ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 93-02426
COUNSEL: NONE
HEARING DESIRED:
_________________________________________________________________
RESUME OF CASE:
In applications dated 26 April 1993 and 27 May 1993, the applicant
requested promotion to the grade of lieutenant colonel, effective 3
June 1993; compensation for the involuntary curtailment of his
statutory tour; he be given a follow-on statutory tour; the Officer
Performance Reports (OPRs) closing 1 March 1992 and 25 May 1992, the
Non-Qualification for Promotion package and any and all documents
relating to the aforementioned documents and all other damaging
career data be removed from his records; and he receive credit and
benefits for active duty points from 1 September 1993 through 31
March 1994.
On 5 April 1994 and 28 January 1997, the Board considered and
partially granted the applicant’s request to promote him to the
Reserve grade of lieutenant colonel; correct his record to reflect he
continued his statutory tour until 31 March 1994; voided and removed
the contested OPRs; transferred him to the Reserve of the Air Force
effective 1 April 1994; and credited him with nonpaid points for the
retirement/retention years ending 8 January 1996 and 8 January 1997
and that those years were satisfactory years of federal service. The
Board denied his requests for a follow-on statutory tour and for
removal of any and all other career damaging data from his records.
A complete copy of the Record of Proceedings is attached at Exhibit U
(Exhibits A-T).
Applicant submitted additional information on and requested
reconsideration of his application (Exhibit V). The request to
reconsider his application was approved and his case has been
reopened at this time.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Promotion Secretariat Division, ARPC/DPJA, reviewed the
request and states that the applicant was advised on 3 October 1997
that the corrections directed by the AFBCMR were accomplished. In
addition, regarding the IMA program, the Medical Service Corps (MSC)
Program Manager for IMA Programs does not recall speaking to the
applicant, nor is he aware of the applicant’s promotion issues or a
request to come into the Categroy E program as an IMA. Category E is
a holding area for paid positions in the Category B program where
current manning is at 100% for MSC officers and they have four
individuals in Category E awaiting paid positions.
They cannot speak for someone who no longer works in their area, but
it is believed that his “counterpart” advised the applicant that he
was entitled to be considered for promotion, but would have to submit
another DD Form 149 requesting promotion consideration by special
review (SRB) boards. Their office has not received such a request
and they cannot hold an SRB unless directed to do so by the AFBCMR.
Lastly, with respect to the notification issue of the Fiscal Year
1998 (FY98) Air Force Reserve Colonel Selection Board, they state
that in accordance with the governing AFI, “immediate commanders will
verbally notify officers not selected for promotion to ranks of
captain through colonel.” The applicant was assigned to a non-
participating section and therefore had no commander. Ramifications
of non-selection do not apply to the colonel board; lieutenant
colonels meet the Reserve colonel board until their mandatory service
date (MSD) is due to expire. The Officer Selection Brief (OSB) shows
that the applicant was in the Non-Participating Non-Obligated Reserve
Personnel Section (NNRPS) at the time the board convened. The Board
briefs were being filmed and they regret the delay in forwarding a
copy to him. This has now been accomplished. The applicant is
currently in the Retired Reserve Section drawing pay at age 60.
A complete copy of the evaluation is attached at Exhibit W.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to applicant and his
counsel on 18 May and 13 October 1998. As of this date, no response
has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing
the entire case file, we are persuaded that the applicant should be
provided promotion consideration to the grade of colonel by an SRB
for the FY96 and FY97 Reserve of the Air Force Colonel Boards. It
appears that since the applicant did not request this action be taken
at the time he originally submitted his application, this aspect of
relief was not considered by the Board. However, based on the fact
that it appears that he was eligible for promotion consideration, we
believe he should be afforded the opportunity to have his records
reviewed by a duly constituted special review board. Therefore, we
recommend his records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be considered for promotion to the grade of
Colonel, Air Force Reserve, by a Special Review Board; and, that his
records be evaluated in comparison with the records of officers who
were and were not selected by the Fiscal Years 1996 and 97 Reserve of
the Air Force Colonel Selection Boards.
It is further recommended that, if he is recommended for promotion by
the Special Review Board, the Air Force Board for Correction of
Military Records be advised of that recommendation at the earliest
practicable date so that all necessary and appropriate actions may be
completed.
If he is not recommended for promotion by the Special Review Board,
the office of primary responsibility advise him of the recommendation
of the Special Review Board.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 4 October 2000, under the provisions of AFI 36-
2603:
Ms. Martha Maust, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Vaughn E. Schlunz, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit U. ROP, dated 4 Apr 97, w/atchs.
Exhibit V. Letter, Applicant, undated.
Exhibit W. Letter, ARPC, dated 3 Apr 98, w/atchs.
Exhibit X. Letter, SAF/MIBR, dated 18 May 98.
Exhibit Y. Letter, Applicant, dated 7 Oct 98.
Exhibit Z. Letter, AFBCMR, 13 Oct 98.
Exhibit AA. Letter, Applicant, 6 Nov 98.
Exhibit BB. Letter, AFBCMR, dated 12 Nov 98.
Exhibit CC. Electronic Mailgrams, Applicant, dated 5 Nov
98,
13 Dec 98, 4 Jan 99, and 29 Apr 99.
Exhibit DD. Electronic Mailgram, AFBCMR, undated
VAUGHN E. SCHLUNZ
Acting Panel Chair
AFBCMR 93-02426
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 considered for promotion to the grade
of Colonel, Air Force Reserve, by a Special Review Board; and, that
his records be evaluated in comparison with the records of officers
who were and were not selected by the Fiscal Years 1996 and 97
Reserve of the Air Force Colonel Selection Boards.
It is further directed that, if he is recommended for promotion
by the Special Review Board, the Air Force Board for Correction of
Military Records be advised of that recommendation at the earliest
practicable date so that all necessary and appropriate actions may be
completed.
If he is not recommended for promotion by the Special Review
Board, the office of primary responsibility advise him of the
recommendation of the Special Review Board.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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