RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03417
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive consideration for promotion to the grade of major, with his
corrected Officer Performance Reports (OPRs), by Special Selection
Board (SSB) for the Calendar Year 1998B (CY98B) Central Major
Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He filed a request to the Evaluation Reports Appeals Board (ERAB) to
have two OPRs, for the periods closing 16 June 1996 and 15 June 1997,
corrected to reflect the correct Duty Air Force Specialty Code (DAFSC)
of “32E3G” vice “32E1G” which were subsequently corrected by the ERAB.
However, this was after his records met the CY98B Major Selection
Board.
Applicant states that he also filed an appeal to the ERAB to correct
the 15 June 1997 OPR in the last line of Section VII, Additional
Rater’s block, to reflect his accomplishment of winning the “100 Air
Refueling Wing Company Grade Officer of the Quarter,” vice the “423
Air Base Squadron Company Grade Officer of the Quarter.” This
statement was also subsequently corrected on the OPR. This correction
was also accomplished after his records met the CY98B Major Selection
Board.
Applicant requested promotion reconsideration to major by special
selection boards (SSBs) at the time he made both requests to the ERAB.
Both requests for SSBs were denied by the ERAB.
Applicant believes that it would not be fair to have his career
prematurely ended because his records were reviewed without all
documents accurately reflecting his accomplishments available to the
promotion board.
Applicant submitted two DD Forms 149. The first to request promotion
consideration to the grade of major, by SSB, because of the DAFSC
correction on the two OPRs and, the second to request promotion
consideration because of the correction in Section VII of the 15 June
1997 OPR.
Applicant’s submission is attached at Exhibits A and A-1.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
major.
Applicant was considered, but not selected, by the CY98B Central Major
Selection Board which convened on 6 April 1998. He was considered and
selected for promotion to the grade of major by the CY99A Central
Major Selection Board.
The applicant filed an appeal for correction of his DAFSC on the two
OPRs closing 15 June 1996 and 15 June 1997, under the provisions of
AFI 36-2401. The Evaluation Reports Appeal Board (ERAB) concurred
with the corrections, but denied the request for promotion
reconsideration by SSB on 20 August 1998.
He also filed an appeal to the ERAB for correction of the 15 June 1997
OPR in Section VII to reflect his wing-level company grade officer of
the quarter award. This correction was accomplished but the ERAB
denied his request for promotion reconsideration by SSB on 1 February
1999.
Applicant’s OPR profile is as follows:
PERIOD ENDING OVERALL EVALUATION
15 Jun 94 Meets Standards
15 Jun 95 Meets Standards
* 15 Jun 96 Meets Standards
# * 15 Jun 97 Meets Standards
15 Jun 98 Meets Standards
## 8 Dec 98 Meets Standards
* Corrected Reports
# Top report at time of nonselection for promotion to the grade
of major by the CY98B Central Major Selection Board
## Top report at time of selection to the grade of major by the
CY99A Central Major Selection Board.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, states that the
applicant does not agree with the ERAB’s decision to deny him
promotion reconsideration. The ERAB stated in their decision that
their authority to grant special selection board (SSB) consideration
is restricted to cases in which the evidence clearly warrants
promotion consideration. The Duty Air Force Specialty Code (DAFSC)
was correct on both the Officer Selection Brief (OSB) and Promotion
Recommendation Form (PRF) reviewed by the CY98B board. Therefore, the
promotion board had accurate information and took this information
into consideration in the selection process. There is no clear
evidence the erroneous DAFSCs negatively impacted his promotion
opportunity. They recommend the applicant’s request for promotion
reconsideration be denied.
A copy of the Air Force evaluation 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
25 January 1999 for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, states that the ERAB
approved the correction to the applicant’s 15 June 1997 OPR to reflect
his wing-level company grade officer of the quarter (CGOQ) award;
however, denied his request for special selection board (SSB)
consideration. Specifically, they denied the request since his wing
CGOQ award was in his promotion recommendation form (PRF), thus
considered by the selection board. The applicant has not provided new
documentary evidence; but rather, he emphasizes the significance of
being selected as the wing CGO of the quarter. The board members
considered his award as it was in his PRF. They recommend denial of
his request for an SSB consideration.
A copy of the additional Air Force evaluation is attached at Exhibit
E.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 28 June 1999 for review and response. However, 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 he should receive consideration for promotion to the
grade of major, with his corrected Officer Performance Reports (OPRs)
and a correction in Section VII of the 15 June 1997 OPR, by Special
Selection Board (SSB) for the Calendar Year 1998B (CY98B) Central
Major Selection Board. 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 note that the contested information was accurately
reflected on the officer selection brief (OSB) and promotion
recommendation form (PRF); therefore, we must presume the selection
board members had the opportunity to consider it during the review.
In view of the foregoing, 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 9 September 1999, under the provisions of AFI 36-
2603.
Mr. David C. Van Gasbeck, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Dec 98, w/atchs.
Exhibit A-1.DD Form 149, dated 7 Apr 99, w/atchs.
Exhibit B. Applicant's Officer Selection Record.
Exhibit C. Letter, HQ AFPC/DPPPA, dated 7 Jan 99.
Exhibit D. Letter, AFBCMR, dated 25 Jan 99.
Exhibit E. Letter, HQ AFPC/DPPPA, dated 11 Jun 99, w/atch.
Exhibit F. Letter, AFBCMR, dated 28 Jun 99.
DAVID C. VAN GASBECK
Panel Chair
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