Search Decisions

Decision Text

AF | BCMR | CY2000 | 0001771
Original file (0001771.doc) Auto-classification: Denied

                            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


Similar Decisions

  • AF | BCMR | CY1999 | 9900711

    Original file (9900711.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00711 INDEX CODE: 111.01 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Reports (OPRs), closing 30 Sep 95 and 30 Sep 96, be amended to include recommendations for professional military education (PME) and that he be considered for promotion to major by a Special Selection Board (SSB)...

  • AF | BCMR | CY2000 | 9903330

    Original file (9903330.doc) Auto-classification: Denied

    A copy of the complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel was erroneously advised by SAF/MIBR on 11 Feb 00 that the Air Force was recommending approval. The supporting statements were noted, as was the applicant’s primary contention that a unique wing policy regarding PME recommendations denied him equal protection for promotion purposes. We note the OPR closing 25...

  • AF | BCMR | CY2003 | BC-2002-03649

    Original file (BC-2002-03649.doc) Auto-classification: Denied

    The rater and additional rater of the contested OPR provide statements contending that the correct PME level on the report should have been for SSS rather than ISS. The OPR closing 23 Jun 97 recommends SSS in residence. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant altering the 23 Jun 96 OPR to reflect a PME recommendation of “SSS” rather than “ISS” and granting SSB consideration for the CY99A selection board.

  • AF | BCMR | CY2001 | 9803239

    Original file (9803239.doc) Auto-classification: Denied

    The inconsistencies between the duty titles on his Office Performance Reports (OPRs) and those listed on his Officer Preselection Brief (OPB) prior to his consideration for promotion to the grade of lieutenant colonel by the P0498B central board have been administratively corrected. A complete copy of this evaluation is appended at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory...

  • AF | BCMR | CY2000 | 0002000

    Original file (0002000.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02000 INDEX CODE: 107.00, 111.05 APPLICANT COUNSEL: Mr. Robert E. Bergman HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be retroactively promoted to the grade of lieutenant colonel effective the first date eligible with his year group; his Officer Performance Report (OPR) rendered for the period 18 May 93 through 17...

  • AF | BCMR | CY1999 | 9803417

    Original file (9803417.doc) Auto-classification: Denied

    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. 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. After a thorough review of the evidence of record and applicant’s submission, we are...

  • AF | BCMR | CY2002 | 0101835

    Original file (0101835.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01835 INDEX NUMBER: 131.00; 111.01 XXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: Yes _______________________________________________________________ APPLICANT REQUESTS THAT: The closeout dates and respective signatures on his officer performance reports (OPRs) closing out 12 Jul 96, 12 Jul 97, and 12 Jul 98 be corrected to reflect closeout dates of 31 May 96, 31 May 97, and...

  • AF | BCMR | CY2000 | 9803562

    Original file (9803562.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Reports & Queries Section, AFPC/DPAPS1, reviewed this application and indicated that the reviewer for the OPR closing 31 Dec 94 signed as Commander of the USAF Air Warfare Center so “Center” is the correct duty command level for this duty entry. This OPR clearly shows that the duty title was incorrect on the OPB for the 950701 entry; therefore, DPAPS1 changed the duty title for this entry in...

  • AF | BCMR | CY2001 | 0003322

    Original file (0003322.doc) Auto-classification: Approved

    The Officer Performance Report (OPR) rendered on him for the period of 6 Mar 97 through 5 Mar 98 be revised. _______________________________________________________________ APPLICANT CONTENDS THAT: Due to confusion and oversights on appropriate professional military education (PME) endorsements by his Rater, Additional Rater, and Reviewer on the OPR rendered on him for the period 6 Mar 97 through 5 Mar 98, his Reviewer is requesting that the report be revised to correct PME recommendations...

  • AF | BCMR | CY1999 | 9802824

    Original file (9802824.doc) Auto-classification: Approved

    In support of his request, applicant submits copies of his AFI 36-2401 application, the AFI 36-2401 Decision, his OPR closing 15 Jun 97, and a statement from his Military Personnel Flight (MPR) (Exhibit A). Although the final evaluator signed the OPR on 27 Jun 97, the fact remains the OPR was not required to be filed in the applicant’s OSR before the selection board convened on 21 Jul 97 (Exhibit C). Despite the fact the 15 Jun 97 OPR was submitted on the correct closeout date, it was the...