AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-02115 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

He  b e   c o n s i d e r e d   for promotior:  zc. +-he g r a d e   of  Major  by  S p e c i a l  
S e l e c t i o n   Board  (SSB) for  the  2aaleridar  Year  1998  ( Z Y 9 8 B )   Major 
Board. 

APPLICANT CONTENDS THAT: 

His  declination  of  his  promotion  package  was  unjustly  held  up 
during a volley of policy changes which delayed his removal from 
the promotion  list and  he  was  Tmable  to meet  his  second major's 
board in April 1998.  He believes these circumstances warrant his 
consideration on the next available board. 

In support of the appeal, applicant submits a personal statement, 
Message dated 13 February 1998 and 31 March 1998. 

Applicant's complete submission is attached at Exhihit A. 

STATEMENT OF FACTS: 

The applicant is currently serving on extended active duty in the 
grade of captain. 

Applicant was considered and selected for promotion  to the grade 
of major by  the  CY97C Selection Board which  convened on 16 June 
1997 

On 21 October 1997, applicant declined promotion to major. 

On 17 March  1998, applicant I  s commander initiated removal action. 
for  failure  to  withdraw  his  declination  statement  within  the 
required four month time frame. 

On 14 July 1998, Secretary of  the Air Force directed applicant's 
name be removed from the CY97C major  promotion l i s t .  

98-02115 

On 6 April  1998, the CY98 Major Board convened and applicant was 
not  eligible  to  meet  this  board. 
He  was  still  considered  a 
select off of the CY97C selection board. 

OPR  profile since 1992 follows: 

PERIOD ENDING 

EVALUATION OF POTENTIAL 

29 Jul 92 
29 Jul 93 
16 Feb 94 
16 Feb 95 
8 Oct 95 
26 Apr 96 
26 Apr 97 
31 Dec 97 
2 Jul 98 

Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Training Report 
Meets Standards 
Meets Standards 
Meets Standards 

AIR FORCE EVALUATION: 

The  Chief, Officer  Promotion  &  Appointment  Section, Directorate 
of  Personnel  Program  Management,  HQ  AFPC/DPPPO,  reviewed  this 
application  and  states  per  AFI  36-2501,  Officer  Promotions  and 
Selective  Continuation, paragraph  3 . 1 7 ,  an officer who  fails  to 
withdraw a declination statement and accept promotion after four 
months  from  the  date  the declination statement was  signed, will 
be  removed  from  the  promotion  list. 
Failure  to  withdraw  a 
declination  within  the  allotted  time  constitutes  presumptive 
evidence of  the diminution of the officer's future potential and 
a  lack  of  professional  qualification  for his  or her  advancement 
and  constitutes  a  basis  f o r   removal  action.  Applicant's four 
month waiting period ended 21 February 1998. 

Officers removed from a promotiori  l i s t ,   will  again be  considered 
for promotion  to the next  higher grade, provided they  are  still 
on active duty and remain eligible as the approved removal action 
constitutes a nonselection. 

From  the  period  October  1997  through  March  1998,  all  removal 
actions based on declination were placed on hold.  This was based 
on a pending policy change being worked at  the Air Staff.  On 13 
February 1998, Sec AF and AF/CC approved a return to the previous 
declination policy, L e . ,   officers will no longer be removed from 
a promotion  list  based  solely  on declining  a promotion.  On  31 
March 1998, it was announced that officers who declmed promotion 
prior to t h e   13 February 1998 policy change would  fall under the 
old  r u l e s   and  could  therefore be  removed  from a promotion  list. 
Based on applicant's date  of  declination, he  fell under  the old 
rules. 

98-02115 

The  applicant  was  ineligible  to  meet  the  CY98B  Central  Major 
Selection  Board  which  convened  on  6  April  1998  as  applicant's 
name had not  been removed from CY97C board.  To be eligible, the 
applicant must  have  been removed from the  list by  5 April  1998. 
SSBs are convened  to consider officers when they did  not  meet  a 
board  or  were  improperly  considered  by  one  or  more  central 
selection boards.  In order to meet a SSB for a central selection 
board, you  must have been eligible as of the board convening date 
to meet  that board.  Applicant was not eligible to meet the board 
and  is  therefore,  not  eligible  for  supplemental  consideration. 
Pursuant to  10 U.S.C. 619(d) (l), an officer who  is selected  for 
promotion, and whose name has been recommended for removal from a 
promotion  list  but  whose  promotion  removal  has  not  yet  been 
effected,  is not  eligible  to be  considered for promotion  to  the 
next  higher  grade  by  a  selection  board  convened  under  Section 
611(a) or  Title  10.  Once  that  officer  is  remcved  from  the 
promotiori  list,  he  or  she  then  Itcontinues to  be  eligible  for 
consideration  for promotion".  10 U.S.C. 629(c) (1).  Therefore, 
they recommend denial of applicant's request. 

A  complete  copy  of  the  Air  Force  eval.uation is  attached  at 
Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The  applicant  reviewed  the Air  Force evaluation and  states that 
he  request  his  case  be  dismissed  on  the  grounds  that  the 
14 September 1998 SSB has already convened.  Late notification is 
due to a no-notice  temporary duty  (TDY). He physically  received 
the  package  from  SAF/MIBR  on  23  September  1998  after  returning 
from  TDY.  Mail  from  his  overseas  location  averages  about  two 
weeks to get stateside 

Applicant's complete response is attached at Exhibit: E. 

THE BOARD CONCLUDES  THAT: 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 

2.  The application was timely filed. 

I 

3 
Insufficient  relevant  evidence  has  been  presentec  to 
demonstrate the existence of  probable  error  or  inlustice.  After 
reviewing the  evidence  of  record, we  are  not  persuaded  that  the 
applicant h a s   been  the victirr  of  either error or  injustice.  The 
detaled  comments  provided  by  the  Air  Force  adequately  address 
applicant's  contentions  and  we  are  in  agreement  with  the  Air 
Force's  comments and recommendation.  In view of the above a n d   i n  

98-02115 

3n this application. 

the  absence  of  evidence  to  t h e   contrary, we  find  no  basis  upon 
which  to recommend  favorable zc:ion 
Based 
on policy  changes, all removal  i ; c t i o n s   based  on declination were 
placed  on  hold  from  October  1997  through  Marcn  1998. 
On 
13 February 1998, Secretary of the Air  Force approved z1  return to 
the previous declination policy, i.e., officers will- no longer be 
removed  from  a  promotion  list  based  solely  on  declining  a 
promotion.  It was announced  on  31 March  1998, that  officers who 
deciined  promotion  prior  tc  the  13  February  1998  policy  change 
would  fall  under  the  old  rules  and  could  therefore  be  removed 
from a promotion list.  Applicant  fell under the old rules based 
on his date of declination.  Applicant was ineligible to meet the 
CY98B Major Board, because his name had not been renoved from the 
C Y 9 7 C   Major Board.  Therefore, ir- the absence of evidence to the 
contrary, we  f i n d   no  compelling  basis  to  recommenc granting  the 
relief sought in this applicatic,n. 

THE BOARE DETERMINES THAT : 
The  applicant  be  notified  that  t,he  evidence  presented  did  not 
demonstrate  the  existence  31  probable  material  error  ax- 
injustice;  that  the  applicaticrL was  denied  without  a  personai 
appearance;  and  that  the  applxation  will  only  be  reconsidered 
upon  the  submission  of  newly  discovered  relevant  evidence  not 
considered with this appl icatio:. . 

The following members of the Board considered this application in 
Executive  Session  on  1 7   December  1998,  under  the  provisions  of 
A F I  

36-2603: 

Mr. Vaughn E. S c n l i L r z ,   Panel :hair 
Mr. Loren S. Perlsteir,, Member 
Mr. Kenneth L. Reinertson, Member 

The 

following 

documentary evidence was considered: 

Exhibit 
Exhibi. t 
Exhibit 
Exhibit 
Exhibit 

A. 
B. 
C. 
D. 
E. 

DD Form 149, dated 16 July 1998, w/atxhs. 
Applicant's Master Personnel Records. 
Letter, HQ AFPC/DPPPC, dated 17 August  1998. 
Letter, SAF/MIBR, dated 31 August  1998. 
Applicant's  Response, dated 25 September i998. 

VAUGHN/ E. SCHLUNZ 
Panel Chair 

4