SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 88-02856
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be promoted to the grade of lieutenant colonel; or, that the AF
Form 77, Supplemental Evaluation Sheet, which replaced two voided
Officer Evaluation Reports (OERs), be altered to inform promotion
boards of the reason for the removal of the reports. If the AF Form
77 is altered, she be considered for promotion to the grade of
lieutenant colonel by a Special Selection Board (SSB).
_________________________________________________________________
RESUME OF CASE:
Pursuant to the applicant’s request, the AFBCMR removed two Officer
Performance Reports (OERs), closing 14 Aug 81 and 19 Dec 87, on 22 Nov
88; and, on 26 Sep 96, amended an Officer Performance Report (OPR),
closing 10 Apr 92, updated her Officer Selection Brief (OSB) and
granted Special Selection Board (SSB) promotion consideration to the
grade of lieutenant colonel for CY94A and CY96 Central Lieutenant
Colonel Selection Boards. An accounting of the facts and
circumstances surrounding the appeals and the Board’s earlier findings
are set forth in the Records of Proceedings, which are attached at
Exhibits H and I.
A similar appeal concerning the applicant’s most recent request was
considered and denied by the Board on 6 Oct 98. The applicant’s
assertion is that she was placed at an unfair disadvantage in the
promotion process when she was considered for promotion to lieutenant
colonel by the absence of the two OERs. A summary of the evidence
considered by the Board and the rationale for its decision is set
forth in the Addendum to Record of Proceedings, which is attached at
Exhibit Q.
On 27 Feb 99, applicant again submitted additional evidence and
requested reconsideration of her most recent appeal. The additional
evidence consisted of letters of support from four senior officers who
state they have extensive experience on Air Force Central Promotion
and Squadron Commander Selection Boards, and a copy of her most recent
Promotion Recommendation Form (PRF) for the P0599A Lieutenant Colonel
Selection Board (Exhibit R).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The additional four testimonials from senior officers validate the
effect of AF Form 77s with regard to their adverse affect on promotion
boards. These senior officers, with extensive central board
experience, strongly indicate that writing to promotion boards
regarding the reason for a missing performance report would be (1)
extremely unwise and (2) against strong and widespread Air Force
practice. She has also included a copy of a post-board briefing used
by a member of the CY94 Lieutenant Colonel Board, the board on which
she was passed over for promotion, to brief other officers on how the
selection board considered the officers before it. This board member
offered very practical advice and counsel and had a somewhat negative
view of writing the promotion board. In particular, he advised
officers that if they wrote to a promotion board “not to highlight a
flaw.” With regard to the issue of writing the board president, she
also provided a copy of a memo written by the former vice commander,
377 Air Base Wing, who was a member of the CY93 Central Lieutenant
Colonel Board. After reviewing the additional evidence presented,
there can be no doubt that a missing performance report is indeed
considered a flaw by many, if not most, promotion board members. To
write the board would have been foolish and very much against the
“real” Air Force policy.
The testimony provided shows that those with missing reports suffer by
comparison with their peers who do not have missing reports. This
influence is not “reasonable.” After reviewing the additional
evidence, if the Board still believes her position remains supported
despite the weight of this testimony, she stands ready to provide an
even greater weight of such testimony.
She asks the Board to note that General XXXX has stated he has
additional relevant testimony which he can provide directly to the
Board considering her supplemental board. Fairness and justice would
dictate that the Board receive General XXXX‘s testimony.
She formally requests a personal appearance before the Board when it
reconsiders her case in order to answer any questions the Board might
have.
A complete copy of her submission is appended at Exhibit S.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After a careful reconsideration of the applicant’s requests and
her most recent submission, we do not find it sufficiently compelling
to warrant a revision of the Board’s earlier determination in this
case.
a. We noted the “testimonials” on how a selection board may view
an AF Form 77 or a letter to the board president; however, we were not
convinced that the applicant was the victim of an injustice. The
requirement to insert, in place of a voided performance report, an Air
Force Form 77 without a detailed explanation may seem unfair to the
applicant; however, such action was required by Air Force policy and
the applicant has provided no rational reason why she should be
treated differently than other similarly situated officers. Hundreds
of officers have had performance reports removed from their records
and replaced with AF Forms 77. The authors of the statements provided
for our review expressed their reservations concerning the fairness of
such a practice vis-à-vis the perceptions of selection board members.
While they are entitled to their opinions, we do not believe their
statements establish that selection board members routinely fail to
fulfill their duty according to the provisions of the governing
statute and the instructions issued by the Secretary of the Air Force.
b. We observe that the AF Forms 77 document reports which were
removed from the applicant’s records 10 years ago. The cited forms
replaced OERs rendered nearly 12 and 18 years ago while the applicant
was serving in the grade of captain. At the time the applicant was
considered for promotion by the CY 1994 lieutenant colonel selection
board, the top report on file was the 6 July 1994 OPR and the most-
recent voided report was 8 reports deep in her Officer Selection
Record (OSR); the second was 18 reports down. The board had available
on top 5 reports documenting her performance as a major. When she was
first considered for promotion to the grade of lieutenant colonel, the
two voided reports represented a period of approximately 11 months of
her performance record spanning a 15-year period. While we realize
all performance reports are important, it appears applicant’s sterling
performance was adequately recorded in her more recent Officer
Performance Reports (OPRs) and that these reports would, in our view,
be more than sufficient to offset arguments concerning any possible
promotion injustice resulting from the absence of a recordation of her
performance in the long-ago rendered now-voided reports. To the
contrary, it is our opinion that the regularly scheduled selection
boards and the SSBs which reviewed the applicant’s corrected record
had sufficient documentation pertaining to her performance and
demonstrated potential for service in the higher grade in order to
make reasonable determinations concerning her promotability.
c. We noted the supportive statements indicating, in the writers’
opinions, letters written by considerees to a selection board
president are construed in a negative sense. We appreciate the
individuals expressing their own personal perception on the issue;
however, we are not inclined to agree. In this respect, we are not
about to presume that writing to the board president is prejudicial to
the member. It is our belief that this is another means for the
member to provide additional information to a selection board. It is
an optional tool and not intended to be discriminatory.
d. In summation, after an exhaustive review of this case, we are
convinced that applicant was previously afforded appropriate relief as
a result of the considerations of her applications to this Board. In
the absence of clear-cut evidence to the contrary or persuasive
evidence indicating that the duly constituted selection boards did not
have access to a reasonably accurate record on which to base their
decisions, we find no compelling basis upon which to recommend further
relief.
2. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 2 June 1999, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
MS. Ann L. Heidig, Member
Mr. Steven A. Shaw, Member
The following additional documentary evidence was considered:
Exhibit P. Record of Proceedings, dated 8 Dec 98.
Exhibit Q. Letter from applicant, dated 27 Feb 99, w/atchs.
CHARLES E. BENNETT
Panel Chair
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