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 continuous active duty service since his
separation, with restoration of all back pay and allowances, to include
carryover of the maximum amount of leave for the period of leave he was not
on active duty. The Board found sufficient evidence to warrant the
applicant’s reinstatement to active duty. However, the Board found no
evidence of an error or injustice to warrant reinstatement of accrued leave
in excess of 60 days (Exhibits A through C).
In a letter, dated 31 March 1999, the applicant provided additional
evidence and requests his records be corrected to reflect promotion to the
grade of lieutenant colonel as if selected by the CY99 Central Lieutenant
Colonel Selection Board (Exhibit D).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the application and
states that according to MPF Memorandum 98-47, dated 7 December 1998, the
applicant should have received a Directed by Headquarters Air Force OPR if
he did not have an OPR or Training Report (TR) in his Officer Selection
Record (OSR) documenting accomplishments since his return to active duty.
In the applicant’s case, his OSR contained a TR, closing 31 March 1999,
reflecting the grade of major. In addition, the applicant wrote a letter
to the CY99A board explaining the reason he did not have performance
reports in his OSR reflecting his current grade of major. Therefore, the
board was aware of his accomplishments as a major since his return to
active duty in July 1998 and why his OSR did not contain OPRs reflecting
his grade of major. As such, neither Special Selection Board (SSB)
consideration or direct promotion is warranted.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that, contrary
to the Air Force’s opinion, his situation does fall into the category of an
extreme case warranting a change in the board results. The four-year
performance void as a major did not allow the central board to evaluate his
promotion potential with his peers. For his first promotion consideration,
he had only one document as a major (PRF) for the board to review.
However, the PRF was flawed because the void in his records virtually
eliminated any opportunity for him to fairly compete for a “Definitely
Promote” recommendation. For his second consideration, he had only two
documents written on him as a major (PRF & OPR covering 64-day period).
The TR did little if anything to fill that void. While his letter to the
board president did explain why he had a four-year gap, it did not help
fill the void. As noted by his senior rater, an alternative to directly
promoting him would be to set aside his non-selections and allow him to
compete in the next cycle as an in-the-promotion-zone (IPZ) consideree.
The applicant cites a previous AFBCMR case (95-03399) in which another
major had a three to four year void on the top of his record and the Board
directed his promotion.
In further support of the appeal, applicant submits statements from his
senior raters and briefing charts from the CY99 board.
Applicant’s complete response, with attachments, is attached at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Sufficient relevant evidence has been presented to demonstrate the
existence of a probable error or injustice to warrant setting aside the
applicant’s nonselections for promotion and allowing him to compete IPZ by
the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board.
As a result of previous Board actions, the applicant was reinstated to
active duty and selected for promotion to the grade of major by an SSB for
the CY93 board. He was considered IPZ and nonselected for promotion to the
grade of lieutenant by the CY99A board. However, at the time of this
consideration, the only documents in his OSR reflecting his grade of major
were a TR and PRF. His OSR did not contain any OPRs. He was also
considered by the CY99B board with only two documents written on him as a
major (PRF & OPR covering a 64-day period). In support of applicant’s
request the senior raters during the period in question have provided
statements indicating that, given the absence of a sufficient performance
record, he was denied an opportunity to compete for a “Definitely Promote”
recommendation and IPZ consideration to lieutenant colonel. The CY99A
senior rater recommends that the applicant’s nonselections be set aside;
thereby, making him eligible for the CY00A Lt Col promotion board as an IPZ
candidate. We agree. While it cannot be conclusively determined whether
or not the absence of OPRs reflecting his performance as a major was the
sole reason for his nonselections, we do believe that it served to deprive
him of fair and equitable consideration. In view of this finding and
noting the supporting statements from the applicant’s rating officials, we
recommend that his nonselections be set aside and that he be considered IPZ
by SSB for the CY00A Central Lieutenant Colonel Selection Board.
2. We noted applicant’s request for direct promotion by this Board.
However, we believe that a duly constituted SSB applying the complete
promotion criteria is in the most advantageous position to render this
vital determination; and, that its prerogative to do so should only be
usurped under extraordinary circumstances.
3. 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(s) involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that he was not considered for promotion
to the grade of lieutenant colonel by the Calendar Years 1999A and 1999B
Central Lieutenant Colonel Selection Boards.
It is further recommended that he be considered by Special Selection Board
for promotion to the grade of lieutenant colonel beginning with the CY2000A
Central Lieutenant Colonel Selection Board.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 8 November 2000, under the provisions of AFI 36-2602:
Mr. Benedict A. Kausal, IV, Chair
Mr. Henry Romo, Jr., Member
Mr. Gregory H. Petkoff, Member
Mr. Phillip E. Horton, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibits A - C. Record of Proceedings, dated 6 Mar 98,
w/atchs.
Exhibit D. Letter, Applicant, dated 31 Mar 99, w/atchs.
Exhibit E. Letter, AFPC/DPPPA, date27 Sep 99, w/atchs.
Exhibit F. Letter, SAF/MIBR.
Exhibit G. Letter, Applicant, dated 29 May 00, w/atchs.
BENEDICT A. KAUSAL, IV
Chair
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