A I R   FORCE BOARD  FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

.  L k'  ; +' JL.r 

, 

DOCKET NUMBER:  97-03641 
COUNSEL:  None 
HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 

1.  He  be  promoted  to  the  grade  of  lieutenant  colonel  as  if 
selected  by  the  Calendar  Year  1994  (CY94) Central  Lieutenant 
Colonel Selection Board, or in the alternative; 

2.  His record, to include a Promotion Recommendation Form  (PRF) 
reflecting  a  "Definitely- Promote  (DP)  recommendation,  be 
considered by  a Special  Selection Board  (SSB) far promotion  to 
the grade of  lieutenant colonel for the CY94 Central Lieutenant 
Colonel Selection Board. 

APPLICANT CONTENDS THAT: 

The reasons the applicant believes the records to be in error or 
unjust and the evidence submitted in support of the appeal are at 
Exhibit A. 

STATEMENT OF FACTS: 

The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in the  letters 
prepared  by  the  appropriate  offices  of  the  Air  Force. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

this  application  and  states  that  with  the  ad 1 ition  of  new 

AIR FORCE EVALUATION: 
The R a r d ,  USAF  Officer Evaluation Boards, AFPC/D PPEB, reviewed 
information within the Record of Performance (ROP), the applicant 
must obtain the concurrent of  his previous senior rater as well 
as the Management Level Evaluation Board  (MLEB) president to make 
any  changes  to  either  the  content  of  the  PRF  ar  the  overall 

_ -  

recommendation.  Upon the addition of the new information to the 
applicant's ROP, a change to the narrative portion of the PRF was 
approved  by  both  the  senior  rater  and  the  MLEB  president. 
However, since the applicant has not obtained the concurrence of 
the MLEB president in regard to his request for an upgrade of the 
overall  recommendation  on  the  PRF,  they  believe  the 
recommendation should remain as "Promote". 
A  complete  copy  of  the  Air  Force  evaluation  i s   attached  at 
Exhibit C. 

The  Acting  Chief, Appeals  and  SSB  Branch, AFPC/bPPP,  reviewed 
this application and states that they concur with the AFPC/DPPEB 
advisory opinion.  If the Board decides to replace the original 
PRF  with  the  revised  form,  they  have  no  objection  to  the 
applicant  receiving  SSB  consideration. 
However ,  they  are 
strongly opposed to the applicant receiving a direct promotion or 
to the Board changing the promotion recommendation on the PRF to 
a "DP" absent the MLEB president concurrence. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A  complete copy of the Air  Force evaluations were  forwarded to 
the applicant on 9 February 1998, for review and response.  As of 
this date, no response has been received by this office. 

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  a  probable  error or  injustice to 
warrant  that  his  record,  to  include  the  corrected  Officer 
Performance Report  (OPR), closing 4 January 1989 and revised PRF 
reflecting  a  "Promote"  recommendation,  be  provided  SSB 
consideration for promotion to the grade  of  lieutenant colonel 
for the CY94 board.  We note subsequent to the CY94 board, the 
applicat  was  successful  in  having  an  OPR,  closing  4 January 
1989, placed in his records.  In addition, based on the addition 
of  the new  information to  his  ROP, a  change  to  the  narrative 
portion of the PRF prepared  for the CY94 board was approved by 
the  senior  rater  and  MLEB  president.  Since  the  applicant  has 
obtained the concurrence of the senior rater and MLEB president 

2 

in regard to the change in the narrative portion of the PRF, we 
believe the revised PRF should be placed in his records. AFPC has 
indicated that if  the Board decides to replace the original PRF 
with  the  revised  PRF, they  have  no  objection  to  the  applicant 
receiving SSB consideration.  In view of this, and based on the 
addition  of  the  OPR,  closing  4  January  1989, after  the  CY94 
board,  we  believe  the  applicant’s corrected  record  should  be 
considered  by  SSB  for  promotion  to  the  grade  of  lieutenant 
colonel for the CY94 board. Therefore, we  recommend his records 
be corrected to the extent indicated below. 

4.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  o r   injustice  to 
warrant  upgrading  the  PRF  prepared  for  the  CY94  board.  The 
applicant contends he should be awarded a  “DP” recommendation on 
the contested PRF based on his corrected Officer Selection Record 
(OSR).  In support of this contention, the applicant has provided 
a  statement  from the  senior rater. However, the  MLEB president 
has  indicated  that  while  there  was  a  technical  error  that  was 
appropriately  corrected, the  substance of  that  clorrection  does 
not justify changing the overall PRF rating to a  \’DP.” We note 
that in accordance’with Air  Force Instruction 36-2401, changing 
the overall recommendation to a \\DP“ requires the concurrence of 
both  the  senior  rater  and  MLEB  president.  Therefore,  in  the 
absence of evidence to the contrary, we find no campelling basis 
to recommend upgrading the PRF. 
5.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant his promotion to the grade of lieutenant colonel by the 
CY94  board.  In this  regard, the  Board  observes  that  officers 
compete for promotion under the whole person concept whereby many 
factors are carefully assessed by selection boards.  An  .officer 
may  be  qualified  for  promotion  but,  in  the  judgment  of  a 
selection board vested with the discretionary authority to make 
the selections, may not be the best qualified of those available 
for the limited number of promotion vacancies.  Therefore, in the 
absence of clear-cut evidence that he would have been a selectee, 
we believe that a duly constituted selection board applying the 
complete promotion criteria is in the most advantageous position 
to render this vital determination, and that its prerogative to 
do so should only be usurped under extraordinary circumstances. 

THE BOARD RECOMMENDS THAT: 

The peztinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that: 

a. The  Promotion Recommendation  Form  (PRF), AF  Form  709, 
prepared for the Calendar Year 1994A Central Lieutenant Colonel 
Board be declared void and removed from his records. 

3 

b. The attached PRF reflecting the last sentence in Section 
IV, Promotion Recommendation, "Absolutely, Positively, Definitely 
Promote!", be filed in his records. 

It  is  further  recommended  that  his  record,  to  include  the 
corrected  PRF,  be  considered  for  promotion  to  the  grade  of 
lieutenant colonel by a Special Selection Board for the Calendar 
Year 1994A Central Lieutenant Colonel Board. 

The following members of the Board considered this application in 
Executive Session on 14 May 1998, under the provisions of AFI 36- 
2602 : 

Ms. Charlene M. Bradley, Panel Chair 
Mr. Terry A. Yonkers, Member 
Dr. Gerald B. Kauvar, Member 
Mr. Phillip E. Horton, Examiner  (without vote) 

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

Exhibit A.  DD Form 149, dated 6 Dec 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPPPEB, dated 23 Dec 97. 
Exhibit D.  Letter, AFPC/DPPP, dated 23 Jan 98. 
Exhibit E.  Letter, AFBCMR, dated 9 Feb 98. 

CHARLENE M. BRADLE 
Panel Chair 

4 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, D. C. 

Office of the Assistant Secretary 

AFBCMR 97-03641 

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 t 
e corrected to show that: 

a.  The Promotion Recommendation Form (PRF), AF Form 709, prepared for 

the Calendar Year 1994A Central Lieutenant Colonel Board be, and hereby is, declared void and 
removed firom his records. 

Recommendation, “Absolutely, Positively, Definitely Promote!”, be filed in his records. 

b.  The attached PRF reflecting the last sentence in Section IV, Promotion 

It is further directed that his record, to include the corrected PRF, ble  considered for 

promotion to the grade of lieutenant colonel by a Special Selection Board fir the Calendar Year 
1994A Central Lieutenant Colonel Board. 

Attachment: 
AF Form 709 

Air Force Review Beads Agency