ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 96-02325
INDEX CODE: 131.09
COUNSEL: GARY R. MYERS
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be directly promoted to the grade of colonel.
_________________________________________________________________
RESUME OF THE CASE:
On 31 Mar 98, the Board considered an application for correction of
military records pertaining to the applicant, in which he requested
that he be directly promoted to the grade of colonel with a date of
rank (DOR) which the Board determines to be proper. The Board
recommended that his records be corrected to show that the Promotion
Recommendation Form (PRF) prepared for consideration by the CY95A
Colonel Chaplain Board be amended in Section VI, Group Size, to read
“6” rather than “1,” and, that he be given Special Selection Board
(SSB) consideration by the CY95A Colonel Chaplain Board with the
corrected PRF. The Board’s recommendation was approved by the
Director, Air Force Review Board’s Agency on 4 May 98 A complete copy
of the Record of Proceedings is at Exhibit E (with Exhibits A through
D).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not selected for promotion by the SSB directed by the Board.
He will never be promoted without the Board’s intervention. He has
four Officer Performance Reports (OPRs) which were expunged from his
records because of bias against him. No SSB can promote him in such a
vacuum. The system is working, but the result is wrong and only the
Board can correct it. He requests that the Board do so with dispatch
as the inequity is long standing and the involved, tortuous record is
well known to the Board.
In support of his appeal, the applicant provided a copy of the
Memorandum for the Chief of Staff directing that his records be
corrected, and supportive statements.
Applicant’s complete submission is at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Directorate of Personnel Program
Management, AFPC/DPP, reviewed the applicant’s most recent submission
and recommended denial. In DPP’s view, the applicant has been
provided due process. To directly promote the applicant would be an
unfair advantage over other officers who also had records corrections
and were nonselected. The applicant has not provided the new evidence
required to reopen this appeal. They did not and still do not support
direct promotion in the applicant’s case. The SSB was, and is, the
appropriate avenue of relief, and by virtue of his nonselection by the
SSB, it is apparent his record is not of the quality necessary to
warrant promotion to the grade of colonel.
A complete copy of the DPP evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response, the applicant indicated that at this point, all
possible written corrections to his record have been made by the
Board. Now it is up to the Board to do what is right. All he ever
wanted was a fair shot at promotion. It is a consistent belief by Air
Force leadership that they should do all within their power to cure an
injustice against an Air Force member, and he respectfully asks the
Board to cure this injustice and direct his promotion to colonel. He
recognizes that many injustices in life cannot be remedied; however,
he feels that justice can be served by the Board’s power to correct
his record, stop this injustice, and promote him.
Applicant’s complete response and additional documentary evidence are
at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In an earlier finding, we determined that there was insufficient
evidence to warrant any corrective action regarding the applicant’s
request that he be directly promoted to the grade of colonel. The
Board reviewed the applicant’s most recent submission and his
contentions were duly noted. However, a majority of the Board does
not find the applicant’s assertions and the documentation presented in
support of his appeal sufficiently persuasive to warrant a reversal of
the Board’s previous determination in this case. Therefore, in the
absence of clear-cut evidence indicating that the applicant was not
afforded full and fair consideration for promotion to the grade of
colonel by a duly constituted SSB, or that he was treated differently
than other similarly situated individuals, a majority of the Board
adheres to the Board’s original decision and concludes that no basis
exists to act favorably on the applicant’s request for direct
promotion to the grade of colonel.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 Apr 00 and 17 Oct 00, under the provisions of
AFI 36-2603:
Mr. Benedict A. Kausal IV, Chair
Ms. Dorothy P. Loeb, Member
Mr. Richard A. Peterson, Member
By a majority vote, the Board voted to deny the request. Ms. Loeb
voted to grant the request but did not desire to submit a minority
report. The following additional documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 4 May 98, w/atchs.
Exhibit F. DD Form 149, dated 11 Feb 99, w/atchs.
Exhibit G. Letter, AFPC/DPP, dated 11 Jun 99.
Exhibit H. Letter, SAF/MIBR, dated 28 Jun 99.
Exhibit I. Letter, applicant, dated 26 Aug 99, w/atch.
BENEDICT A. KAUSAL IV
Chair
AFBCMR 96-02325
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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