. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECO  4 Iw$1G 2 5 1998 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  96-03370 

COUNSEL:  NONE 
HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT: 

The  Air  Force  Form  709,  Promotion  Recommendation  Form  (PRF), 
rendered for the Calendar Year  (CY) 1993B  ( 6   December 1993) Major 
Selection  Board  be  deleted  and  he  be  given  consideration  for 
promotion  to the grade  of  major  by  Special Selection Board  (SSB) 
without the promotion recommendation. 

APPLICANT CONTENDS THAT: 
Previous  AFBCMR  approval  for  removal  of  his  Officer  Performance 
Report  (OPR) closing  20  December  1992  authorized  reconsideration 
for major.  The SSB  was convened on 31 July 1995 but did not select 
him  f o r   promotion  because  of  the  unfavorable  promotion 
recommendation, which was based on unfavorable comments on the OPR 
closing 20 December 1992.  Deletion of the contested PRF will allow 
an unbiased consideration for selection to major. 

In  support  of  his  appeal,  applicant  provided  documentation 
associated  with  removal  of  the  OPR  closing  20  December  1992, a 
letter to the CY93B Major Selection Board, notification that he was 
scheduled to meet an SSB on 31 July 1995, and a copy of his letter 
to  the  senior  rater  requesting  reconsideration  of  the  contested 
PRF.  (Exhibit A) 

STATEMENT OF FACTS: 
The  applicant  is  a  former  Regular  Air  Force  officer  who  was 
honorably discharged on 31 March  1994 in the grade of  captain by 
reason of  IIResignation:  Reduction in Force.'!  He was credited with 
11 years, 1 month, and 1 day of active duty service. 
The relevant  facts pertaining to  this application, extracted  from 
the  applicant's military  records, are  contained  in  the  Record  of 
Proceedings,  dated  30  January  1995  (see Record  of  Proceedings, 
AFBCMR  94-00738, at Exhibit C).  Accordingly, there is no need to 
recite these facts in this Record of Proceedings. 

... 

As a result of favorable consideration of his appeal by the AFBCMR 
on 10 November 1994, it was directed that the OPR rendered for the 
period 21 December 1991 through 20 December 1992, be declared void 
and removed from the applicant's records and that he be considered 
for promotion  to  the  grade  of  major  by  Special Selection Boards 
(SSBs) for the  CY93B  (6 December  1993) and  any subsequent boards 
for  which  the  report  closing  20  December  1992  was  a  matter  of 
record  (see Record of Proceedings, AFBCMR 94-00738, at Exhibit C). 
On 31 July 1995, the applicant was considered for promotion to the 
grade of major by SSB for the CY93B Major Selection Board.  He was 
not selected for promotion. 
On 10 March  1997, the AFBCMR  considered and denied an application 
submitted by  applicant  requesting that  the nonjudicial punishment 
under Article  15, UCMJ, imposed on 6 August  1993, be  removed from 
his records (see Record of Proceedings, AFBCMR  95-01955, at Exhibit 
D) 

e 

AIR FORCE EVALUATION: 

I 

The  Evaluation  Boards  Section,  AFPC/DPPPEB,  reviewed  this 
application and recommended denial, stating the applicant has not 
provided  any  evidence  (i .e. 
senior  rater  support/MLR  president 
concurrence) to  substantiate his  allegations or prove  that  he may 
have been treated unfairly by the officer evaluation system. 
Although  the  applicant  contends  the  PRF  recommendation  resulted 
from inclusion of  the now-removed OPR, he provided no evidence or 
documentation to substantiate this allegation.  It  should also be 
noted  that  even  if  the  (removed)  report  contained  derogatory 
information,  the  senior  rater  could  still  consider  it  in  his 
promotion assessment if knowledge of the behavior was obtained from 
a  reliable  source.  The  documentation provided  by  the  applicant 
does not prove the PRF is inaccurate; particularly since the senior 
rater who  rendered  it  was  not  involved  in the  completion of  the 
(removed) OPR.  Although applicant  believes  the  PRF  was based  on 
the  OPR,  he  provides  no  senior  rater  support  to  validate  his 
belief. 

The complete evaluation is at Exhibit E. 
The  SSB  and  BCMR  Section, AFPC/DPPPAB, reviewed this  application 
and  recommended  denial  based  on  the  evidence  provided.  DPPPAB 
concurred  with  the  DPPPEB  assessment  of  applicant's request  for 
removal of  the contested PRF.  DPPPAB reiterated the necessity of 
having  the  support  of  the  senior  rater  and  management  level 
evaluation  board  (MLEB) president  to  effectively  challenge  the 
validity of the PRF.  Without removal of the PRF, there is no valid 
reason for the SSB.  (Exhibit F) 

2 

AFBCMR  96- 03370 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
Applicant stated that since DPPPAB states that "Air Force personnel 
have remained accountable for their off duty conduct and behavior 
throughout  the  evolution  of  the  Officer  Evaluation  System  and 
reference  to  it  has  never been prohibited"  (except by AFR  36-10, 
para  1-71, one  can  only  conclude  that  his  senior  rater  on  the 
contested  PRF, did  not  have  sufficient information with which  to 
make  a  valid  recommendation  for  his  promotion  to  major. 
He 
provided a copy of his PRF for the CY92C Major Board and an AF Form 
90  from  20  April  1990, which  he  believes  contradict  the  senior 
rater s  assessment 
and 
professionalism. 
He  also  provided  certificates  and  letters  of 
appreciation  to  reflect  his  continued  desire  to  assist  in  the 
community  and  give  back  the  skills  and  good  fortune  he  has 
experienced. 
He further stated that if the senior rater had access to all of his 
off  duty  activities  (he did  not  include  church  activities  nor 
intramurals  within  the  squadron), he  would  have  had  a  different 
opinion of his potential. 
Applicant's complete response is at Exhibit H. 

leadership, 

potential , 

of 

his 

THE BOARD CONCLUDES THAT: 
1.  The applicant has exhausted a11 remedies provided by  existing 
law or regulations. 
2.  The application was timely filed. 
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 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. 
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  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; 

3 

AFBCMR  96- 03370 

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  20  July  1998,  under  the  provisions  of  AFI 
36-2603 : 

Mr. Charles E. Bennett, Panel Chair 
Mr. Thomas S. Markiewicz, Member 
Mr. Vaughn E. Schlunz, Member 

The following documentary evidence was considered: 

Exhibit A. 
Exhibit B. 
Exhibit C. 

Exhibit D. 
Exhibit E. 
Exhibit F. 
Exhibit G. 
Exhibit H. 

DD Form 149, dated 13 Nov 96, w/atchs. 
Applicant's Master Personnel Records. 
Record of Proceedings, AFBCMR 94-00738, 
w/o Exhibits. 
Record of Proceedings, AFBCMR 95-01955, 
w/o Exhibits. 
Letter, AFPC/DPPPEB, dated 15 Jan 97. 
Letter, AFPC/DPPPAB, dated 21 Feb 97, w/atchs. 
Letter, SAF/MIBR, dated 17 Mar 97, 
Letter, Applicant, dated 10 Apr 97, w/atchs. 

L C H A R L E S  E. BENNETT 

Panel Chair 

4 

AFBCMR  96- 03370