RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-02628
INDEX CODE: 131.01
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The original Calendar Year 1996B (CY96B) Promotion Recommendation
Form (PRF) be corrected as follows:
a. The “Do Not Promote This Board” be changed to a “Definitely
Promote” (“DP”).
b. Change “manage-ment” to “management” on the second line of unit
mission description.
c. Change the Duty Title to “Chief, Strategy Branch.”
d. Replace the Key Duties, Tasks, and Responsibilities in Section
III, Job Description, with the following verbiage: “Develops and evaluates
joint and allied warfighting concepts and initiatives impacting US and
allied air forces in theater. Analyzes US and NATO doctrine, strategy, and
policy guidance to develop USAFE positions on force structure and
employment. Assesses military capabilities, roles and missions, and force
structures affecting US and NATO strategy implementation. Develops and
coordinates US and allied plans and concepts in support of SACEUR’s and
USCINCEUR’s warfighting objectives. Represents USAFE interests to NATO air
boards and air working parties on matters of doctrine and long-range
strategy. Formulates concepts for future interoperability of US/allied air
power.
e. Replace Section IV, Promotion Recommendation, verbiage with:
- Outstanding officer whose strongest quality is leadership;
superior performer in many diverse assignments
- Great start in ATC; named “top IP” by students/”IP of the
Month” by the unit; SOS Distinguished Graduate
- Unmatched aviation skills; top graduate in Pilot
Instructor Training class; instructor pilot in T-38/F-15
- Excellent Flight Safety Officer; thorough mishap
investigations; authored changes to F-15 flight manual
- Brilliant tactician in PACAF; exploited missile envelopes,
solved serious radar/missile interface problem
- Superb joint duty performance; Air/Land Battle Doctrine
expert; best liaison officer for Army at Ft Hood
- Superior leadership at Kadena; mission commander, wing
staff division chief, assistant operations officer
- #1 of 5 squadron commanders at Tyndall; tremendous
customer support with 35 year-old aircraft
- Has excelled in toughest squadron command position --
Visionary leader we must promote – this board
2. His CY96B Officer Selection Brief (OSB) be corrected as follows:
a. Assignment History Duty Title be corrected to reflect, “Chief,
Strategy Branch” effective 8 June 1996.
b. Delete the 13 August 1996 duty title “Action Officer” entry.
3. Approve, in writing, a waiver for time-in-grade served to retire as
an O-6 from three years to two years.
4. He be considered for promotion to the grade of colonel by Special
Selection Board (SSB) for the Calendar Year 1996B (CY96B) Central Colonel
Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The PRF he received with the “Do Not Promote” endorsement was based solely
on the Letter of Admonishment, Unfavorable Information File, and Referral
OPR which were removed by the AFBCMR. At the time he received this PRF,
Major General S--- told him that the one “DP” endorsement that he had to
give out (based on five officers in the primary zone) would have come down
to a records comparison between him and one other officer. General S---
said he would have had to carefully review the records before making his
decision, but that wasn’t required because he would be giving him
(applicant) a Do Not Promote endorsement, based on his (General S---)
conversations with General R---. The other officer did receive a “DP”
endorsement and was selected for colonel by the CY96 Board. Even if
General S--- had elected to give the other officer his available Definitely
Promote endorsement, there would still have been the opportunity for him to
compete at the MAJCOM Level Evaluation Board (MLEB) for an additional “DP”
endorsement. Historically, staff officers at the MAJCOM compete better at
the MLEB than officers in the field at Numbered Air Force Staffs or Wings.
Every effort is being made to present the PRF, as it should have been for
the original board, in the absence of the OPR removed by the AFBCMR.
Clearly, without the adverse actions that the AFBCMR has removed, he would
still have been the Chief of the Operations and Training Branch when he met
the board. Since he was moved, every effort must be made to present an
accurate depiction of his duties and responsibilities at the time the board
met. A duty title as DO as the Chief of the Operations and Training Branch
has two problems associated with it. First, he was removed from that
position on 13 August 1996, well before the promotion board met. Second,
it may highlight to some prospective promotion board members that are
familiar with the CT-43 mishap that he was somehow disciplined in
conjunction with that tragedy. This could severely prejudice his chances
of successful promotion on an SSB. Changing the Duty Title and the Key
Duties, Tasks, and Responsibilities to the same ones which are reflected on
the OPR which rated the period 8 June 1996 to 8 May 1997 more accurately
reflect actual duties during this time. Note that this period includes
both the time the PRF was written and the time that the actual board met.
Given that General S--- had already made up his mind to give him a Do Not
Promote This Board recommendation, it is clear that he didn’t really spend
a great deal of time trying to portray a positive message on the PRF.
There is significant empty space on the PRF, and it is clear that his
intention was to ensure that he did not get promoted. He feels that the
requested verbiage more accurately reflects both his record and promotion
potential.
He further contends that it is naïve to not recognize some potential
problem areas if he is promoted and elects to return to active duty.
Anyone familiar with his situation may be reluctant to do anything to get
him an assignment commensurate with his background and ability. Anyone who
knows the circumstances in this case might feel that by doing him a favor,
they risk offending the Chief of Staff. Action officers at AFPC do not
make colonels’ assignments – they’re made by general officers. The general
officer community is a small, tightly knit one where knowledge,
particularly of a case like his, will spread quickly. Again the perception
that it just isn’t worth the risk to one’s own career to hire him or help
place him in a good assignment may become the reality that he lives. That
is why he would like to get approval in advance for the length of time he
would need to serve to retire again as a colonel. The handwriting on the
wall for him is that the injustice done to his career and him could easily
continue, despite the best efforts to try to make everything right again.
At least with the time-in-grade waiver, he would know in advance how long
he has to serve should he receive a less-than-desirable assignment.
In support of the appeal, applicant submits HQ AFPC/DPPPAB letter, dated 24
February 1998, CY94, CY95, and CY96 Colonels Board PRFs, and OPR closing 8
May 1997.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 February 1998, the AFBCMR considered, and granted, applicant’s appeal
submitted on 28 September 1997, that (a) the Letter of Admonishment, dated
12 July 1996, and Unfavorable Information File Action, be removed from his
records, and (b) the Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 20 August 1995 through 7 June 1996, be removed from
his records. It was further recommended that he be considered for
promotion to the grade of colonel by a Special Selection Board for the
Calendar Year 1996B Central Colonel Board. (TAB 1)
On 27 April 1998, the applicant advised that he had been counseled by AFPC
that he had the option of requesting a direct promotion to colonel as well
as removing the rest of the derogatory remarks from his records.
Alternatively, he could seek correction of the PRF and other records and
seek promotion by SSB. He chose the latter.
On 1 June 1998, HQ AFPC/DPPP, Promotion, Evaluation and Recognition
Division, advised that due to unique circumstances, the applicant requested
that the SSB directed by the Board be held in abeyance until the issues
regarding his PRF are resolved.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Promotion, Evaluation & Recognition Div, Directorate of Pers
Program Mgt, AFPC/DPPP, reviewed this application and states that they have
no objection to correcting the typographical error in Section II. Based on
the information contained in the applicant’s OPR closing 8 May 1997, they
do not object to correcting section III of the CY96B PRF to reflect the
duty title to “Chief, Strategy Branch” and the key duties and
responsibilities to match the OPR closing 8 May 1997. They do not,
however, support the request to completely reword the promotion
recommendation narrative in Section IV and changing the promotion
recommendation to a “DP.” They previously were willing to support removal
of the last two bullet statements in the narrative portion, include two of
the bullet statements from CY95B PRF in their place, and a “DP”
recommendation. However, the applicant now wishes to completely reword the
narrative portion and asks that the promotion recommendation be changed to
a “DP.” They cannot support this request without evaluator support.
Although the applicant indicates he will not be able to obtain the senior
rater and management level review (MLR) board president support, he
provides nothing to substantiate that this is the case. They urge the
applicant to contact both the senior rater and MLR board president for
statements either denying or giving their support. Until such
documentation of support or evidence of his attempts to contact these
individuals is received, they cannot support the requested changes to the
contested PRF or upgrading it to a “DP.” Reference the applicant’s request
to add the duty title of “Chief, Strategy Branch,” effective 8 June 1996,
and deleting the 13 August 1996 duty history entry which reflects a duty
title of “Action Officer”. They have no objection to making either of
these corrections to the OSB.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states the senior
rater supports changing his promotion recommendation to a “Promote,” and
provides a new, signed PRF for the board. The MLR President supports the
senior rater’s recommendation. However, he still maintains that the PRF
changes that he has requested best reflect both his record and promotion
potential. Contrary to the way their comments appear at face value, he
believes that the senior rater’s and MLR Board President’s comments support
his claim that it is unrealistic to expect any MAJCOM support to help him
get promoted. Clearly, the senior rater found he could change the last two
sentences in the narrative and change his recommendation to “Promote.”
After all, there is now no official documentation anywhere in his corrected
records that would justify a “Do Not Promote This Board” recommendation.
He urges the members of the AFBCMR to consider that his original package of
27 April 1998 reflects reality – it truly was unrealistic to expect that
anyone within the USAFE chain would be interested in helping him get
promoted. As he clearly documented in his original package to the AFBCMR,
the senior rater told him on 16 August 1997 that he (senior rater) was
directed by General Ryan to ensure that he did not get promoted. Given
General Ryan’s promotion to be Chief of Staff, it is completely unrealistic
to expect the senior rater to side with him (applicant) against the Chief.
He respectfully requests that his PRF narrative be changed to the one he
requested in his original package with a “Definitely Promote” endorsement.
In support of his appeal, applicant submits a statement from the senior
rater, stating that based on a subsequent review of the applicant’s
corrected records, he is submitting a revised PRF with an overall
recommendation of “Promote” for consideration at a supplemental board. The
applicant also submits a statement from the MLR Board President stating
that based on the record as reflected, he concurs with senior rater’s
proposed PRF as written.
Applicant's complete response, with attachments, is attached at Exhibit D.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Chief, Promotion, Evaluation & Recognition Div, Directorate of Pers
Program Mgt, AFPC/DPPP, reviewed this application and states that the
applicant contends the revised PRF does not reflect his accomplishments or
his promotion potential. The revised PRF is identical to the original “Do
Not Promote (DNP)” PRF used by the board with the exception of the last two
bullet statements in section IV and the overall promotion recommendation.
The senior rater reviewed the applicant’s corrected record and determined
the last two bullet statements (which caused the DNP recommendation) should
be removed and replaced. The applicant, however, believes the senior
should have highlighted his more significant career accomplishments instead
of only changing the last two statements. The applicant has provided a
proposed “DP” PRF with the accomplishments he believes should have been
included on the revised version. They note, though, the senior rater
elected not to support the DP recommendation and embellished PRF as there
is no signature by the senior rater on the proposed PRF. It is the senior
rater who determines what ratee accomplishments should be included on the
PRF - not the ratee. Based on the documentation from both the senior rater
and MLRB president, they recommend the PRF with the “Promote”
recommendation be accepted for file and used for the applicant’s promotion
reconsideration by the CY96B board. Without the support for the “DP”
recommendation, they cannot recommend the proposed PRF be accepted for
file.
A complete copy of the evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that in February
1998, when he first found out that he also needed to correct his PRF, he
was advised by AFPC/DPPP that there were two avenues to accomplish this.
He could ask for a direct promotion, or he could ask to amend the PRF,
change the overall recommendation to a “DP” and compete at an SSB. At the
time that he discussed this issue with an action officer at Randolph, he
was told by phone and electronic mail that AFPC/DPPP was willing to support
either option. He agrees that at the time this issue was discussed, they
were only talking about removing the final two lines of the narrative and
substituting two lines of his choosing, but the “DP” endorsement was never
in doubt, nor, it seemed, was AFPC/DPPP’s commitment to try to help him get
promoted. He has concluded that if he had been content with just changing
the final two lines and changing the overall recommendation to a “DP,” that
AFPC/DPPP would have rubber-stamped his entire package and supported it
without bothering to find out what the Senior Rater and MLR Board President
had to
say. Since he decided to ask for a change to the entire narrative, they
insisted on hearing from the Senior Rater and MLR Board President. In
other words, he had to prove that he could not get General S--- or General
P--- to support his recommended changes to the narrative and overall
promotion recommendation before AFPC would consider supporting those
changes without Senior Rater/MLR Board President support. But now, having
shown that General S--- and General P--- do not support his recommended
changes, AFPC/DPPP now says that because the raters don’t support the
rewrite, neither will they. This seems to be a no win situation for him.
He said that it was unrealistic to expect General S--- and General P---,
whom the AFBCMR has told were wrong and treated him unjustly, to be
interested in helping him get promoted. When AFPC/DPPP asked him to prove
it, he spent six months getting the proof. Now DPPP says they will not
support the changes because the raters won’t, and defaults to chapter and
verse as defined by the appropriate AFIs without considering the unique
circumstances of his situation. The whole point in his asking the AFBCMR
to make these changes in the first place was that he believed (now proven)
that it was impossible for him to get two general officers who had
committed an injustice against him to side with him, particularly when it
goes against the judgment of the current Chief of Staff of the Air Force.
The narrative he is recommending was written by a senior rater – it is the
verbatim narrative of his one-year-BPZ PRF, written by General F---.
Please consider that since the referral OPR has been removed from his
record, his record essentially stopped with his previous PRF. Therefore,
the last senior rater to look at his record with an unbiased view was
General F--- for his one-year-BPZ Board. He hopes that the AFBCMR will
agree with him that his recommended PRF narrative and the “DP” endorsement
are the appropriate ones. If General S---‘s new narrative is used, he
urges the Board to add the “DP” endorsement.
Applicant's complete response is attached at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting voidance of the
contested PRF for the CY96B board;
placing a reaccomplished PRF in his record for the CY96B board; and
amending this reaccomplished PRF in Section IV. In this regard, we note
the following:
a. The applicant requested the letter of admonishment (LOA)
and the OPR closing 7 June 1996 be removed from his records. Based on the
evidence submitted with that appeal, and in view of the Air Force’s
comments, we previously acted favorably on the applicant’s requests. In
addition, we recommended his corrected record be considered for promotion
to the grade of colonel by special selection board (SSB) for the CY96B
board.
b. Based on our recommendation for SSB consideration, the Air Force
informed the applicant that he should appeal the PRF for the CY 96B board
prior to being considered for promotion by an SSB. They further informed
him that they were willing to support removal of the last two bullet
statements in the narrative portion, include two of the bullet statements
from his PO695B PRF in their place, and a “DP” recommendation. However,
since he wanted to completely reword the narrative portion and asked that
the promotion recommendation be changed to a “DP.”, they could not support
his request without evaluator support. The applicant was subsequently
unable to obtain evaluator support for completely rewording his PRF and
awarding him a “DP.” He was, however, able to obtain support for some
minor changes to the narrative portion of the PRF and the award of a
“Promote” recommendation.
c. Applicant now contends that this reaccomplished PRF still is not
an accurate assessment of his overall record and will be detrimental to his
chance for promotion when considered by the SSB. After reviewing the PRFs
prepared for the CY94A and CY95B below-the-promotion zone boards, we agree
with the applicant that the reaccomplished PRF does not reflect a true
picture of his career. Therefore, we are of the opinion that the
reaccomplished PRF (with the promote recommendation) should be placed in
his record for the CY96B board and amended in Section IV to reflect the
comments from the PRF issued for the CY95B board with the exception of the
last sentence. In our view, the comments in the 1995 PRF were a complete
and accurate description of his career. Since the LOA and OPR closing 7
June 1996 have been removed from his record, we do not believe that the
comments in Section IV of the reaccomplished PRF are justified.
d. In addition to the above corrections to his records, we also
believe his Officer Selection Brief (OSB) for the CY96B board should be
amended by adding the duty title “Chief, Strategy Branch,” effective 8 June
1996, and deleting the duty title “Action Officer,” effective 13 August
1996.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of a probable error or an injustice warranting awarding the
applicant a promotion recommendation of “DP” on the reaccomplished PRF
signed by the senior rater. True, he submitted sufficient evidence to
support changes in the verbiage to this PRF to more accurately reflect his
record and promotion potential. However, in the absence of support from
the senior rater and the MLR Board President, we do not find an adequate
basis to recommend favorable action on his request for award of a “DP.”
5. In arriving at our decision, we note the allegation that the senior
rater told the applicant on 16 August 1997, that he was directed by the
Chief of Staff to ensure that he did not get promoted; and that it is
unrealistic to expect the senior rater to side with him against the Chief.
The applicant made a conscious decision to base his request for a
completely rewritten PRF with a promotion recommendation of “DP” on the
anticipated support of his evaluators. Having been unsuccessful in that
endeavor, he now wants us to summarily dismiss the evaluators’ statements
and accept his speculative argument that since the USAFE Commander (who is
now Chief of Staff of the Air Force) made the decisions, it is unreasonable
to assume that there would be any support at the MAJCOM level in USAFE for
fixing his PRF. This could very well be the case. Nonetheless, in the
absence of substantive evidence to the contrary, we presume the evaluators
acted lawfully and in good faith. Therefore, we conclude that the
applicant has failed to sustain his burden of establishing the existence of
either an error or an injustice warranting favorable action on his
additional requests for a completely rewritten PRF with a promotion
recommendation of “DP.” As an aside, we also note that the applicant
admitted earlier that he would have had to compete for the only “DP” his
senior rater had to give. And, if unsuccessful, he would have had to
compete at a higher level for a carryover “DP” recommendation. Therefore,
there is no guarantee that he would have ultimately received a “DP” even
had he not received the LOA and the mediocre OPR.
6. Insufficient relevant evidence has been presented to demonstrate the
existence of a probable error or an injustice warranting favorable action
on the applicant’s request for a waiver of two years of the three-year time-
in-grade requirement to retire as a colonel should he be selected by an
SSB. In this respect, we note that the Comptroller General has held that
we lack the authority to provide for a prospective event. Therefore,
favorable action on this issue at this time would be of dubious validity
and, therefore, is not ripe for consideration.
7. 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 issue(s) involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. The Promotion Recommendation Form (PRF), AF Form 709, for cycle
0696B, be removed from his record.
b. The attached reaccomplished PRF, AF Form 709, for cycle 0696B
be inserted in his record.
c. The reaccomplished PRF for cycle 0696B, be corrected in Section
IV. Promotion Recommendation as follows:
Outstanding officer whose strongest quality is leadership; superior
performer in many diverse assignments Great start in ATC; named “top IP” by
students/”IP of the Month” by unit; SOS Distinguished GraduateUnmatched
aviation skills; top graduate in Pilot Instructor Training class;
instructor pilot in T-38/F-15
Excellent Flight Safety Officer; thorough mishap investigations; authored
changes to F-15 flight manual Brilliant tactician in PACAF; exploited
missile envelopes, solved serious radar/missile interface problem Superb
joint duty performance; Air/Land Battle Doctrine expert; best liaison
officer for Army at Ft Hood Superior leadership at Kadena; mission
commander, wing staff division chief, assistant operations officer #1 of my
5 squadron commanders at Tyndall; tremendous customer support with 35 year-
old aircraft “Jaws” G--- has been a leader at every level - we need him for
our toughest jobs - promote without fail.
d. The officer selection brief for the CY96B Colonel Selection
Board be corrected to reflect in the Assignment History, duty title,
effective 8 June 1996, “Chief, Strategy Branch” and delete the duty title
entry “Action Officer,” effective 13 August 1996.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 9 April 1999, under the provisions of AFI 36-2603:
Mr. Benedict A. Kausal, IV, Panel Chair
Mr. Thomas S. Markiewicz, Member
Mr. Gregory H. Petkoff, Member
Ms. Gloria J. Williams, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. Applicant’s letter, dated 27 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPP, dated 1 Jun 98.
Exhibit D. Applicant’s Response, dated 8 Jan 99, w/atchs.
Exhibit E. Letter, AFPC/DPPP, dated 5 Feb 99.
Exhibit F. Letters, AFBCMR, dated 4 Jun 98, 22 Jun 98, and
12 Feb 99.
Exhibit G. Applicant's Response, dated 27 Feb 99.
BENEDICT A. KAUSAL, IV
Panel Chair
AFBCMR 97-02628
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. The Promotion Recommendation Form (PRF), AF Form 709, for
cycle 0696B, be, and hereby is, declared void and removed from his record.
b. The attached reaccomplished PRF, AF Form 709, for cycle
0696B be inserted in his record.
c. The reaccomplished PRF for cycle 0696B, be corrected in
Section IV. Promotion Recommendation, as follows:
Outstanding officer whose strongest quality is leadership; superior
performer in many diverse assignments
Great start in ATC; named “top IP” by students/”IP of the Month” by unit;
SOS Distinguished Graduate
Unmatched aviation skills; top graduate in Pilot Instructor Training
class; instructor pilot in T-38/F-15
Excellent Flight Safety Officer; thorough mishap investigations; authored
changes to F-15 flight manual
Brilliant tactician in PACAF; exploited missile envelopes, solved serious
radar/missile interface problem
Superb joint duty performance; Air/Land Battle Doctrine expert; best
liaison officer for Army at Ft Hood
Superior leadership at Kadena; mission commander, wing staff division
chief, assistant operations officer
#1 of my 5 squadron commanders at Tyndall; tremendous customer support
with 35 year-old aircraft
“Jaws” G--- has been a leader at every level - we need him for our
toughest jobs - promote without fail
d. The officer selection brief for the CY96B Colonel
Selection Board be corrected to reflect in the Assignment History, duty
title, effective 8 June 1996, “Chief, Strategy Branch” and delete the duty
title entry “Action Officer,” effective 13 August 1996.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Action officers at AFPC do not make colonels’ assignments – they’re made by general officers. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluations and states the senior rater supports changing his promotion recommendation to a “Promote,” and provides a new, signed PRF for the board. Applicant's complete response, with...
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The applicant further states that the ROE prescribed within Air Force Instructions (AFIs) were violated during the completion of his OPR and PRF. The applicant states that to change an overall rating on a PRF to “Definitely Promote” (DP) requires concurrence of both the senior rater and MLR president. The applicant reiterates that he has the concurrence of his senior rater with a new PRF and a “DP” promotion recommendation.
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