AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DEC 1 11998 

IN THE MATTER OF: 

DOCKET NUMBER:  96-01946 

COUNSEL:  NONE 
HEARING DESIRED:  YES 

APPLICANT REOUESTS THAT: 
1.  His  Officer  Selection Brief  (OSB) be  corrected by  amending 
his assignment history to reflect: 

a.  Add:  "Theater  Exercise  Development  Planner" effective 

1 April 1993. 

b.  Change :  WWC  Action Off iter" to read:  "Chief , Airborne 
Space Applications Systemst1 for  the  period  20  January  1994  to 
28 July 1995. 
2.  He  be  considered  for  promotion  to  the  grade  of  major  by 
Special  selection Board  (SSB) for the  Calendar Years  1995 and 
1996 (CYs 95A and 96A) Central Major  Selection Boards. 
In  the  applicant's  response  to  the  Air  Force  evaluations,  he 
requests that: 
1.  His  records  be  corrected  to  reflect  reinstatement  and 
continuous active duty with all pay and entitlements. 
2.  Set aside his nonselections for promotion to major. 
3.  He be given a direct promotion to the grade of major. 
4.  The  AFBCMR  correct  his  record  to  reflect  selection  to  the 
grade of lieutenant colonel. 

APPLICANT CONTENDS THAT: 
He was assigned to the Space Warfare Center  (SWC) for nearly ten 
months  before  he  was  actually  Ilcreditedll  with  this  assignment. 
This  was  not  unusual  at  the  time  as  several  officers  were 
assigned  to  the  SWC  for  several  months  before  the  Ifpersonnel 
system" was updated to reflect their assignment into the SWC. 
In support of his application, applicant submits a statement from 
the Executive Officer, Headquarters USAF Space Warfare Center who 
states  that  he  was  applicant s  supervisor  when  applicent  was 

first  assigned  to  the  SWC. 
applicant's duty titles be amended as requested. 
Applicant's submission is attached at Exhibit A. 

The  supervisor  recommends  the 

STATEMENT OF FACTS: 

Available -records reflect that applicant was commissioned in the 
U. S. Air Force on 30 May 1984 in the grade of second lieutenant 
and  entered Undergraduate  Pilot  Training.  He was  subsequently 
promoted to the grade of captain effective 30 May 1988. 
Applicant  was  considered  and  nonselected  for promotion  to  the 
grade  of  major  by  the  CY95A  (5 Jun  95) and  CY96A  (4 Mar  96) 
Central  Major  Selection  Boards. 
Applicant  was  previously 
considered and nonselected for promotion to the grade of major by 
the  CY93B  and  CY94A  selection  boards  below-the-promotion zone 
(BPZ) . 
Applicant's  Officer  Performance  Report  (OPR)  profile  is  as 
follows : 

PERIOD ENDING 

10 Jun 90 
5 Dec 90 
22 Feb 91 
14 Sep 91 
16 Jul 92 
16 Jul 93 
#  16 Jul 94 
1 Jun 95 
##  27 Dec 95 

OVERALL EVALUATION 
Meets Standards 
Meets Standards 
Education/Training Report 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 

# 

## 

Top report at time of non-selection by the CY95A Central 
Major Selection Board 
Top report at time of non-selection by the CY96A Central 
Major Selection Board 

Information  in  the  Personnel  Data  System  (PDS), as  of  August 
1997, reveals  that  applicant was  released  from  active  duty  on 
16 September  1996  and  transferred  to  the  Air  Force  Reserve. 
However,  applicant's name  or  military  service  information  no 
longer appears in the PDS. 

AIR FORCE EVALUATION: 
The Chief, Reports and queries Team Directorate of Assignments, 
HQ AFPC/DPAISl, states that their office has updated applicant's 
duty title, effective 20 January 1994, to reflect  "Ch ABW  Space 

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Application Sys".  The duty history change to add the duty title 
for  the  1 April  1993  effective  date  was  disapproved  as  the 
applicant has no source documents that would support his request. 
If  applicant  can  support  his  request  with  the  proper  source 
document,  then  he  can  reapply  to  have  this  particular  duty 
history entry added. 
A copy of the Air Force evaluation is attached at Exhibit C. 
The  Chief-,  Appeals  and  SSB  Branch, HQ  AFPC/DPPPA,  states,  in 
part, that the applicant submits a letter of support from someone 
outside the rating chain of any of his evaluation reports.  The 
duty  title  "Ch  ABN  Space  Application  sys"  appears  on  the 
applicant's OPRs closing out  on 16  July  1994 and  1 June  1995. 
They, AFPC/DPPPA, concur that the requested duty title entry of 
"Theater Exercise Dev Plnr" is unfounded, as it is not supported 
by any documentation. 

With regard to the applicant's request for SSB  consideration, the 
applicant has not provided evidence  that would  suggest that  he 
made  any attempt  to  ensure  the  accuracy of  his  records.  They 
recommend  denial  of  his  request  for  SSB  consideration  by  the 
CY95A and CY96A central major selection boards. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
Applicant reviewed the Air Force Evaluations and states that the 
Air  Force  evaluations ask  for  llsource  documentsIf which  support 
his position.  However, they do not acknowledge the significance 
of the statements he  (applicant) has provided, nor do they refute 
his comments concerning the turmoil which was apparent at AFSPC 
when the SWC was being opened. 

APPLICANT'S ADDITIONAL CONTENTIONS: 
In applicant's response to the Air Force evaluations, he  makes 
additional  contentions  with  respect  to:  Defective  Selection 
Boards, Violation of Statute and DoD Directive; Violation of  10 
USC  Sections 616 and  617; Separate Board Reports not  Issued in 
Violation of  DoDD 1320.12; Board President's Role Violates DoDD 
Restrictions; and, Required Selection Board Procedures Ignored. 
Applicant's response, with  Evidentiary  Support, is  attached  at 
Exhibit F. 

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ADDITIONAL AIR FORCE EVALUATION: 

The  Chief  of  Operations,  Selection  Board  Secretariat,  HQ 
AFPC/DPPB, reviewed the application and stated that in summary, 
they note the application--verbiage and attachments--is virtually 
identical to other applications received in the last few years. 
Like  others  in  the  past,  it  contains  faulty  logic,  incorrect 
statements, accusations without merit, directives, statute, and 
regulations taken out of context, and is fully unfounded. 
A complete copy of the evaluation is attached at Exhibit G .  

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

Applicant  reviewed  the  Air  Staff  evaluation  and  provided  a 
response which is attached at Exhibit I. 

ADDITIONAL AIR FORCE EVALUATION: 
The  Staff  Judge Advocate, HQ AFPC/JA,  reviewed  the  application 
and  stated  that  it  is  the  opinion  of  HQ  AFPC/JA  that  the 
application should be  denied.  Applicant  has  failed to present 
relevant evidence of any error or injustice warranting relief. 
A complete copy of this evaluation is attached at Exhibit J. 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

Applicant  reviewed  the  additional  Air  Force  evaluation  and 
provided a response.  Applicant  asks the AFBCMR  to correct his 
record  to  reflect  selection for major  -  the  only option which 
would make him whole.  Applicant's response, with attachments, is 
attached at Exhibit L. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
warranting  favorable consideration to  a portion  of  applicant's 
requests.  We  note that the applicant's request to correct his 
officer  selection  brief  (OSB)  by  updating  his  duty  title  to 

4 

I 

reflect  "Chief ,  Airborne  Space  Applications  Systems"  for  the 
period  20 January 1994 to 28 July  1 9 9 5 ,   has been accomplished. 
However, this was not accomplished prior to the convening of the 
CYs  95A  and  96A  Central  Major  Selection  Boards.  We  cannot 
determine  whether  or  not  this  error  served  to  preclude  the 
applicant from being selected for promotion to the grade of major 
but,  we  do  believe  there  was  an  injustice  as  his  record  did 
contain an error.  Therefore, we  recommend that his record, to 
include the OSBs  with the correct duty history, be considered for 
promotion-  to  the  grade  of  major  by  special  selection boards 
(SSBs) for the CYs 95A and 96A Central Major Selection Boards. 
4.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  with 
regard  to  the  remainder  of  applicant's requests.  Applicant's 
numerous contentions concerning the statutory compliance of  the 
central  selection  boards,  the  promotion  recommendation  appeal 
process  and  the  legality of  the  special  selection board  (SSB) 
process, are duly noted.  However, after a thorough review of the 
evidence  of  record  and  applicant's  submission,  we  are  not 
persuaded that the duty title, effective 1 April 1993 be added to 
reflect "Theater Exercise Development Planner"; his nonselections 
for  promotion  to  the  grade  of  major,  by  the  CY95A  and  CY96A 
promotion boards be  set aside; that his records be corrected to 
reflect  reinstatement  and  continuous  active  duty  since  his 
separation; that he  receive a direct promotion  to the grade of 
major  with  back  pay  and  benefits;  or,  that  his  record  be 
corrected  to  reflect  selection  to  the  grade  of  lieutenant 
colonel.  We  do  not  find  applicantls  assertions,  in  and  by 
themselves,  sufficiently  persuasive  to  override  the  rationale 
provided  by  the  Air  Force. 
We  therefore  agree  with  the 
recommendations  of  the  Air  Force  and  adopt  the  rationale 
expressed as the basis  f o r   our decision that  the applicant has 
failed to sustain his burden that he has suffered either an error 
or  an  injustice.  Therefore, we  find  no  compelling  basis  to 
recommend granting the relief sought. 
5.  The documentation provided with this case was sufficient to 
give the Board a clear understanding of the issues involved and a 
personal  appearance, with  or  without  counsel,  would  not  have 
materially added to that understanding.  Therefore, the request 
f o r   a hearing is not favorably considered. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  to  include  corrected  Officer  Selection 
Briefs  (OSBs) reflecting  the  duty  title  "Chief Airborne  Space 
Applications Systemsll, effective  20 January 1994 ,  be  considered 

5 

for promotion to the grade of major by Special Selection Boards 
(SSBs)  for  the  Calendar  Years  1995A  and  1996A  Central  Major 
Selection Boards. 

The following members of the Board considered this application in 
Executive Session on 14 October 1998, under the provisions of AFI 
36-2603 : 

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Charles E. Bennett, Member 
Ms. Martha Maust, Member 

All  members voted  to correct the records, 
following documentary evidence was considered: 

as recommended. 

Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit D. 
Exhibit E. 
Exhibit F. 
Exhibit G. 
Exhibit H. 
Exhibit I. 
Exhibit J. 
Exhibit K . 
Exhibit L. 

DD Form 149, dated 2 Jul 96, w/atch. 
Applicantis Master Personnel Records. 
Letter, HQ AFPC/DPAISl, dated 29 Jul 96. 
Letter, HQ AFPC/DPPPA, dated 13 Aug 96. 
Letter, AFBCMR, dated 26 Aug 96. 
Applicantis Letter, dated 5 N o v   9 6 ,   w/atchs. 
Letter, HQ AFPC/DPPB, dated 8 Jan 97. 
Letter, AFBCMR, dated 27 Jan 97. 
Applicantis Letter, dated 22 Mar 97, w/atchs. 
Letter, HQ AFPC/JA, dated 21 Oct 97. 
Letter, AFBCMR, dated 3 Nov 97. 
Applicantis Letter, dated 2 Dec 97, w/atchs. 

, 

The 

/THOMAS  S. MARKIEWICZ 

\ 

Panel Chair 

6 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

, 

Office of the Assistant Secretary 

AFBCMR 96-0 1946 

DEC 1 1 3998 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

records of the Department of the Air Force relating to- 
to include corrected Officer Selection Briefs (OSBs) reflecting the 
uty  title  “Chief  Airborne  Space  Applications  Systems,”  effective  20  January  1994,  be 
considered  for promotion  to  the  grade of  major  by  Special  Selection Boards  (SSBs)  for the 
Calendar Years 1995A and 1996A Central Major Selection Boards. 

U 

Director 
Air Force Review Boards Agency