AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
REC0,RD OF PROCEEDINGS
IN THE MATTER OF:
! ?M4 2 g lggj
.r
DOCKET NUMBER: 98-00579
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. The Promotion Recommendation Form (PRF) , reviewed by the
Calendar Year 1991B (CYglB), Central Colonel Selection Board, be
declared void.
2. A General Officer, with Intercontinental Ballistic Missiles
(ICBM) background, be appointed to render a new CY91 PRF.
3 . If the promotion recommendation on the PRF is IIDefinitely
Promotell , direct a special selection board (SSB) to consider
promotion to the grade of colonel by the CY91B selection board.
APPLICANT CONTENDS THAT:
An inquiry was conducted into llinappropriate information or
proceduresll used to prepare his PRF for the CY91B colonel
selection board. The General Officer designated as the Senior
Rater to review his (applicant's) records did not have the
appropriate background in ICBMs to afford him (applicant) a fair
and unbiased re-look for the CY91B PRF.
In support of his appeal, the applicant submits a letter from the
Commander, Headquarters Air Combat Command (HQ ACC/CC) , dated
30 July 1996, who stated that he finds the original PRF promotion
recommendation and narrative to be valid, a copy of the Senior
Rater's biography and, excerpts from regulations.
Applicant's submission is attached at Exhibit A.
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the
grade of lieutenant colonel.
The applicant filed a similar appeal under AFI 36-2401 which was
returned without action by the Evaluation Report Appeals Board
(ERAB) on 10 June 1997.
Applicant has seven promotion nonselections by the CY91B, CY92A,
CY93A, CY94A, CY95B, CY96B and CY97B Central Colonel Selection
Boards.
Applicant's Officer Effectiveness Report (OER) and Officer
Performance Report (OPR) profile, since promotion to the grade of
lieutenant colonel, is as follows:
PERIOD ENDING
OVERALL EVALUATION
1-1-1
1-1-1
13 Jul 87 (OER)
31 Mar 88
31 Mar 89 (OPR)
31 Mar 90
31 Mar 91
31 Mar 92
31 Dec 92
(No report avail 1 Jan 93 thru 28 Jul 94.
4 Oct 94
4 Oct 95
4 Oct 96
4 Oct 97
Meets Standards
Meets Standards
Meets Standards
Meets Standards
Meets Standards
Education/Training Report
Meets Standards
Meets Standards
Meets Standards
AIR FORCE EVALUATION:
The Chief, Evaluation Programs Branch, HQ AFPC/DPPPE, states that
based on the improprieties at the 55th Wing, Offutt Air Force
Base (AFB), it was inappropriate to have that senior rater
involved in the incident also involved in the re-look. By
appointing the 24th Wing Commander, the Air Combat Command (ACC)
took an unbiased senior rater and tasked him to make a decision
based upon the applicant's record of performance (ROP) .
As
stated in Air Force Regulation 36-10 (AFR 36-10), the governing
regulation at the time of the incident, the senior rater in this
case, General S - - - had access to personal knowledge on the
applicant through the applicant's ROP which clearly fulfills the
requirement and intent of the regulation. He also had access to
the ACC staff, which included experts from all weapons systems.
There would have been no further information available to any
senior rater than that which was found in the applicant's ROP.
General S---'s breadth of experience and other qualifications he
developed en route to becoming a senior officer were adequate
tools to help him determine whether or not an officer has the
potential to serve in the next higher grade.
It is important to note that General S - - - made an initial
assessment of the applicant's record, which was confirmed by the
Commander, Headquarters Air Combat Command (the Management Level
President) , who was another experienced Air Force Senior Rater.
Based on General S--- Is evaluation and the HQ ACC/CC1s
2
concurrence, the applicant received fair and equitable
consideration for possible award of a "Definitely Promote" for
the CY91B Central Colonel Selection Board.
Despite the applicant's interpretation of AFR 36-10 and Air Force
Pamphlet 3 6 - 6 (AFP 36-61, there is no evidence that would warrant
another re-look of the applicant's CY91 PRF. They recommend the
applicant's appeal be denied.
A copy of the Air Force evaluation is attached at Exhibit C.
The Chief, Promotion, Evaluation and Recognition Division, HQ
AFPC/DPPP, states that while the applicant is entitled to his
interpretation of the governing directives, he has not proven any
violation of Air Force policy occurred in regard to the review of
his PRF. AFPC/DPPP concurs with the advisory opinion written by
AFPC/DPPPE and therefore is opposed to the applicant receiving an
additional promotion assessment and subsequent SSB consideration
by the CY91B board.
A copy of the Air Force evaluation is attached at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 May 1998 for review and response. Applicant
responded and states, in summary, that he does not believe there
were any ICBM experts on the ACC staff in 1996 when the PRF
incident was reviewed. Promotion officials go to great lengths
to indicate promotion boards contain a cross-section of general
officers to mirror the promotion-eligible population.
This
allows an individual member not familiar with a particular ROP to
ask the subject matter expert on the board.
A copy of applicant's response, with attachments, is attached at
Exhibit F.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all 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. After
a thorough review of the evidence of record and applicant's
submission, we are not persuaded that the CY91B PRF should be
voided, that this Board direct a new PRF be reaccomplished or
that he should receive consideration for promotion to the grade
3
of colonel by special selection board (SSB) for the CY91B colonel
selection board. His contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force.
It appears that due to the inappropriate method utilized by the
55th Wing, Offutt AFB in preparing the CY91 PRFs, a new Senior
Rater was appointed to review the affected officers' records. We
are not convinced that this Senior Rater could not accurately or
fairly assess the applicant's records. Contrary to applicant's
assertions that this individual did not have the background in
ICBMs to properly assess his record, we note that the new Senior
Rater, in addition to having access to applicant's Record of
Performance, had access to experts from all weapon systems.
Therefore, we find insufficient evidence that any other Senior
Rater would have had further information regarding applicant's
performance. As noted by the AFPC/DPPPE, the new Senior Rater, a
general officer, had the breadth of experience and other
qualifications he developed enroute to becoming a senior officer
which were adequate tools to help him determine whether or not an
officer has the potential to serve in the next higher grade. In
addition, we note that the Management Level President concurred
in the Senior Rater's assessment of applicant. We therefore
agree with the recommendations of the Air Force and adopt the
rationale expressed as the basis for 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.
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 15 December 1998, under the provisions of
AFI 36-2603.
Ms. Martha Maust, Panel Chair
Mr. Frederick R. Beaman 111, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
4
Exhibit A. DD Form 149, dated 18 Feb 98, w/atchs.
Exhibit B. Applicant's Available Officer Selection Record.
Exhibit C. Letter, HQ AFPC/DPPPE, dated 2 Apr 98.
Exhibit D. Letter, HQ AFPC/DPPP, dated 20 Apr 98.
Exhibit E. Letter, AFBCMR, dated 4 May 98.
Exhibit F. Applicant's Letter, dated 25 May 98, w/atchs.
W T H A MAUST/
Panel Chair
5
In summary, no senior rater, no MLRB President, no central selection board, and no -special selection board has ever reviewed his CY90 (1 year BPZ)"records that included the revised CY89 ( 2 year BPZ) PRF. Based on the SRR review of his PO589 PRF and subsequent upgrade, the applicant was considered and not selected for promotion to the grade of lieutenant colonel by SSB for the CY89A Board. Based on upon a senior rater review (SRR) of his previous CY89 (1 5 May 89) lieutenant colonel...
The Promotion Recommendation Form (PRF), reviewed by the Calendar Year 1991 Medical/Dental Corps (CY91 MC/DC) Central Lieutenant Colonel Selection Board, be declared void and replaced with a reaccomplished PRF. AFPC/DPPP does not believe the short time the senior rater was assigned to Air Base had any bearing on the senior rater’s assessment of the applicant’s overall promotion potential Applicant should have received a copy of the CY91 PRF at least 30 days prior to his promotion...
He indicates that the Air Force’s promotion recommendation and promotion board systems operated illegally. Applicant’s complete submission is attached at Exhibit G. _________________________________________________________________ RESUME OF CASE: In an application, dated 30 Jul 96, the applicant requested that his record, to include a Letter of Mitigation attached to the OPR closing 22 Aug 88 and a narrative only PRF, be considered for promotion to the grade of lieutenant colonel by Special...
RESUME OF CASE: On 17 August 1995, the Board considered and approved the applicant's request that his PRF for the P0591B Lieutenant Colonel Selection Board be replaced with a reaccomplished "Promote" PRF and that he be afforded Special Selection Board (SSB) consideration. Applicant is asserting that the Board failed to provide complete relief in its original decision, and that the promotion selection boards that considered his record were not held in compliance with law and...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 94-03771 INDEX CODE: 131.00 COUNSEL: NEIL B. KABATCHNICK HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The Promotion Recommendation (PRF), AF Form 709, prepared for consideration by the CY91B Lieutenant Colonel Board, which convened on 2 Dec 91, be replaced with a reaccomplished PRF containing an Overall Recommendation of...
AF | BCMR | CY1999 | BC-1994-03771
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 94-03771 INDEX CODE: 131.00 COUNSEL: NEIL B. KABATCHNICK HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The Promotion Recommendation (PRF), AF Form 709, prepared for consideration by the CY91B Lieutenant Colonel Board, which convened on 2 Dec 91, be replaced with a reaccomplished PRF containing an Overall Recommendation of...
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinions and indicated that his senior rater provided a statement indicating the original PRF was in error and subsequently needed to be replaced with a new PRF correcting all the errors. He requests that the Board order the replacement of his original PRF with the reaccomplished PRF, as supported by his former senior rater and MLR president; and, direct promotion to lieutenant colonel as if selected by the CY96...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03265 INDEX CODE: 131 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS: Special Selection Board (SSB) consideration for the Calendar Year 1998B (CY98B) Central Major Selection Board which convened on 6 Apr 98. The senior rater is provided a separate notice to prepare the PRF. A complete copy of their evaluation is...
The applicant further states that the ROE prescribed within Air Force Instructions (AFIs) were violated during the completion of his OPR and PRF. The applicant states that to change an overall rating on a PRF to “Definitely Promote” (DP) requires concurrence of both the senior rater and MLR president. The applicant reiterates that he has the concurrence of his senior rater with a new PRF and a “DP” promotion recommendation.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03569 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY96A (4 Mar 96) Major Selection Board (P0496A), with inclusion of the corrected Promotion Recommendation Form (PRF) provided; the citations...