ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00026 (Case 2)
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be considered for promotion to colonel by a Special Selection
Board (SSB) for the CY98C Colonel Selection Board, which convened on 1
December 1998.
_________________________________________________________________
RESUME OF CASE:
On 17 May 2000, the Board considered and denied a similar appeal by
the applicant. A summary of the evidence considered by the Board and
the rationale for its decision is set forth in the Record of
Proceedings, which is attached at Exhibit F.
On 16 August 2000, the AFBCMR denied applicant's request for
reconsideration of her application (Exhibit G). The applicant has
provided additional new evidence for possible reconsideration of her
application (Exhibit H).
_________________________________________________________________
APPLICANT CONTENDS THAT:
HQ AFPC did not have her Training Report (TR) filed in her selection
folder in time for the start of the 1-8 December 1998 Colonel
Promotion Board (0698C). A stamp on the bottom of the official
selection folder copy indicates it was electronically retrieved three
(3) days later. Through a Freedom of Information Act (FOIA) request,
she was able to obtain a statement from AFPC that there was no way to
know what day her record was reviewed. She feels that the new
evidence supports her contention that her selection folder may have
been reviewed before the critical document (TR) was included. In
AFPC’s most recent response to her earlier inquiry, it states that
they [AFPC] have no way to verify the date or time that the board
reviewed her below-the-zone record. It could have been at any time
from the start of the board at 0800, 1 Dec 98, until the close of the
board at 1600, 8 Dec 98. An electronic annotation on the bottom of
her TR indicates that it was not retrieved for the board until 3 Dec
98, leaving an 18-month gap in her records at the time they may have
been reviewed for consideration. She believes this casts a reasonable
doubt that her folder was in good order at the start of the board.
In further support of her appeal, she has provided copies of her
Training Report (TR), with the electronic stamp, and letters from HQ
AFPC/MSIMD, dtd 29 June 2000, and HQ AFPC/MS, dtd 8 January 2001. A
complete copy of the applicant's submission is at Exhibit H.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as 15
August 1979. She is currently serving on active duty in the grade of
lieutenant colonel, with an effective date of rank of 1 April 1996.
She received four Officer Performance Reports (OPRs) and one Training
Report (TR) in the grade of lieutenant colonel, in which the overall
evaluations were “Meets Standards.” Applicant's profile for the last
five reporting periods follows:
Period Ending Evaluation
16 Nov 96 Meets Standards (MS)
5 Jun 97 MS
*# 10 Jun 98 Education/Training Report
## 10 Jun 99 MS
10 Jun 00 MS
* Contested TR
# Top report at the time she was considered and nonselected below-the-
zone for promotion to colonel by the CY98C Colonel Selection Board,
which convened on 1 December 1998.
## Top report at the time she was considered and nonselected below-the-
zone for promotion to colonel by the CY99A Colonel Selection Board,
which convened on 2 August 1999.
The contested training report (TR) from the Industrial College of the
Armed Forces (ICAF) was rendered for the period 6 June 1997 through 10
June 1998. The bottom of the contested report reflects a “Dec 03 1998
DPPB” stamp.
On 29 March 2000, the AFBCMR considered and denied applicant’s request
to have her Officer Selection Brief (OSB) corrected and SSB
consideration by the CY98C selection board. A copy of the ROP, Docket
Number 99-02656, is provided for your information.
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPPA,
reconfirmed the dates on which the P0698C selection board scored the
below-the-zone records. DPPPA stated that although the review date
and time is not recorded on each individual record, HQ AFPC/DPPB
confirmed that board members did not begin voting on below-the-zone
records until the latter part of the entire board process. Most
importantly, it is DPPB’s policy to file a document received shortly
before a promotion board only if the board members have not yet
reviewed the record. If the training report (TR) was not received
prior to the board reviewing the applicant’s below-the-zone record, it
would not have been date-stamped and filed until after the board
concluded. DPPPA indicated that the applicant can rest assured the TR
was on file in her record when it met the P0698C board. As such,
DPPPA stands by their original advisory opinion and does not support
Special Selection Board (SSB) consideration (Exhibit I).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 and
16 November 2000 for review and response. As of this date, no
response has been received by this office (Exhibit J).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of applicant’s request and her most recent
submissions, we are unpersuaded that a revision of the Board’s earlier
determination is warranted. Evidence has not been presented which
shows to our satisfaction that Air Force policy or instructions were
violated. We noted that HQ AFPC/DPPPA reconfirmed the dates on which
the CY98C Colonel Selection Board scored below-the-zone (BTZ) records
and that the applicant’s Training Report (TR) was on file in her
record when it met the CY98C Colonel Selection Board. In this
respect, we are convinced by the evidence presented that the TR in
question was in the applicant’s selection folder before the BTZ
scoring and “Yes/No” votes were taken. We therefore agree with the
opinion and recommendation of the appropriate office of primary
responsibility and adopt the rationale expressed as the basis for our
conclusion that the applicant has failed to sustain her burden of
establishing the existence of either an error or an injustice. In
view of the foregoing, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
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 30 March 2001, under the provisions of AFI 36-
2603:
Mr. Douglas J. Heady, Panel Chair
Ms. Peggy E. Gordon, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 18 May 00.
Exhibit G. Letter, AFBCMR, dated 16 Aug 00.
Exhibit H. Letters from applicant, dated 31 Aug 00, w/atchs,
and 23 Jan 00 [postmarked 26 Jan 01], w/atchs.
Exhibit I. Letter, HQ AFPC/DPPPA, dated 16 Oct 00.
Exhibit J. Letters, SAF/MIBR, dated 3 and 16 Nov 00.
DOUGLAS J. HEADY
Panel Chair
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