RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01771
INDEX CODE: 111.01
APPLICANT COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
Professional Military Education (PME) recommendations be added to his 20
Feb 94 and 20 Feb 95 Officer Performance Reports (OPRs), and he be
considered for promotion to major by a Special Selection Board (SSB) for
the CY98B Promotion Board.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His request is based on the results of a previous appeal to correct two
subsequent OPRs through 30 Sep 95 and 30 Sep 96. He has attempted to
correct these OPRs through the Evaluation Report Appeal Board (ERAB).
His first attempt was denied on 4 Oct 99. He resubmitted the package and
it was returned on 10 Mar 00 without action.
In support of his request, applicant submits personal statements by a
majority of his evaluators of the contested reports, and additional
documents associated with the issues cited in his contentions (Exhibit
A).
___________________________________________________________________
STATEMENT OF FACTS:
Information extracted from Master Personnel Records reveal the
applicant’s Total Active Federal Military Service Date (TAFMSD) as 12 Dec
87. He is currently serving on active duty in the grade of major, with
an effective date of rank of 1 Aug 99.
On 6 Nov 98 and 27 Jan 99, similar appeals by the applicant were
considered by the Evaluation Report Appeals Board (ERAB) under the
provisions of Air Force Instruction (AFI) 36-2401. The ERAB partially
approved the applicant's appeal regarding an OPR closing 30 Sep 95. The
ERAB removed the augmentation recommendation from the report, but denied
the applicant's request to add a recommendation for professional military
education (PME) to the report and grant him SSB consideration. The ERAB
denied the applicant's request to add a PME recommendation to the OPR
closing 30 Sep 96.
On 13 Jul 99, the applicant appealed to the Board to have his OPRs
closing 30 Sep 95 and 30 Sep 96 amended to include recommendations for
PME and that he be considered for promotion by a Special Selection Board
(SSB). The Board considered the case and the majority of the panel found
insufficient evidence of error or injustice and recommended the
application be denied. The Director, Air Force Review Boards Agency,
reviewed the case and made the decision to correct the applicant's
records. The applicant's OPRs were amended to include PME
recommendations and it was directed that the applicant be considered for
promotion to the grade of major by an SSB for the CY98B Central Selection
Board. (Record of Proceedings and Directive are at Exhibit C.)
On 4 Oct 99 and 10 Mar 00, the applicant appealed to the ERAB to have his
OPRs closing 20 Feb 94 and 20 Feb 95 amended to include recommendations
for PME. The ERAB denied his appeals.
On 15 May 00, based on the corrections to the OPRs granted as a result of
the decision in his earlier appeal to the Board, the applicant was
considered for retroactive promotion to the grade of major by the CY98B
(6 Apr 98) major SSB and was nonselected by the SSB.
The applicant was promoted to the grade of major by the CY99A promotion
board with an effective date of rank of 1 Aug 99.
___________________________________________________________________
AIR FORCE EVALUATION:
The Acting Chief, AFBCMR and SSB Branch, AFPC/DPPPA, reviewed this
application and recommended denial. DPPPA stated the contested OPRs have
been a matter of record for over five years. DPPPA asserts that the
evaluators do not indicate they now have information not available when
the report was rendered which substantiates the applicant was dealt an
injustice. DPPPA believes the rater's statements are purely a
retrospective attempt only to enhance the applicant's promotion
opportunities, which is not a valid reason to correct an evaluation
report. DPPPA stated the statements from the additional raters and
reviewer are nothing more than endorsements of the rater's statement of
support and neither add validity to the applicant's appeal (Exhibit D).
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant believes he has provided evidence that supports the timeliness
and merit of his application. Applicant asserts the approval of his
appeal should be fitting based on the previous decision made by the
Director of the Air Force Review Board Agency.
His complete response is at Exhibit F.
___________________________________________________________________
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. We are not persuaded by the
applicant’s rationale. With regards to Professional Military Education
(PME) recommendations, the Board is aware that the governing Air Force
instruction stipulates PME recommendations are not obligatory. We took
notice of the applicant's complete submission in judging the merits of
the case and agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of an error
or injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in this
application.
4. 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 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 November 9, 2000, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Marcia J. Bachman, Member
Mr. Clarence Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 00 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceedings, AFBCMR Docket No: 00-01771
w/atchs, dated 1 Dec 99.
Exhibit D. Letter, AFPC/DPPPA, dated 17 Jul 00.
Exhibit E. Letter, SAF/MIBR, dated 28 Jul 00.
Exhibit F. Letter, Applicant, dated 7 Aug 00.
WAYNE R. GRACIE
Panel Chair
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