RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01562
		INDEX NUMBER:  135.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be considered for promotion to major by special selection boards (SSB) for the Calendar Year (CY) 1998B and CY99A Major Central Selection Boards with the letters he wrote to each board requesting not to be promoted removed from his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

Although his decision to write the Boards was the best one for him and his family at the time, he now desires to apply for a return to active duty.  Current Air Force policy does not allow him to apply for a return to active duty since he has been twice deferred for promotion.

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

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STATEMENT OF FACTS:

The applicant was considered and not selected for promotion to major by the CY98B and CY99A Major Central Selection Boards.  The applicant wrote a letter to each board asking not to be promoted.  He separated from active duty on 10 Oct 99 as a twice-deferred officer and was ineligible for involuntary separation pay, as he had caused his own nonselections.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  Per Section 628, 10 U.S.C., SSBs may be granted when an eligible officer did not meet a board or met the board in an incorrect promotion zone or competitive category; if the action of the board was contrary to law or involved material error or fact or material administrative error; or the board did not consider material information that should have been available in compliance with pertinent Air Force directives and policies.  In the applicant’s case, there were no legal or material errors, and all pertinent information was available for the board to see.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant indicates that the information in the evaluation is correct, but he is now asking for the letters he wrote to the board to be rescinded.  If the board rescinds the letters, then his records, which met the promotion boards, would contain a material error warranting an SSB.

The applicant’s complete response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2003-01562 in Executive Session on 20 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 May 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 24 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jun 03.
    Exhibit E.  Memorandum, Applicant, 9 Jul 03, w/atchs.

                                   Panel Chair