A I R FORCE BOARD FOR CORRECTION O F MILITARY RECORDS
RECORD OF PZOCEEDINGS
I N THE MATTER O F :
DGCKET NUMBER:
9 8 - 0 1 2 4 1
COUNSEL:
NONE
HEARING D E S I R E D : NO
APPLICANT REOUESTS THAT:
His assignment
be canceled.
APPLICANT CONTENDS T H A T :
His follow-on assignment from Air War College (AWC)
as a Flight Surgeon is well below his qualification and is an act
of reprisal -
The applicant states that he is an Aerospace Medicine (physician)
specialist. He completed the Residency in Aerospace Medicine
(RAM) in 1990, and he is board-certified in this specialty. His
entire operational career in the A i r Force has been spent working
in this area of specialty.
The applicant notes that on 23 November 1996, the Medical Service
Corps Education Board non-selecte~ him f o r Senior Service School
(SSS! in-residence. He appealed the decision to the AFBCMR and
subsequently, A F P C was directed t o award him an SSS quota f o r in-
residence attendance in 1997.
As a result of the AFBCMR's
ruling, AFPC/CC questioned h i s selection for attendance at AWC
versus the AFBCMR directing recompetition by a supplemental
school's board. He asked--
at AFPC/DPAMS which of the 3
S S S s he would attend and was verbally threatened with reprisal
should he appeal further to the AFBCMR to request a quota for
N a t i o n a l Defense University ( N D U ) versus AWC at Maxwell A F B .
ed a memo
supervisor ,
of the conversation.
capable of s u c h cond
ersation w i t h his rat
handled
his
who
promot ion appeal.
e received a copy of a memorandum to S A F / M I B R from
O f f i c e of the Surgeon General ( A F / S C ) , which
clearly was intended to discredit his
eligibility and
qualifications for- SSS. He notes that in the last paragraph of
earlier
the memorandum it stated, rrapplicant's record w a s not selected by
the supplemental b o a r d .
He has not completed any l e v e l of
P r o f e s s i o n a l Mill tary E d u c a t i o n . "
First, he was never entered
into a supplemental board as it was only going to board colonels
and he had a directed quota from AFBCMR. Second, the issue of no
prior Professional Military Education @ME) is irrelevant since
it is not a criteria for S S S selection.
Third, and most
violated his privacy by
important,
disclosing details of his appeal to AF/SG. They further violated
the spirit of the AFBCMR's intent to correct his military records
to show that he was considered and selected for SSS on the first
selection board held. While they may have needed to inform AF/SG
that he was going to SSS, it was a g r o s s miscarriage of justice
to expose the details of his appeal, or for them to interject
their opinion of his "worthiness' to attend SSS.
or
The applicant states that he was given an SSS quota for AWC at
Maxwell AFB. It was clear there was some manner of defiance and
consternation in the medical community over the AFBCMR's decision
to grant him a SSS quota outright. He notes that he has done
well in AWC at Maxwell and will graduate 1 June 1998. He is now
appealing to the AFBCMR, because he was given a 4-hour notice
that he would be placed on assignment since he had not been
selected for any Squadron Commander j o b s he had volunteered for.
He has been assigned as a
which is
well below his qualificationfosition
on
two previous assignments as a major. Furthermore, this job will
not utilize his medical expertise nor is it commensurate with his
AWC attendance. There is no benefit here for the Air Force.
This will definitely send a message to the c o l o n e l promotion
board (which he meets BPZ in November 1 9 9 8 ) that he is going
nowhere in his career development.
This w l l l significantly
affect his competitiveness in all of his future promotion boards,
and all future jobs. This negates the value of having attended
SSS in-residence and defies his performance r e c c r d .
The applicant states that in September 1997, an assignment team
from AFPC, came to AWC to brief them on how they were going to
"hand massage" all of their assignments and have them assigned by
February 1998.
T h e message was that they were of special
significance to the Air Force because they were in the top 10%
of officers and clearly "marked" for senior leadership. He felt
confident that he would have n3 trouble qualifying or being
placed into a challenging leadership position upor, graduation.
They also provided time slots allocated to discussing assignments
with each resource manager one -on-one. When he tried to sign-up,
the roster was full and he was unable to meet his assignments
officer Face-to-face; however he does not believe t h i s impacted
the current situation.
.
On 27 October 1997, he received the Following messaze from AFPC,
I r C o o r d i n a ti 011 w_l: th
If you
w i l l P r o c e e d for- a 98 j o b .
3
L,
which w i l l then set you up f o r a qroup command a f t e l - you pin on
06 (Colonel) . T h a n k s . ".
On 12 January 1998, all t h e rredical corps students at AWC
received a notification from the assignments branch at AFPC.
Clearly he was identified to be assigned as a squadron commander.
He replied on 26 January 1998, opening a dialogue that reflected
his intent and preferences. On 6 February 1998, he e-mailed AFPC
assignments personnel asking for a clarification on the
assignment process for him. They promptly replied on 6 and 7
February 1998. From January 1998 to the present, a litany of
communiques have occurred becween himself, AFPC, and the RAM
assignments advisor to AFPC.
He would beg the Board's indulgence to read the "pink slip"
marked messages. This will clearly demonstrate his endeavor to
communicate his preferences based on experience, expertise and
expectations he would believe the Air Force would have of someone
graduating f r o m AWC. Clearly, he has done the best he could to
avail himself to a fitting, challenging Aerospace Medicine
Squadron (AMDS) or Aerospace Medicine/Dental Squadron (ADOS)
Commander position. One could argue he failed to aggressively
volunteer f o r all available positions advertised, (Commander jobs
or any other Medical j o b s ) , but it was his understanding that
this was a voluntary process and he should look at j o b
progression. In point of fact, he is the only lieutenant colonel
aerospace medicine specialist at any SSS in residence.
It is his deduction that relatively little energy has been
expended by the medical assignments personnel to " s e l l " him to
the Air Force community as a top contender. He has come to find
out from AFPC/DPAI that it is hcumbent upon him to "sell himself
to Wing Commanders and that it is both his qualifications and
reputation that determine his selection as a squadron commander.
If there is anything derogaLory about his reputation, ne would
contend that the most likely source was from
inappropriate action of reporting details of his AFBCMR appeal to
AF/SG and the letter sent to SAF/MIBR on 15 April 1597. He
believes that he "poisoned the well" and has gotten the medical
assignments people to make good on his threat of "You may win the
battle (go to SSS) but lose t h e wax- (a good assignment) . " Other
than that, he has no reason to think that he has less than a
superior reputation
The applicant finds it unfathomable that he has riot received,
what he con
positions at
particularly
said t h e s e w e r e t h e type of jobs he should volunteer
for. He has availed himself to these aforementioned assignments
quite commensurate w i t h his skills and experience.
He volunteered for t h e
numerous messages f rorn
position. He received
G and personally spoke
3
as well as
with the incumbent
e would be an
dialoguing with AFPC.
excellent match for the j o b .
Then as time went by, allegedly,
the Wing Commander preferred a colmel (Dentist) to take command
in order to avoid a rank inversion situation as there was
allegedly a colonel working in Gentistry. Rank inversion, he
believes, is not a significant issue in the Medical Services
3
he was a captain and had a
t h e same j o b capacity at
he was a new major and had a lieutenant
erving a
s
colonel and a colonel working f o r kim.
There were no problems.
Squadron Commander , as
He also competed for
is a lieutenant colonel
did 19 other people.
Optometrist, two years junior In rank to him, and no SSS in-
esently an AMDS Squadron Commander
residence. F u r t h e
at
since
He doesn't need a second command
posit ion.
He also volunteered for Squadron Commander at
but
that job went to a flight surgeon who had been assigned there
previous to his current assignment at
Attempting to remain objective, and with 4 weeks before SSS
graduation, he appeals to the AFBCMR to intervene into his
assignment process because it appears certain that he is being
"aimed1' in the wrong direction.
- and-
The applicant states that he has tc: address the issue of reprisal
that began with his selection f o r SSS. The personnel involved
have since PCS'd. However, they
then,
worked in the same directorate 2s the current medical assignment
personnel and may have been in a pssition to "flag" his record as
a "trouble-maker" because of his appeal to the BCMR
f o r SSS
attendance. Add to this, the " f l a r e " that was sent to AF/SG and
a reply from same to SAF/MIBR ana him, highlighted him as a
"problem person. His current dilemma, and the association of
previous and current medical personnel at AFPC, seem
unquestionably related.
He trusted the assignment systern t o place him in a position
commensurate with his abilities arid AWC attendance. When he
received the initial reprisal threats from -,
the
AFBCMR was made aware of the situation. They became concerned
also f o r his %xxvival" aft.er AWC and asked to be kept apprised
of his assignment outcome. Since he has been assigned to a
position (Flight Surgeon) of lesser responsibility than SSS
graduation would have normally called for, he implores the AFBCMR
to review his assignment selection and intervene to correct this
error. He is not asking for a specific job, or even a Commander
position, even though the medical assignments people have s t a t e d
that would be his logical j o b progression. He only asks t h e
AFBCMR t o ensure he is not victimized by this reprisal and g r a n t
4
him a follow-on assignment from A K that w i l l best use his skills
and benefit from h i s SSS attendanc?.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the
grade of lieutenant colonel.
On 21 February 1997, applicant submitted an application to the
Board requesting that he be awarded an SSS quota f o r 1997. After
reviewing the evidence submitted, the Board found that
applicant's record, when considered by the PME Selection Board in
November 1996, reflected that he was selected f o r promotion to
the grade of lieutenant colonel above-the-promotion-zone which
placed him at a distinct disadvantage. As a result of his
selection for promotion to lieutenant col.one1 by a Special
Selection Board (SSB), he was, in fact, selected in-the-
promotion-zone. In addition, the Board found that his latest
Officer Performance Report ( O P R ) was not a matter of record when
considered for PME selection. The Board concluded that had the
applicant's records been correct at the time he was considered by
the PME selection board in 1995, he would have been selected for
SSS.
Applicant completed Air War Coliese (AWC) in June 1998 and has
Applicant completed Air War College (AWC) in June 1998 and has
assignment orders to the
assignment orders to the
with a reportin
with a reportin
AIR FORCE EVALUATION:
The Chief , Medical Service Off i e ? i - , AFPC/DPAM, reviewed this
application and states the f o l l o w i c g :
a . The applicant contends that based on the interactions he
had with personnel assigned to AFFC'DPAM he has been flagged as R
troublemaker. However, AFPC/DPAM 1s not aware of any reprisal
activities which the applicant alleges took place. No one in
AFPC/DPAM was influenced by prio:- issues associated with the
applicant. T h e issue of a prior EZMR was unknown to-
xiti1 the applicant filed his appeal. In the Fall of 1997, e
with
visited AFP
-of
was f o l l o w i n g
about the applicari
and
ed in an
11:s future assignment progress b e c a
incident that might make him subje
did not
elaborate, and neither
ledge of
At no time during the assignment
his prior AFBCMR appeal.
selection process for the applicar,: were any of t h e individuals
AFPC/-
5
--
named by him contacted for information concerning his projected
assignment Nei
- - ,
0
attempts v,Tere made to promote the applicant into the jobs he was
seeking.
tneir opinion.
solicited
I cir
~
b. T h e applicant contends the position is well below his
qualifications since he has held t h e same position on t w o
previous assignments as a major, the job will not utilize his
medical expertise, and is not commensurate with his AWC
attendance. In this regard, AFPC/DPAM notes that the Officer
Assignment System (OAS) is based upon members volunteering for
advertised positions and being selected by the hiring authority.
AFPC advertises positions and provides lists of qualified and
eligible candidates to hiring authorities f o r selection. AFPC
also brokers with hiring authorities when members must move and
have not secured a job. Occasionally, AFPC assigns officers in
conjunction with mission requirements when there is no volunteer.
This is done with the officer I s proper professional development
in mind. AFPC/DPAM is n o t the hiring authority except f o r t h e
In the applicant's case, he
f e w officers assigned to A F P C / D P W .
volunteered for five assignments, inciuding two aerospace
medicine squadron commander assignments. He was not selected by
the hiring authority f o r all five of those assignments. His name
to j o b ads f o r two medical
was also added by
operations squadrons
ad f o r an aerospace medicine
squadron. However, based on his stated desire to remain in
aerospace medicine-related positions,
withdrew his
name from the two medical operatims squadron ads. A hiring
decision is still pending on the aer-ospace medicine squadron, and
the applicant is one of a number of highly qualified volunteers.
assignment changing his duty title, position number, sauadron.
' th clarifications by
Utilization of the applicant's medical expertise will be in his
new position as Chief of Aerospace Medicine. The applicant is
residency ti-ained in aerospace medicine, and he will
residency trained Flight Surgeon assigned to the
Clearly, his assignment as the F1 ight Cgrnmandei- of Aerospace
Medicine is commensurate with his grade, expertise, and training
and matches requirements of the job.
The applicant's AWC attendance as a lunior lieutenant colonel was
nce. The applicant: s physician
an aberration
ammmw -'
e Usually, senior lieutenant colonels, or more frequently
classmates are
colonels, are selected for attendance. Elis attendance in a
and
I
'
6
junior grade makes him ineligible for the jobs his classmates
were considered for, but should reflect favorably in his Master
Personnel File for future opportunities and promotion. He will
be able to app1.y his AWC experience to this position as he would
any other position of leadership.
AFPC/DPAM cannot grant the applicant's request to be assigned as
an overage to the School of Aerospace Medicine at -as
an academic instructor f o r several reasons. There is a shortage
of 73 flight surgeons this year. Assignment of an overage would
not be effective utilization of resources. Secondly, AFPC has
not received a request from the school to fill any vacancy which
alify to fill. Thirdly, there is a valid
hich needs to be filled. And fourth,
Sending in a overage would not assist the
organization in personnel reductions.
The applicant believes the projected assignment will negatively
impact future promotion opportunities. However, the applicant's
assignment as a lieutenant colonel Flight Commander is not
unusual. The Air Force has a total of 68 lieutenant colonel
authorizations f o r Air Force Specialty Code 48A (Residency in
Aerospace Medicine), excluding squadron commander billets and an
additional 19 commander, AFSC 48A, slots. There are a total of
68 lieutenant colonel, AFSC 48A, and an additional 18 lieutenant
colonel, AFSC 48A, in training. Of the 6 G lieutenant colonel,
AFSC 48A, in the inventory, 24 are squadron commanders and 7 are
flight commanders. T h e 37 remaining are employed in a variety of
jobs other than commanders and most are clinical positions.
Additionally, promotion opportunities are based on the whole
person concept which would encompass, but not be limited to, the
member's entire career, board certifications, performance
reports, decorations ,
promotion
recommendation of the senior rater.
accomplishment, arid
PME
AFPC/DPAM states that the applicant should take the position with
the knowledge that he is going to the best. job that he was
selected f o r by the hiring authority.
By impressing his
commander with his new talents, he will build on his career
record and enhance his competitiveness for jobs of increasing
responsibility. Reprisal was never in t h e minds of AFPC/DPAM
personnel while working the applicant's assignment.
A complete copy of t h e evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation ana states that there
are many inaccuracies and exclusion of germane items of vital
importance. He states that he is a specialist in the area of
aerospace medicine and he is very farriliai- with career
development and appropi-iateness c € assignments.
He still
7
AFB Inspector General (IG) -
contends that he is a victim of reprisal by personnel at AFPC
medical assignments.
He states that although they deny the
allegation, the elements that comprise a reprisal complaint have
The
onf irmed by the
AFB IG report
en Torwarded to the Air Force IG
and is expected to require several months to process due
to a back log. He contends that although the former personnel in
medical assignments were not logically solicited; he states that
it is more likely that the incumbent personnel had apprised his
successors of his case before he left AFPC to go to his new
assignment. He further states that he would not expect these
personnel to admit to this illegal activity. That is for an IG
to investigate. Nonetheless, the ingredients for reprisal are
all present.
It begins with a threat and ends with an
unfavorable personnel action. In reference to AFPC stating that
the OAS is based upon members volunteering for advertised
positions and being selected by the hiring authority, he states
that his analysis of this operation is a capriclous “good old
boy” system that allows AFPC to abandon personnel to the mercy of
luck, or if they decide otherwise, they intervene on a person’s
behalf to get them placed into an appropriate j o b .
He has seen
no evidence of AFPC brokering on his behalf. He states that he
has been in a must-move position since being assigned to AWC in
August of 1997. AFPC personnei came to AWC and assured them they
would get them appropriate jobs because they were to be placed
ahead of those individuals n o t in attendance at AWC.
In
reference to the statement that he volunteered for five
assignments, he states that he volunteered fo
volunteer to be
He was given a fo
to pick an assignment by close of business with the understanding
that when he was selected for a squadron commander’s job, that
what he agreed to then would become null and void. During a
from AFPC, he was asked f o r a
telephone conversatioc with a
geographical preference and replied,
That is h o w he
became a volunteer for the nan-squadron commander‘s job. He
states that he was s e n t an urgent e-mail message, stating that
they had made a mistake about the
job. He was told that
he would not be the Chief of Aeromedical Services after all.
Instead, he would be Flight Commander. He was given a different
position number, but tile gist is that it is the same j o b as Chief
of Aerospace Medicine, just 3 fancier title w i t h the word
commander salted into it. EE states that a flight commander is
the same thing a s Chief of Aeromedical Services. L t is the same
job that is well beneath his qualifications and experience. He
states that this is mere s e m a n t i c s and even AFPC proves that bv
at he voyunteered for
and saying it’s the sa
states that these semantics are canparable to z janitor being
called a sanitation erigineer. He states that this act alone is
convincing ,evidence that t h e medical assignments personnel at
AFPC have not done t h e i r job i r i placing him into command nor does
he have any reason to uelieve t h e y w i l l
As far as he knows,
is s t i l l open w i t h
the AMDS Squadron Corc7nander ~
at-
1
0
~
8
numerous candidates. He respectfully requests the Board consider
placing him into the job before some else is chosen and there are
no options. He believes a quick placement as AMDS Squadron
will challenge him sufficiently and he
Commander at
will serve the Air Force well.
”
Applicant’s complete response is atcached at Exhibit E.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3 . Insufficient relevant evidence has been presented to
demonstrate t h e existence of probable error or injustice. After
thoroughly reviewing the evidence of record and notina the
are not persuaded that the
applicant’s contentions, w e
applicant ’ s assignment t o
s h o u l d be canceled. The
his
applicant believes the assiGnment
qualifications.
However, i.r qpears the applicant’ s medical
expertise will be utilized 11-1 his assignment as the Flight
Commander of Aerospace Medicirie and is commensurate with his
grade, expertise, and training. We note that applicant has filed
an AF/IG complaint and if the results of that investigation
reveal that his assignment was based on anything other that the
needs of the Air Force, k is encouraged to request
reconsideration of his applicatm::. Therefore, in the absence of
evidence to the contrary, we find no basis upon which to
recommend favorable consideration of the relief sought in t h i s
application.
is well below
J
-
~
THE BOARD DETERMINES THAT:
T h e applicant be notified that the evidence presented did riot
demonstrate the existence of probable material error or
injustice; that the application was denied without a personal
appearance; and that t h e application will only be reconsidered
upon the submission of newly discovered relevant evidence not
considered with this applicatio::.
~
-
The following members of the Board considered this application in
Executive Session on 11 June 1998, under the provisions of AFI
3 6 - 2 6 0 3 :
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Robert W. Zook, Member
Ms. Olga M. Crerar, Member
Mr. Phillip E. Horton, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A.
Exhibit B.
Exhibit C.
DD Form 149, dated 28 Apr 98, w/atchs.
Applicant’s Master Personnel Records.
Letters, AFPC/DPAM, dated 21 May & 4 Jun 98,
w/atchs.
Exhibit D. Letter, AFBCMR, dated 8 Jun 98.
Exhibit E. Letter, Applicant, dated 8 Jun 98 P
THOMAS S. ”,*
MARKIEWICZ
’ Parlel Chair
U
10
AF | BCMR | CY2006 | BC-2006-00828
Therefore, it was Professional Military Education (PME) at the right level at the right time, and should have been displayed in the Officer Selection Brief (OSB). A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that he was in the last year group of majors allowed to enroll in Air War College (AWC) via correspondence or seminar. All through his career the Air...
As to the 23 June 1997 duty history entry, the Air Force office of primary responsibility, HQ AFPC/DPPPA, stated that the applicant's letter to the P0597C board president, which explained his then current duty title, was in his Officer Selection Record (0%) when it was considered by the P0597C selection board. The applicant requests two corrections to his duty history. The applicant requests his duty history entry, effective 2 Oct 92, be updated to reflect “Chief, Commodities Section”...
He would like to address the PRF via a letter to the Board president with information on the Residency in Aerospace Medicine. In support of his request, applicant provided his expanded comments, a letter to the CY95A MC/DC Promotion Board President, and documentation associated with the issues in this appeal. If the applicant is approved for SSB consideration, DPPPEB recommended that he meet the board with the original PRF, (Exhibit D) The Chief, Medical Accessions and Personnel Programs,...
AF | BCMR | CY2003 | BC-2003-00763
The evaluation is at Exhibit C. AFPC/DPPPO recommended denial. Applicant appealed to the Board requesting a reaccomplished PRF be placed in her records and she be provided SSB consideration. She provides a letter from her senior rater, and concurred in by the MLR president, attesting to the fact there was an error made on the PRF by not including a statement regarding job and school recommendations.
AF | BCMR | CY2004 | BC-2004-02411
AWC records do not reflect he requested any extensions, which are often given as a result of deployments. As such, the majority of the Board believes he should be given an opportunity to write letters to the president of each board he was considered for promotion to the grade of colonel beginning with the CY02B Colonel Central Selection Board. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02002 INDEX CODE: 131 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of colonel, with a corrected Officer Selection Brief (OSB), by special selection board (SSB) for the Calendar Year 1998A (CY98A) Central Colonel Selection Board. A copy of the Air Force...
AF | BCMR | CY2010 | BC-2010-00813
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00813 COUNSEL: HEARING DESIRED: YES __________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to give him Whistleblower protection; show his graduation from Air War College (AWC); his reinstatement to the New York Air National Guard (NYANG) or comparable posting; promotion to the grade of colonel (O-6) backdated to the...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02334 INDEX NUMBER: 102.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His declination of the opportunity to apply for a Regular Air Force (RegAF) commission, signed by him on 19 December 1998, be voided and that he be afforded the opportunity to apply for a RegAF appointment. His naval commanding...
By letter, dated 19 Nov 01, AFPC/DPPPOC notified the applicant that, in response to his 29 Aug 01 application for correction of his military records, they were granting his request for SSB consideration which will consider his record for the CY98A (9 Nov 98), CY99A (8 Nov 99), and CY00A (6 Nov 00) Central Colonel Selection Boards, to include a correction to his 9 Jan 98 duty history entry and missing AFCM (1OLC) on his OSB for those boards. A complete copy of the DPPPO evaluation is at...