RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02669
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be reviewed by the Board of Civilians, the Air Force Board
for Correction of Military Records (AFBCMR), and that his records be
compared with the records of the individuals that were promoted and
the criteria set for promotion by the CY 1996A Central Lieutenant
Colonel Selection Board, which convened on 8 Jul 96.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been unjustly treated, in that his records did not get proper
consideration by the CY96A (P0596A) Central Lieutenant Colonel
Selection Board, which convened on 8 Jul 96, or the P0596A Special
Selection Board (SSB) held in 1997.
In support of his appeal, the applicant provided a personal statement,
and copies of previous applications requesting correction to his
records and an SSB, with supporting documentation.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that grade on 1 Apr 92. His Total
Active Federal Military Service Date (TAFMSD) is 19 Feb 80. His
OER/OPR profile since 1988 follows:
PERIOD ENDING EVALUATION
12 May 88 1-1-1
19 Apr 89 Meets Standards
19 Apr 90 Meets Standards
19 Apr 91 Meets Standards
12 Apr 92 Meets Standards
31 Oct 92 Meets Standards
24 Mar 93 Meets Standards
24 Mar 94 Meets Standards
24 Mar 95 Meets Standards
# 24 Mar 96 Meets Standards
## 24 Mar 97 Meets Standards
### 24 Mar 98 Meets Standards
# Top Report - CY96A (8 Jul 96) Lt Col Board.
## Top Report - CY97C (21 Jul 97) Lt Col Board.
### Top Report - CY98B (1 Jun 98) Lt Col Board.
Available documentation indicates that, on 10 Oct 96, the applicant
requested that his records be corrected by amending his assignment
history to show his assigned organization as Support Group, rather
than Mission Support Squadron. His request was corrected
administratively.
On 16 Dec 96, the applicant requested that he be given SSB
consideration by the CY96A Lieutenant Colonel Board as a result of his
corrected record.
On 19 May 97, the applicant was considered for promotion to the grade
of lieutenant colonel by an SSB for the CY96A Lieutenant Colonel
Board. He was not selected.
_________________________________________________________________
AIR FORCE EVALUATION:
The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application and
recommended denial. DPPPA indicated that the applicant did not
believe he received fair and impartial consideration for promotion to
the grade of lieutenant colonel by the P0596A Board or an SSB. He
contended that he had an outstanding record in comparison to other
officers who were selected for promotion and was doubtful that anyone
actually ever considered his record for promotion. The applicant did
not identify any specific error in his record. He simply requested
the Board review his records and correct any error they may find that
may have precluded him from receiving proper consideration. Since the
Board is not an investigative body, it is the applicant’s
responsibility to identify an error and then provide convincing
documentation to the Board to justify or prove why he should receive
promotion reconsideration. The applicant has not done so in this
instance.
Although not specifically requested, DPPPA addressed the issue of
direct promotion. In their view, insufficient relevant evidence has
been presented demonstrate the existence of probable error or
injustice in regard to a direct promotion to the grade of lieutenant
colonel. An officer may be qualified for promotion, but in the
judgment of a selection board—vested with discretionary authority to
make the selections—he may not be the best qualified of those
available for the limited number of promotion vacancies. Absent clear-
cut evidence the applicant would have been selected by the P0596A
board, DPPPA believes a duly constituted board applying the complete
promotion criteria is in the most advantageous position to render this
vital determination. The board’s prerogative to do so should not be
usurped except under extraordinary circumstances. Further, to grant a
direct promotion would be unfair to all other officers who have
extremely competitive records and also did not get promoted. Other
than his own opinions, the applicant has provided no substantiation
for his allegations. The burden of proof is on him.
DPPPA stated that both Congress and the Department of Defense have
made clear their intent that errors ultimately affecting promotion
should be resolved through the use of SSBs. Air Force policy mirrors
that position. Where many good officers are competing for a limited
number of promotions, only the best officers can be promoted. DPPPA
believes that sending cases to SSBs is the fairest and best practice.
The applicant has provided nothing to prove his record was erroneous
when he was considered for promotion to the grade of lieutenant
colonel by the P0596A board. They do not believe that he should be
directly promoted simply because he believes he should have been
selected for promotion. Accordingly, do not support direct promotion
in this case.
A complete copy of the DPPPA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 Nov
98 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting any corrective
action. In this respect, we note that officers compete for promotion
under the whole person concept whereby many factors are carefully
assessed by selection boards. In addition, an officer may be
qualified, but in the judgment of a selection board--vested with
discretionary authority to make the selections--may not be the best
qualified of those available for the limited number of promotion
vacancies. No evidence has been presented which would lead us to
believe that the applicant’s record was in error when he was
considered and nonselected for promotion to the grade of lieutenant
colonel by the duly constituted SSB. In view of the above, and in the
absence of clear-cut evidence indicating that the applicant’s
corrected record was erroneous or misleading, thereby depriving the
SSB of the ability to make a reasonable determination concerning his
promotability, we have no basis to favorably consider this
application.
_________________________________________________________________
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 1 Apr 99, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Philip Sheuerman, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Sep 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPA, dated 15 Oct 98.
Exhibit D. Letter, SAF/MIBR, dated 9 Nov 98.
VAUGHN E. SCHLUNZ
Panel Chair
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