ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 96-02238
INDEX CODE: 100.00, 111.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The recommendation for Intermediate Service School (ISS) be
added to his Officer Performance Report (OPR) rendered for the
period 23 Aug 87 through 22 Aug 88.
2. His Promotion Recommendation Form (PRF) be upgraded from a
Promote recommendation to a Definitely Promote (DP) recommendation,
or, in the alternative, the Board allow him sufficient time to seek
correction of his PRF through Defense Intelligence Agency (DIA)
channels or to direct its removal as it was based upon an erroneous
record of performance.
3. His nonselections for promotion to the grade of lieutenant
colonel be set aside.
4. Correct his records to reflect selection to the grade of
lieutenant colonel as if selected by the CY91B Lieutenant Colonel
Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant submits an 11-page letter and indicates, in part, that he
is providing additional new and relevant information concerning not
only the errors in his folder but also concerning procedural errors
in the selection board itself. He indicates that the Air Force’s
promotion recommendation and promotion board systems operated
illegally.
Applicant’s complete submission is attached at Exhibit G.
_________________________________________________________________
RESUME OF CASE:
In an application, dated 30 Jul 96, the applicant requested that his
record, to include a Letter of Mitigation attached to the OPR
closing 22 Aug 88 and a narrative only PRF, be considered for
promotion to the grade of lieutenant colonel by Special Selection
Board (SSB) for the CY91B Central Lieutenant Colonel Board.
On 18 Feb 97, the Board considered and denied applicant’s request
(Exhibit F.).
In an undated letter, applicant requests reconsideration of the
Board’s initial decision in his case (Exhibit G.)
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Evaluation Programs Branch, AFPC/DPPPE, reviewed the
applicant’s requests and indicated that he provided no admission
from the Senior Rater (or his staff) that he was ordered to remove
the PME recommendation. Further, between the years 1988-1990, PME
push statements were not nearly as prevalent on OPRs as they are
today. The lack of a statement during this timeframe would not
necessarily be considered a negative indicator. DPPPE fails to see
how a missing PME recommendation statement from an OPR three years
earlier would justify a change in the narrative section of a PRF.
The applicant shows no evidence that his Management Level (ML) did
not use “Top Promote” statements on PRFs and “Top Promote”
statements were appropriate to use during the timeframe applicant is
referring to; therefore, if his ML chose not to use them, they did
so at their own discretion. DPPPE recommends denial of applicant’s
request. He has not proven that an error or injustice has occurred.
A complete copy of the Air Force evaluation is attached at
Exhibit H.
The Selection Board Secretariat, AFPC/DPPB, disagrees with
applicant’s contention that the Air Force has neither produced nor
used standard operating procedures for selection boards. Upon
approval and publishing of Department of Defense Directive (DODD)
1320.12, Defense Officer Promotion Program (4 Feb 92), all Air Force
promotion boards were placed on hold pending a complete rewrite of
AFR 36-89, Promotion of Active Duty List Officers. Only after the
new 36-89 was approved by the Office of the Secretary of Defense and
published 17 Apr 92, did DPPB resume promotion boards.
Applicant’s allegation that a quality review worksheet is illegally
used by the board is unfounded. One of the major responsibilities
of the board president is to ensure consistent scoring across the
panels and the computer-generated data (referred to as a quality
review sheet) is just one tool the board president can use to ensure
consistent scoring. It is transitory in nature and destroyed along
with other notes, scores, and administrative paperwork from
selection boards upon approval of the board results by the Deputy
Secretary of Defense.
The scoring scale used by the Air Force is from 6 to 10 in half
point increments and board members are briefed to try to apply a 7.5
score to an “average” record and to try to use the entire scoring
range throughout the evaluation process. Recognizing that the
scoring of records is a subjective process, it should come as no
surprise that individuals may have a slightly different definition
of what constitutes an “average” record. Additionally, history has
revealed that a given board member may be a more liberal scorer than
other board members and have a higher distribution of scores, i.e.,
from 7 to 10. On the other hand, a given board member may be a more
conservative scorer and have a distribution of scores from 6 to 9.
In either of these examples, a 7.5 score would not likely be the
“average” record. As long as each board member applies their
individual standard consistently throughout the scoring process,
each consideree will get a fair and equitable evaluation. Only when
two or more board members score the same record with a variance of
two or more points, i.e., 7 and 9 or 7 and 9.5, does significant
disagreement occur and through discussion the variance is resolved,
i.e., less than 2 points variance.
Applicant’s allegations that the boards were instructed (illegally)
to give favored treatment to females and minority officers is
without merit. The guidance to the applicable boards directed board
members to give a fair and equitable evaluation to every eligible
officer. Further, the SSB process is conducted in accordance with
all governing directives.
A complete copy of the Air Force evaluation is attached at
Exhibit I.
The Chief, Promotion, Evaluation & Recognition Division, AFPC/DPPP,
reviewed applicant’s requests and indicated that both Congress and
DOD have made clear their intent that errors ultimately affecting
promotion should be resolved through the use of SSBs. DPPP does not
understand the purpose behind the applicant’s appeal of the
contested PRF since he is requesting direct promotion. PRFs are
accomplished for the sole purpose of being reviewed by promotion
boards. To replace the applicant’s PRF and directly promote him
would be pointless. Further, Air Force officer promotions are a
competitive process and to directly promote the applicant would
circumvent the competitive nature of that process. DPPP is opposed
to the Board upgrading the promotion recommendation on applicant’s
CY91B PRF. Even if he were to prove the promotion system illegal,
they do not understand how this correlates to his promotion status.
If the boards were found to be illegal, the remedy would not be to
promote the applicant. A reaccomplishment of the boards would be
the only logical remedy. The “evidence” the applicant provided to
document this appeal is virtually identical to that which DPPP has
repeatedly reviewed with other appeals and have found to be nothing
more than unsubstantiated conjecture, wholly without merit. Other
than his own opinions, the applicant has provided no substantiation
to his allegations. DPPP strongly recommends denial of the
applicant’s request for direct promotion.
A complete copy of the Air Force evaluation is attached at
Exhibit J.
The Senior Attorney-Advisor, AFPC/JA, also reviewed applicant’s
requests and provided a six-page response, addressing his
contentions. JA indicated that applicant’s request for
reconsideration should be denied since he has failed to meet the
requisite criteria for reconsideration and the application should be
denied on that basis. Moreover, on the merits, applicant has failed
to present relevant evidence of any error or injustice warranting
relief.
A complete copy of their evaluation is attached at Exhibit K.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluations and provided a five-
page response, stating, in part, that he is embarrassed at how the
advisory opinions treated good faith statements from four senior
officers and a senior NCO who attempted to support his appeal. He
believes that a careful reading of his attachments and the
deficiencies he identified in the advisory support some Board
action.
Applicant’s complete response, with attachments, is attached at
Exhibit M.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We have reviewed the entire
application, including the supporting documentation submitted.
Applicant’s numerous contentions and allegations concerning the
statutory compliance of central selection boards, the promotion
recommendation appeal process, flawed PRF procedures, and the legality
of the SSB process, in our opinion, have no merit. The detailed
comments provided by the appropriate offices of the Air Force
adequately address these issues. In view of the foregoing, we agree
with the recommendations made by these Air Force offices and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice and therefore find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
DECISION OF THE BOARD:
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 23 October and 7 December 2000, under the
provisions of Air Force Instruction 36-2603:
Mr. Benedict A. Kausal, IV, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Henry Romo, Jr., Member
The following documentary evidence was considered:
Exhibit F. ROP, dated 31 Mar 97, w/atchs.
Exhibit G. Letter fr applicant, undated, w/atchs.
Exhibit H. Letter, AFPC/DPPPE, dated 16 May 00.
Exhibit I. Letter, AFPC/DPPB, dated 2 Jun 00.
Exhibit J. Letter, AFPC/DPPP, dated 16 Jun 00.
Exhibit K. Letter, AFPC/JA, dated 30 Jun 00.
Exhibit L. Letter, AFBCMR, dated 14 Jul 00.
Exhibit M. Letter fr applicant, dated 8 Aug 00, w/atchs.
BENEDICT A. KAUSAL, IV
Panel Chair
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