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AF | BCMR | CY2001 | 0000026
Original file (0000026.doc) Auto-classification: Denied

                                 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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