AIR FORCE BOARD FOR CORRECTION OF MILITARY 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

9 

DOCKET NUMBER:  97-01594 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 
A  DA Form 67-8, US Army Officer Evaluation Report, rendered for 
the period  7 Apr  82 through 31 Jan 83, be  added to his Officer 
Selection Record  (OSR). 
His  nonselection  for  promotion  to  the  grade  of  captain  by  a 
Special Selection Board  (SSB) for the CY83B Captain Board, which 
convened on 11 Jul 83, be set aside. 
He be given a new date of rank  (DOR) for promotion to the grade 
of  captain;  his  DORs  for  promotion  to  the  grade  of  major  and 
lieutenant  colonel  be  recalculated  based  on  his  new  DOR  to 
captain; and he be given back pay based on the new DORs. 

APPLICANT CONTENDS THAT: 
His DOR calculation error which occurred in 1982 was  discovered 
during an audit.  As  a result, his  DOR  to first lieutenant was 
adjusted which resulted in an earlier consideration to captain by 
the CY83B Captain Board.  He was nonselected by that board.  Had 
the Army evaluation report been present in his OSR, he would have 
been selected by the CY83B board. 

In support of his appeal, the applicant provided a narrative of 
events, a copy of the Army evaluation report, and other documents 
associated with  the matter  under  review.  Applicant's  complete 
submission is at Exhibit A. 

STATEMENT OF FACTS: 

Information  extracted  from  the  Personnel  Data  System  (PDS) 
indicates that the applicant is currently serving on active duty 
in the grade of lieutenant colonel, having been promoted to that 
grade  on  1 Feb  98.  His  Total Active  Federal Military  Service 
Date is 28 Apr 83.  He was voluntarily ordered to extended active 
duty on 11 Jun 83. 

Applicant's OER/OPR profile since 1982 follows: 

PERIOD ENDING 

6 

Apr 82 
Jun 83 
Dec 83 
Jun 84 
Dec 84 
Jun 85 
Jun 86 
Nov 86 
Nov 87 
May 88 
Jul 88 
Jun 89 
Jun 90 
Jun 91 
Jun 92 
Jun 93 
Jun 94 
Jun 95 
Jun 96 

10 
13 
10 
10 
19 
19 
7 
7 
20 
22 
19 
19 
19 
19 
19 
19 
19 
19 

EVALUATION 
Always Exceeded 
Requirements (Army Rpt) 
No Rpt Required IAW 36-10 
1-0-1 
1-1-1 
1-1-1 
1-1-1 
1-1-1 
1-1-1 
1-1-1 
1-1-1 
Training Report 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Training Report 
Meets Standards 
Meets Standards 
Meets Standards 

AIR FORCE EVALUATION: 
The  Officer  Promotion  and  Appointment  Branch,  AFPC/DPPPO, 
reviewed this application  and  recommended  denial.  DPPPO  noted 
that  the  applicant  entered  extended  active  duty  (EAD) as  an 
inter-service transfer from the Army on 11 Jun 83 with a DOR to 
first lieutenant of  9 May  83.  Air  Force Regulation  36-89, Oct 
77, stated eligibility criteria for promotion to captain as two 
years  time  in  grade  as  a  first  lieutenant. 
With  a  DOR  of 
9 May 83  and  an  EAD  of  11  Jun  83,  the  applicant met  the  CY84 
central  selection  board  and  was  selected  for  promotion. 
Applicant's  DOR  and  effective  date  of  rank  to  captain  was 
17 Apr 84.  HQ AFMPC/DPMD002, memorandum, 26 Jul 94, stated as a 
result  of  an  audit  of  his  records,  an  error  was  revealed, 
therefore,  his  DOR  as  a  first  lieutenant  was  adjusted  from 
9 May 83 to 17 Apr  82.  With  this adjusted DOR, DPPPO indicated 
that  the  applicant  should  have  been  considered  by  the  CY83B 
captain board.  .The applicant was scheduled for an SSB.  The SSB 
met  on  28  Nov  94  and  the  applicant  was  nonselected  for 
retroactive promotion to captain for the CY83B board.  HQ AFMPC, 
2506462 Oct 94 message stated that if the applicant was selected 
by the CY83 captain board, he would meet the CY88 below-the-zone 
(BPZ) promotion board and CY91 in-the-promotion zone  (IPZ) board 
to major.  If the applicant had been selected from the 28 Nov  94 
SSB, his DOR would have remained the same due to the 2-year time 
in grade requirement for promotion to captain. 

2 

AFBCMR 97-01594 

According to DPPPO, the applicant ' s  request for the inclusion of 
an Army evaluation report into his record should be denied based 
under the equitable doctrine or laches which denies relief to one 
who has unreasonably and inexcusably delayed in asserting claim. 
Laches consist of two elements:  inexcusable delay and prejudice 
to the Air  Force resulting therefrom.  In the applicant's case, 
he waited over 13 years to file and took no action on the claim 
prior  to  that  time.  Regardless  of  the  date  of  discovery,  the 
opportunity to request action to ensure his selection record was 
complete has been afforded to him since 1984. 

The applicant's unreasonable delay has also caused prejudice to 
the  Air  Force. 
The  Air  Force  asserts  that  the  applicant's 
unreasonable  delay  regarding  a  matter  now  dating  back  over 
13 years  has  greatly  complicated  its  ability  to  determine  the 
merits of the applicant's position. 
DPPPO  indicated that the applicant's DOR to captain is accurately 
computed . 
Subsequent  promotion  considerations  to  major  and 
lieutenant  colonel  which  were  based  on  the  DOR  to  captain  are 
correct.  The key to the applicant's situation is the effective 
date of promotion to first lieutenant.  The nonselection from the 
SSB had no effect on the applicant's promotion.  Therefore, DOR 
should have remained the same. 
A complete copy of the DPPPO evaluation is at Exhibit C. 
The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application 
and  noted  that  the applicant was  selected for promotion  by  the 
CY97A (3 Feb 97)  lieutenant colonel selection board.  As a result 
of  his  DOR  recalculation,  the  applicant  was  considered  and 
nonselected by an SSB for the CY83B Captain Board, which convened 
on 28 Nov 94. 
DPPPA indicated that AFPC/DPPPO has  addressed the  recalculation 
issue and has recommended denial of the applicant's  request that 
the nonselection by  the CY83B board be  overturned and  that  his 
DOR  to  major  and  lieutenant  colonel  be  recalculated. 
DPPPA 
stated  that  they  concur  and  do  not  support  reconsideration  or 
direct promotion to the grade of captain on this issue. 

Concerning  the  applicant's  contention  that  had  the  Army 
evaluation  report been  filed in his  record, he would  have been 
promoted by  the CY83B  Captain Board,  DPPPA  indicated  that  they 
have researched the applicant's OSR, and there is an AF Form 77 
filed that covers the period of time the Army  evaluation report 
covers.  Even though this request is untimely, DPPPA stated that 
they  would  not  object  to  adding  the  Army  report  provided  the 
applicant's servicing military personnel flight  (MPF) provided a 
certified true copy.  Once it has been provided, then they would 
not  object  to promotion  reconsideration by  the CY83B board  and 
any  other  boards  for which  the Army  report  should have  been  a 
matter of record. 

3 

AFBCMR 97-01594 

request  that  the  original 
DPPPA  noted  the  applicant's 
nonselection by the CY83B board be overturned and that a new DOR 
to  captain be  established  as  if  he  was  selected by  the  CY83B 
board.  In DPPPA's  view, this, in effect, is a direct promotion, 
and  they  do  not  support it.  Other  than his  own opinions,  the 
applicant  has  provided  no  substantiation  to  support  direct 
promotion. 
A complete copy of the DPPPA evaluation is at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
In  his  detailed  response,  the  applicant  indicated  that  he 
apologizes for repeating many  of the same comments that were  in 
his  original narrative, but  feels that  the entire point  of his 
appeal was missed.  He is asking the Board to render judgment on 
his  promotability  based  on  the  addition  of  this  missing  Army 
performance  report  and  correct  subsequent  promotion  dates  to 
maintain the BTZ promotion to major.  He does not know the impact 
of what he is asking or whether it is precedent  setting, but he 
would ask the Board to consider he was not the originator of this 
mistake  but  its victim.  If, after  the  addition  of  the  second 
Army  OPR, his  record is not  considered worthy  of  selection for 
promotion  to  the  grade  of  captain  in  1983,  regardless  of  the 
technicalities, he will salute smartly and continue to give this 
Air Force everything he has. 
Applicant's  complete response is at Exhibit F. 

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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice.  We 
note that a previous Army  evaluation report is contained in the 
applicant's  records  and  DPPPA  appears  to  support  adding  the 
contested Army report to his OSR.  In view of this, we recommend 
that  the  DA  Form  67-8,  US  Army  Officer  Evaluation  Report, 
rendered for the period  7 Apr  82 through 31 Jan 83 be  accepted 
for file in its proper sequence.  However, we are not inclined to 
recommend that the applicant be provided SSB consideration by the 
CY83B with his corrected record.  We note that the applicant was 
selected  for  promotion  to  the  grade  of  captain  by  the  CY84 
Captain  Board.  Even  if  he  was  selected  for  promotion  to  the 
grade of captain by  an SSB for the CY83B board, because  of the 

4 

AFBCMR 97-01594 

. 

rules regarding time in grade, his selection by an earlier board 
would have had no practical effect on his promotion; that is, his 
DOR would have remained the same. 
4.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
concerning  the applicant's  requests that he  be  given a new  DOR 
for promotion to the grade of captain; his DORs for promotion to 
the grade of major and  lieutenant colonel be  recalculated based 
on his new DOR to captain; and he be given back pay based on the 
new DORs.  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  (AFPC/DPPPO) 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 which shows to our satisfaction that the applicant's  DOR 
for promotion to the grade of captain was  erroneously computed, 
the applicant's  requests are not favorably considered. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  the  attached 
DA Form 67-8, US Army Officer Evaluation Report, rendered for the 
period  7 Apr  82 through 31 Jan 83, be  accepted for file in his 
Officer Selection Record  (OSR) in its proper sequence. 

The following members of the Board considered this application in 
Executive  Session on 1 Sep  98,  under the provisions  of AFI  36- 
2603: 

Mr. Benedict A. Kausal IV, Panel Chair 
Mr. Terry A. Yonkers, Member 
Mr. Patrick R. Wheeler, Member 

All members  voted  to correct the records, as  recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 19 May 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
AFPC/DPPPO, dated 14 Oct 97. 
Exhibit C.  Letter, 
Exhibit D.  Letter, 
AFPC/DPPPA, dated 3 1  Oct 97. 
Exhibit E.  Letter, 
SAF/MIBR, dated 17 Nov 97. 
Exhibit F.  Letter, 
applicant, dated 1 2   Dec 97. 

- 

F M h W  

ENEDICT A. KAUSAL IV 
Panel Chair 

5 

AFBCMR 97-01594 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-01 594 

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: 

in his Officer Selection Record (OSR) in its proper sequence. 

Department of the Air Force relating t- 
to show that the attached DA Form 67-8, US Army 

e period 7 Apr 82 through 31 Jan 83, be accepted for file 

/ Director 

Air Force Review Boards Agency 

Attachment : 
DA Form 67-8