AIR FORCE BOARD FOR CORRECTION OF MILITARY REC
ADDENDUM TO
RECORD OF PROCEEDINGS
. )
IN THE MATTER OF:
DOCKET NUMBER: 93-01960
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His complaint that the Air Force's procedures of dividing the
records of promotion candidates in the same competitive category
among panels that make up the selection violates statute and
Department of Defense Directive be upheld and majors'
nonselections during reviews be declared void.
He be reinstated in the Air Force with all back pay and
allowances and other benefits to which he is due.
His records be reviewed for promotion to the grade of lieutenant
colonel against all 2086 majors who were promoted to lieutenant
colonel as a result of the CY90 Central Lieutenant Colonel
Selection Board, which convened on January 16, 1990, using a
Board consisting of 25 civilian members completely independent of
the Air Force.
He be promoted to the grade of lieutenant colonel as if selected
by 'the CY90 board if his records fall any place other than the
absolute bottom after scoring from the above-mentioned board or
the Air Force cannot produce the records with officer selections
briefs needed by the above board.
He be promoted to the grade of colonel at the time he would have
met the colonel promotion board as a result of being promoted to
the grade of lieutenant colonel by the CY90 board.
*
He be given a l l back pay and allowances and any other benefits to
which he was due as a result of being promoted to the grade of
colonel.
His records be purged as follows: All nonselections be deleted;
his separation be voided; and his records be corrected to reflect
constructive active duty service as appropriate.
RESUME OF THE CASE:
The applicant is a former Regular Air Force officer who was
honorably relieved from active duty on 31 Dec 93 and retired in
.-
9 4 . He had served 20 years
the grade of major, effective 1 Jan
and 20 days on active duty.
On 5 Aug 96, the Board considered
and denied the applicant's
requests that his nonselections for
promotion to the grade of
lieutenant colonel be set aside;
and, that he be directlv
promoted to the grade of lieutenant colonel, or afforde;
"effective" Special Selection Board (SSB) consideration (see
AFBCMR 93-01960, with Exhibits A through H).
APPLICANT CONTENDS THAT:
The Air Force used illegal promotion board procedures.
His records should be corrected as a result of the United States
Court of Federal Claims decision in R o a n e v. U n i t e d States.
Applicant's complete submission is at Exhibit I.
A I R FORCE EVALUATION:
Pursuant to the Board's request, the Staff Judge Advocate,
AFPC/JA, reviewed the applicant's most recent submission and
recommended denial of his application.
JA indicated that,
notwithstanding the judge's ruling to the contrary in Roane, two
other judges of the United States Court of Federal Claims have
determined that the Air Force's promotion board process fully
complies with the law. In line with those decisions, JA urged
the Board to reject the applicant's arguments, as the applicant
has failed to prove that any error or injustice occurred with
respect to the promotion boards that considered him.
A complete copy of the JA evaluation is at Exhibit J.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response, the applicant indicated that R o a n e v. United
S t a t e s has not been overturned and he is relying on the court's
decision. The bottom line is that the promotion board that his
records met were conducted illegally. Therefore, all of his
nonselections are void and he should be granted relief.
(See
Exhibit L. )
2
AFBCMR 93-01960
THE BOARD CONCLUDES THAT:
1. In earlier findings, we determined that there was
insufficient evidence to warrant any corrective action regarding
the applicant's original appeal.
We have reviewed the
applicant's most recent submission and find it insufficient to
warrant a reversal of our previous determination in this case.
In our view, the issues raised by the applicant have been
adequately addressed by the Air Force office of primary
responsibility (OPR) . Therefore, we agree with the opinion and
recommendation of the OPR and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of
an error or injustice. Accordingly, we again find no compelling
basis to recommend granting the relief sought in this
application.
2. 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 applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
I
The following members of the Board considered this application in
Executive Session on 14 Oct 98, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Charles E. Bennett, Member
Ms. Martha Maust, Member
The following additional documentary evidence was considered:
Exhibit
Exhibit
Exhibit
Exhibit
I. L t r from Congressman, dated 11 Mar 97, w/atchs.
J. Letter,
K. Letter,
L. Letter,
AFPC/JA, dated 20 Aug 97.
AFBCMR, dated 2 Mar 98.
applicant, dated 11 May 98.
PA*-
THOMAS S. MARKIEWICZ
Panel Chair
3
AFBCMR 93-01960
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ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 90-00851 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ RESUME OF CASE: On 31 July 1990, the Board considered applicant’s request that the Promotion Recommendation Forms (PRFs) for the Calendar Years 1989 and 1990 (CY89 & CY90) Lieutenant Colonel Selection Boards be removed from his records; he be considered for promotion...