ADDENDUM
TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-02111
INDEX CODE: 131
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
On 24 March 1997, the Board considered and denied an application for
correction of military records pertaining to subject applicant. The
applicant requested that three (3) Officer Performance Reports (OPRs),
for the periods closing 17 June 1989, 17 June 1990, and 21 March 1991,
be corrected to reflect recommendations for professional military
education (PME).
Applicant also requested that she be considered for promotion to the
grade of lieutenant colonel by Special Selection Board (SSB) for the
Calendar Year 1994A (CY94A) Central Lieutenant Colonel Selection
Board. (A copy of the Record of Proceedings (ROP), dated 24 March
1997, is attached at Exhibit G).
_________________________________________________________________
The applicant has submitted a letter, dated 15 October 1997,
requesting that she receive a direct promotion to the grade of
lieutenant colonel as if selected by the Calendar Year 1994 (CY94)
Central Lieutenant Colonel Selection Board.
_________________________________________________________________
The applicant contends that there were illegal Officer Performance
Report (OPR) restrictions and asks the Board to read a statement
submitted by the Wing Commander, General XXX, dated 3 April 1996.
Applicant alleges a tainted Promotion Recommendation Form (PRF) for
the CY94 selection board. She also alleges defective selection boards
and violation of Statute and Department of Defense (DoD) Directives.
Applicant is requesting a direct promotion stating that a
consideration by Special Selection Board (SSB) cannot provide a full
and fitting measure of relief.
Applicant’s complete submission, to include Evidentiary Support -
Illegal Selection Boards, is attached at Exhibit H.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Operations, Selection Board Secretariat, HQ AFPC/DPPB,
states that they do not agree with the applicant’s contentions with
regard to violations of sections of Title 10, United States Code
(U.S.C.) and the board president’s role violating restrictions of
Department of Defense Directives (DoDD). Applicant’s additional
statements are either incorrect or unfounded. She also challenges the
scoring system used by central selection boards and offers her
opinions and interpretations which AFPC/DPPB does not agree with.
A complete copy of the Air Force evaluation is attached at Exhibit I.
The Chief, Evaluations Programs Branch, HQ AFPC/DPPPE, states that,
with regard to missing Professional Military Education (PME)
statements on the applicant’s Officer Performance Reports (OPRs),
closing June 1989, June 1990 and March 1991, there is no sound proof
that there was a command policy restricting her raters from including
PME recommendations on her OPRs. Since the OPRs were found to contain
no errors or be in violation of Air Force regulations, her claim that
her record of performance (ROP) was incomplete is unsubstantiated.
Similarly, no verification was provided that her Calendar Year 1993
(CY93) Below-the-Zone “Promote” promotion recommendation form (PRF)
was not included in her ROP. The information in her record which was
used to prepare the CY93 PRF was complete and thus available for the
preparation of her CY94 PRF. Lastly, the “Top” Promote system used by
her command that the applicant contends was not applied consistently,
was neither illegal or prohibited during the CY94 Lieutenant Colonel
Central Selection Board. There is no evidence provided that shows the
applicant received anything but fair and equitable treatment. They
recommend the applicant’s request be denied.
A complete copy of the Air Force evaluation is attached at Exhibit J.
The Senior Attorney-Advisor, HQ AFPC/JA, states that, by way of
background, applicant filed a previous application with the AFBCMR
challenging OPRs she received while stationed at Seymour Johnson Air
Force Base (AFB). She now requests direct promotion to lieutenant
colonel, relying on what she characterizes as newly discovered
relevant evidence which proves the whole process by which she was
evaluated and considered for promotion based upon those [previously
challenged] evaluations was contrary to statute, directive, and
regulation. The applicant has submitted nothing that meets the
criteria for reconsideration based on newly discovered relevant
evidence. Her brief offers no new evidence at all, but only a series
of arguments supported almost exclusively by her opinions.
It is AFPC/JA’s opinion that the applicant’s request for
reconsideration should be denied. Applicant has failed to meet the
requisite criteria for reconsideration and, on the merits, has failed
to present relevant evidence of any error or injustice warranting
relief.
A copy of the Air Force evaluation is attached at Exhibit K.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluations and provided two
responses, dated 15 July 1998 and 25 August 1998, with attachments,
which are attached at Exhibits M and N.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. Applicant’s numerous
contentions concerning the statutory compliance of the central
selection boards, illegal Officer Performance Report (OPR)
restrictions, a tainted Promotion Recommendation Form (PRF) for the
Calendar Year 1994 (CY94) selection board and the promotion
recommendation appeal process, are duly noted. However, after a
thorough review of the evidence of record and applicant’s submission,
we are not persuaded that she should receive a direct promotion to the
grade of lieutenant colonel, as if promoted by the CY94 Central
Lieutenant Colonel Selection board. We do not find applicant’s
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
her burden that she 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 14 June 1999, under the provisions of AFI 36-
2603.
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Charles E. Bennett, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit G. ROP, dated 24 Mar 97.
Exhibit H. Applicant's Letter, dated 15 Oct 97, w/atchs.
Exhibit I. Letter, HQ AFPC/DPPB, dated 20 Jan 98.
Exhibit J. Letter, HQ AFPC/DPPPE, dated 11 Mar 98.
Exhibit K. Letter, HQ AFPC/JA, dated 3 Apr 98.
Exhibit L. Letter, AFBCMR, dated 22 Apr 98.
Exhibit M. Applicant’s Letter, dated 15 Jul 98, w/atchs.
Exhibit N. Applicant’s Letter, dated 25 Aug 98, w/atchs.
THOMAS S. MARKIEWICZ
Panel Chair
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