AIR FORCE BOARD FOR CORRECTION OF MILITARY RE
RECORD OF PROCEEDINGS
IN THE MATTER OF:
vF?l U998
DOCKET NUMBER: 97-02337 (Case 4)
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REOUESTS THAT:
1. The duty title of "Command Manager" and associated job
description, with the effective date of 19 May 1986, be corrected
in the Personnel Data System (PDS).
2. The revised Promotion Recommendation Form (PRF) for the CY96C
Central Lieutenant Colonel Selection Board (P0596C), with a
"Definitely Promote" recommendation, be accepted for file.
3. His corrected record be considered by a Special Selection
Board (SSB) for promotion to the grade of lieutenant colonel by
the CY96C Lieutenant Colonel Selection Board, which convened on
8 July 1996.
APPLICANT CONTENDS THAT:
During the May 87 and May 88 time frame, he was appointed Command
Manager and his records should be corrected to reflect this duty
title.
He had several minor changes approved and added to his record via
the appeals process. As a result, his CY94 PRF was upgraded to a
Definitely Promote (DP) and he believes his CY96 PRF should be
upgraded based upon the same information that upgraded the CY94
PRF .
In support of his request, applicant submits copies of the AFI
36-2402 decision, which contains statements from his former
superiors, AF Form 2096, the revised P0596C PRF, statements from
the senior rater and MLRB president, the P0594A PRF and
additional documents associated with the issues cited in his
contentions (Exhibit A).
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS)
reveals the applicant's Total Active Federal Commissioned Service
Date (TAFCSD) as 30 May 1979. He is currently serving on active
duty in the grade of major, with an effective date and date of
rank of 1 July 1990.
The applicant provided a copy of AF Form 2 0 9 6 , dated 8 May 1986,
which reflects the duty title change of Command Manager,
effective 19 May 1986. Applicant also provided a copy of an
earlier extract from the Personnel Data System (PDS), which
reflects the duty title of Command Manager, effective 18 May
1986. A review of applicant's current duty history in the PDS
does not reflect the aforementioned entry.
The Officer
Effectiveness Report, OER), rendered for the period 18 May 1986
through 17 May 1987, contains the duty title of "Advanced Space
System Acquisition Manager."
Applicant s OPR profile, commencing with the report closing,
17 May 1991 follows:
Period Endinq
17 May 91
26 Jan 92
26 Dec 92
# 2 Dec 93
2 Dec 94
## 2 Dec 95
2 Dec 96
Evaluation
Meets Standards (MS)
MS
MS
MS
MS
MS
MS
# Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY94A Central Lieutenant
Colonel Board, which convened on 11 October 1994.
## Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY96C Central Lieutenant
Colonel Board, which convened on 8 July 1996.
Information maintained in the Personnel Data System (PDS) reveals
that the applicant currently has an established date of
separation of 31 May 1 9 9 9 .
AIR FORCE EVALUATION:
The Air Force Evaluations Board Recorder, HQ AFPC/DPPPEB,
provided a technical review of applicant's case concerning the
PRF issue. DPPPEB stated that the applicant had a PRF for the
CY94 Lieutenant Colonel Board upgraded to a 'DP" based upon the
addition of new information to his record (OPR content change,
duty title change and Air Force Commendation Medal updated). His
original senior rater and the present Management Level Evaluation
Board (MLEB) president supported the content change; however ,
applicant was nonselected by the CY97 SSB.
DPPPEB stated that the applicant now requests his CY96 PRF be
upgraded based upon this same new information that allowed his
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97- 02337
.
CY94 PRF to be upgraded. The original senior rater supports the
request; however, the present MLEB president, AFMC/CV does not
AFI 36-2401 stipulates that
support the requested upgrade.
changes to the overall rating on a PRF require both the senior
rater and the MLEB president.
DPPPEB stated that overall, the content of the PRF contains all
valid statements; however, since the present MLEB president does
not support the applicant's request to upgrade the overall
promotion recommendation, DPPPEB recommended that the present
PRF, with a \\PromoteN recommendation stand. DPPPEB indicated
that the overall comments in Section IV, Promot ion
Recommendation, support an overall recommendation of \\Promote"
(Exhibit C).
The Directorate of Assignments, HQ AFPC/DPAISl, responded to the
duty title issue. DPAIS1 stated that the applicant submitted an
AF Form 2096, which awarded him the requested duty title, to
substantiate this correction. Although the AF Form 2096 is
considered a valid source document, AFMAN 36-262 states, 'If the
OER/OPR does not agree with the requested change, a request must
be submitted to correct the OER/OPR." DPAIS1 does not concur
with allowing changes that conflict with source documents on
file. DPAIS1 recommended the applicant's request be disapproved
until the Board reaches a decision on whether or not to allow the
May 87 and May 88 OPRs to be corrected (Exhibit D).
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, stated that the
applicant has had several appeal actions over the last four years
(copies provided).
DPPPA indicated that the contested duty
history entry has been a matter of record for 11 years. The
applicant attempted to appeal his 17 May 1987 and 17 May 1988
Officer Effectiveness Reports (OERs) to have the duty title and
job description changed. The Evaluation Report Appeal Board
( E M ) considered the applicant's appeal for merit; however, the
ERAB time-barred the appeal. DPPPA concurs with the assessment
of HQ AFPC/DPPPEB concerning the PRF issue. DPPPA stated that
the senior rater supports the applicant's request. However, the
Management Level Review Board (MLRB) president does not support
the applicant's request for a "DP" recommendation, but is willing
to support a reworded PRF. DPPPA indicated that while it may be
argued that the contested PRF was a factor in the applicant's
nonselection, there is no clear evidence that it negatively
impacted his promotion opportunity. Based on the assessments
provided by HQ AFPC/DPAISl and HQ AFPC/DPPPEB and on the evidence
provided, DPPPA recommended the duty title issue be time-barred
and the PRF issue be denied. If the Board considers the duty
title issue, DPPPEB recommended denial (Exhibit E).
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinions and indicated that
even minor changes can make the difference between a Definitely
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97- 02337
The
Promote "DP" and a Promote 'P." Both the senior rater and the
MLEB president determined that changes made to his records were
sufficient to award him a "DP" recommendation for the CY94
Lieutenant Colonel SSB. The same senior rater determined a
second time that the same changes, with two years of additional
exemplary work, was sufficient to change his PRF from \\Pff to "DP"
for the CY96 SSB. He does not know why the MLEB president
disagreed with the same PRF recommendation for the CY96 SSB. He
believes that if anything, his record was strengthened, not
weakened, by two more years of outstanding OPRs. He stated that
an individual being considered for above-the-zone promotion will
not get promoted without a "DP" on the PRF. He considers DPPPA's
insinuation that he is attempting to recreate history to be
He corrected errors which were accepted by two
insulting.
general officers.
senior rater provided a justification
letter detailing why he changed the CY94 "PI' recommendation to a
\'DP" and essentially used the same justification for the CY96
\\DP" recommendation.
As to the duty entry, when his OPR closed out in May 1988, he was
reassigned to a geographically-separated unit (the Military
Personnel Flight was not co-located with the duty assignment).
He was unable to review his duty records from May 1988 to July
1991 (end of his geographically-separated unit assignment). It
was then that he discovered the error and started the correction
process through the ERAB. His Military Personnel Flight (MPF) ,
in accordance with Air Force regulations (reference MIBR
application), corrected his duty history based on the AF Form
2096 source document. DPPPA directed the MPF to change his duty
title back, in contravention to Air Force regulation. He stated
that the Air Force has a responsibility to maintain an accurate
service history.
A complete copy of this response is appended at Exhibit E.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application concerning the PRF issue was timely filed.
The application concerning the duty title issue 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 probable error or injustice. We
took notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the respective Air Force offices and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, absent sufficient evidence to the contrary, we find no
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97- 02337
compelling basis to recommend granting the relief sought in this
application.
4. 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 issue(s)
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.
The following members of the Board considered this application in
Executive Session on 9 July 1998, under the provisions of AFI
36-2603 :
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Michael P. Higgins, Member
The following documentary evidence was considered:
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
A.
B.
C.
D.
E.
F.
G .
DD Form 149, dated 31 Jul 97, w/atchs.
Applicant’s Master Personnel Records.
Letter, HQ AFPC/DPAISl, dated 29 Aug 97.
Letter, HQ AFPC/DPPPEB, dated 27 Aug 97.
Letter, HQ AFPC/DPPPA, dated 24 Sep 97.
Letter, SAF/MIBR, dated 13 Oct 97.
Letter from applicant, dated 13 Nov 97.
Panel Chair
,’”
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97- 02337
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