RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03151
INDEX CODE: 111
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Education/Training Report, AF Form 475, dated 3 November 1987, be
voided and removed from his records.
Or, in the alternative, the AF Form 475 be changed in Section II, Item
4. To reflect: “Student eliminated because of proficiency deficiency”
vice “Student eliminated because of academic/proficiency deficiency.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told by the school at the time, and to this date, that this
would not affect his career and ability to be promoted. He has since
found that it has greatly impacted his consideration for and failure
to secure training at the Air Force Institute of Technology (AFIT) and
for selection as a Regular officer. Applicant states there was never
an academic test of any kind. There can be no assessment of academic
deficiency where no exam was given.
Applicant’s submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
captain.
Applicant was considered but not selected for promotion to the grade
of major by the Calendar Year 1998B (CY98B) (1 Jun 98) Central Major
Selection Board.
Applicant previously submitted a similar application under AFI 36-
2401. The Evaluation Report Appeal Board (ERAB) was not convinced by
the applicant’s documentation and denied the appeal on 22 January
1998.
Applicant’s Officer Performance Report (OPR) profile, since promotion
to the grade of captain, is as follows:
PERIOD ENDING OVERALL EVALUATION
* 2 Nov 87 Education/Training Report
2 Aug 91 Meets Standards
14 Jul 92 Meets Standards
14 Jul 93 Meets Standards
14 Jul 94 Meets Standards
14 Jul 95 Meets Standards
14 Jul 96 Meets Standards
# 14 Jul 97 Meets Standards
14 Jul 98 Meets Standards
28 Feb 99 Meets Standards
* Contested report
# Top report at time of nonselection to the grade of major by
CY98B Central Major Selection Board
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, states that the
Training Manager at 335 TCHTS/TTOT indicates that from the time the
applicant was eliminated from training, the elimination procedure has
been changed to truly reflect a proficiency elimination. The key is
that the Training Report (TR) was prepared during the time the ATC
procedures were in effect. These procedures applied to all officers
eliminated for similar reasons which would indicate the applicant was
treated no differently from his peers. To do otherwise retroactively
would be unfair to those same officers who were also eliminated for
the same reason as the applicant. Applicant’s perception that the
contested TR has damaged his career opportunities is not a valid basis
for revision or removal of the report. AFPC/DPPPA is not convinced
the contested TR was a factor in the applicant’s nonselection for
promotion. They recommend the applicant’s request be denied.
A copy of the Air Force evaluation, with attachment, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 December 1998 for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 contested Education/Training Report should be
voided and removed from his records or, that the report be changed in
Section II, Item 4, to reflect “Student eliminated because of
proficiency deficiency.” His contentions are duly noted; however, we
do not find these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. 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 27 July 1999, under the provisions of AFI 36-
2603.
Mr. Oscar A. Goldfarb, Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Charlie E. Williams Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Nov 98, w/atchs.
Exhibit B. Applicant's Officer Selection Record.
Exhibit C. Letter, HQ AFPC/DPPPA, dated 11 Dec 98, w/atch.
Exhibit D. Letter, AFBCMR, dated 28 Dec 98.
OSCAR A. GOLDFARB
Panel Chair
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