Search Decisions

Decision Text

AF | BCMR | CY2000 | 9602325A
Original file (9602325A.doc) Auto-classification: Denied


                           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


Similar Decisions

  • AF | BCMR | CY1998 | 9602325

    Original file (9602325.pdf) Auto-classification: Approved

    As a result of decisions by the Officer Personnel Records Review Board (OPRRB) to remove the applicant's OPRs closing 4 Feb 90 and 3 Oct 90, and the Evaluation Report Appeal Board (ERAB) to remove his OPRs closing 1 Jul 92 and 7 Jun 93 and replace his P0695A Promotion Recommendation Form (PRF), on 31 Jul 95, he was considered by an SSB for promotion to the grade of colonel by the CY95A Central Colonel Chaplain Board, which convened on 15 Mar 95. It is not within their discretion to...

  • AF | BCMR | CY2000 | 9702572A

    Original file (9702572A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-02572 COUNSEL: NONE HEARING DESIRED: YES RESUME OF CASE: On 12 February 1998, the Board considered applicant’s requests that his nonselections for promotion to the grade of major beginning with the Calendar Year 1993 (CY93) Central Major Board be declared void and his records be corrected to reflect selection for promotion to the grade of major by the CY93 board and...

  • AF | BCMR | CY2000 | 9903129

    Original file (9903129.doc) Auto-classification: Denied

    His Duty Air Force Specialty Code (DAFSC) on his PRF is K12R3B and should be L12R3B. A complete copy of the DPAPS evaluation is at Exhibit C. The Evaluation Board Branch, AFPC/DPPPEB, reviewed this application and recommended denial of the applicant’s request to change the DAFSC on the PRF. No evidence has been presented which has shown to our satisfaction that the AFAM and PRF were not in his records prior to the convening of the CY97C board, his PRF was unfairly annotated, or that his...

  • AF | BCMR | CY2003 | BC-1996-02325

    Original file (BC-1996-02325.doc) Auto-classification: Approved

    Moreover, the Court determined that the statistical data presented by the plaintiff in that case was not conclusive evidence that the Air Force’s SSB procedure failed to make a “reasonable determination” of whether the plaintiff would have been promoted by the original board or that it failed to “replicate” the procedures of the original selection board “to the maximum extent possible.” In concluding that the Air Force’s SSB procedures were lawful, the Court noted that it was not its role to...

  • AF | BCMR | CY2001 | 9900569

    Original file (9900569.doc) Auto-classification: Denied

    In support of the appeal, applicant submits a personal statement, a statement from the rater and statements from individuals outside the rating chain. They further state, to grant a direct promotion would be unfair to all other officers who have extremely competitive records and also did not get promoted. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale...

  • AF | BCMR | CY1998 | 9601420

    Original file (9601420.pdf) Auto-classification: Denied

    SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-01420 COUNSEL: NONE HEARING DESIRED: NO RESUME OF CASE: In an application dated 23 April 1996, applicant requested that he be considered for promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year 1994A (CY94A) Central Major Board with a reaccomplished Promotion Recommendation Form (PRF), a corrected duty title on his 14 July 1993...

  • AF | BCMR | CY2000 | 9602238

    Original file (9602238.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY1999 | 9803569

    Original file (9803569.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03569 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY96A (4 Mar 96) Major Selection Board (P0496A), with inclusion of the corrected Promotion Recommendation Form (PRF) provided; the citations...

  • AF | BCMR | CY2002 | 0102342

    Original file (0102342.doc) Auto-classification: Approved

    The AFPC/DPPPA evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 2 November 2001, for review and response. Since the report was not timely filed in his records through no fault of the applicant, we recommend that he applicant be considered for promotion to the grade of colonel by SSB for the CY01A board. ...

  • AF | BCMR | CY2000 | 9900969

    Original file (9900969.doc) Auto-classification: Approved

    Since the AFBCMR Directive returning him to active duty was voided, the Jan 99 SSB never existed. Based upon the evidence submitted, he believes the AFBCMR Directive, dated 15 Sep 98, should be reinstated, his records corrected and he receive SSB consideration for promotion to major. c. As to the issue of the P0494A Selection Board, the Board majority noted the comments from the Air Force (HQ AFPC/DPPPA) indicating that the applicant is not eligible for promotion consideration by the...