RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03703

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be granted special board consideration for the Fiscal Year 1996 (FY96) Reserve of the Air Force Lieutenant Colonel Promotion Selection Board.

APPLICANT CONTENDS THAT:

When he was granted special board consideration for his 1998 AFBCMR application, HQ ARPC made an error and conducted the incorrect board.  HQ ARPC conducted a Special Review Board (SRB) for the Fiscal Year 1997 (FY97) board and it should have been for the FY96 board.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the FY97 Reserve of the Air Force (ResAF) Line Lt Col Promotion Selection Board which convened on 10 June 1996.

The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the FY98 ResAF Line Lt Col Promotion Selection Board.

In 1998, the applicant filed an appeal to the AFBCMR requesting supplemental promotion consideration to the rank of Lt Col.  He based his request on the correction to his FY97 Promotion Recommendation Form (PRF), which he successfully appealed to the Evaluation Report Appeals Board in April 1998.

The AFBCMR granted his request and the supplemental promotion board for the FY97 board was held 19 October 1998.  The applicant was not selected for promotion, and was notified of his nonselection by the AFBCMR in a memorandum dated 12 November 1998.

Reserve Order No. EL-3892 dated 5 May 2009 reflects the applicant retired on 16 May 2009 in the grade of major and was credited with 20 years and 1 day of service per Title 10 USC Section 12732.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends denial indicating there is no evidence of an error or an injustice.

The applicant was promoted to major on 1 October 1989.  This DOR placed him in-the-promotion zone (IPZ) for the FY97 Reserve of the Air Force (ResAF) Line Lieutenant Colonel Promotion Selection Board, held 10 June 1996, which meant this was his first opportunity for promotion to Lieutenant Colonel.   He met the board with a “Promote” recommendation on his PRF and was not selected by this board.  The applicant met the FY98 ResAF Line Lieutenant Colonel Promotion Selection Board with a “Definitely Promote” recommendation on his PRF.  He was not selected by this board.

He appealed to the AFBCMR for supplemental promotion consideration based on an incorrect PRF and his request was approved; however, he was not selected for promotion.  In September 1999, the applicant requested reconsideration for promotion to Lieutenant Colonel based on board composition of the Special Review Board.  In his letter, he specifically mentioned being non-selected for promotion by the FY97 and FY98 boards and did not refer to any concern about the incorrect board being held.  The AFBCMR denied this request.

ARPC/PB cannot find any evidence, nor has the applicant presented any evidence, to prove there was any error in the board that was held as a result of the applicant’s original 1998 AFBCMR application.  There is ample evidence to show the applicant requested and was granted special board consideration for the FY97 Reserve of the Air Force Lieutenant Colonel Promotion Selection Board and that HQ ARPC correctly held an SRB for that board.

A complete copy of the ARPC/PB evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 5 July 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant’s contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03703 in Executive Session on 25 October 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03703 was considered:

	Exhibit A.  DD Form 149, dated 24 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 11 May 2016.
	Exhibit D.  Letter, AFBCMR, dated 5 July 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.