RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01245, Cse 2
INDEX CODE: 131.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
Rectification of his hampered potential for promotion to lieutenant
colonel due to a wrongful five-year removal from the cockpit. He
requests rectification via:
a. Direct promotion to lieutenant colonel.
b. Allocation of a Definitely Promote recommendation on
his revised Promotion Recommendation Form (PRF) and competition on
another Special Selection Board (SSB) for the CY99A lieutenant
colonels board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His five year absence from flying put him at a disadvantage in
receiving actual in-depth flying experience and progressing in the
aviation community.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the
grade of major.
In Jun 86 the applicant was involved in a mishap which resulted in the
loss of the aircraft. He appeared before a Flying Evaluation Board
(FEB) in Nov 86 and the FEB recommended he remain qualified for
aviation service. The convening and reviewing authorities disagreed
with the FEB and recommended disqualification. The applicant was
disqualified on 5 Jan 88 from aviation service.
The applicant submitted an application to the Air Force Board for
Correction of Military Records (AFBCMR) on 25 Apr 89, to be reinstated
to aviation service qualification and the institution of appropriate
aeronautical orders and administrative actions. The AFBCMR on 22 Aug
90 reviewed the application and recommended that the applicant's
records be corrected to show that the Aeronautical Orders suspending
him from flying be revoked and he be awarded credit for Operational
Flying Duty Accumulator (OFDA) for the period of 1 Oct 88 through 31
Mar 91.
Applicant was considered, but not selected for promotion to the grade
of lieutenant colonel by the CY99A and CY99B lieutenant colonel
promotion boards.
The applicant filed an appeal to his CY99A promotion recommendation
form (PRF) in Aug 99 and subsequently met a special selection board
(SSB) on 10 Jan 00. He was not selected for promotion by the SSB.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Officer Evaluation Board Section, HQ AFPC/DPPPEB, reviewed
this application and states in order for the applicant to receive a
Definitely Promote (DP) recommendation on his PRF that was previously
corrected, he would again need the senior rater and the Management
Level Review (MLR) President's support. In the applicant's case Lt
Gen M. was his rater and the MLR President, the applicant stated that
in his application that the Lt Gen M. signed his revised PRF but did
not allocate a DP to him.
The applicant refers to his lack of flying time as the reason for his
non-selection for promotion, but his senior rater refers to another
factor for his non-selection. The senior rater pointed out the lack
of depth and stratification. Stratification is an indication of an
evaluator's overall impression of a ratee's performance and potential.
A consistent lack of stratification is a significant part of the
applicant's record and is not attributed to a lack of time in flying.
DPPPEB takes exception to the applicant's focus on lack of progression
in the "flying arena." Within the Air Force, many officers who for a
variety of reasons, do not follow a normal career path, but they
progress and do very well when meeting the promotion processes. They
recommend disapproval of the applicant's request to receive a "DP" on
his revised PRF.
A copy of the Air Force evaluation is attached at Exhibit C.
The Chief, Promotion, Evaluation & Recognition Division, HQ AFPC/DPPP,
states they concur with the AFPC/DPPPEB evaluation relating to the
applicant's PRF. The Air Force's policy on evaluation reports is the
report is considered accurate once written and it becomes a matter of
record. To challenge a PRF it is necessary to hear from the senior
rater and the MLR board president. Although the applicant had the
support of his senior rater to change the wording on his PRF in his
initial request, he did not have that support from the senior rater or
the MLR board president to upgrade his PRF to a DP. DPPP further
states that an officer may be qualified for a promotion, but it is the
judgement of the selection board, that the applicant may not have been
the best candidate for promotion. The board when applying the
complete promotion criteria is in the most advantageous position to
render the vital determination in the promotion process and the
board's authority should not be usurped except under extraordinary
circumstances. Further, to grant the applicant's request for a
promotion would be unfair to all the other officers who had extremely
competitive records, and were not selected for promotion. Based on
the evidence provided they recommend denying the requested relief.
A copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
30 Jun 00, for review and response. As of this date, no response from
the applicant has been received by this office. However, on 21 Jul
00, the applicant withdrew his case in order to obtain additional
support for his request. On 13 Jun 01, the applicant requested that
his case be reopened. The applicant submitted additional letters of
support with his request which are attached at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and the applicant’s submission, the Board
agrees with the opinions and recommendations of the Air Force and
adopts their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. With
respect to the applicant's request for a "DP" recommendation on the
contested PRF, he would have needed the support of his senior rater
and the MLR board president. While he had the support of the senior
rater to sign the revised PRF, we find no evidence of support for a
"DP." The applicant feels his lack of flying and lack of progression
in the flying arena are reasons for his not being selected during the
promotion process; however, as noted by the Air Force, many officers
have not been able to follow a normal career path, but have progressed
and have done well in the promotion process. Applicant's request for
direct promotion was considered; however, the Board observes that an
officer may be qualified for promotion, but, in the judgment of a
selection board, vested with the discretionary authority to make the
selections, may not be the best qualified of those available for the
limited number of promotion vacancies. Therefore in the absence of
clear-cut evidence that he would have been a selectee by the promotion
boards in question, a duly constituted selection board is in the most
advantageous position to make this vital determination and its
prerogative to do so should only be usurped in extraordinary
circumstances. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD RECOMMENDS 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 8 August 2001, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Melinda J. Loftin, Member
Mr. Dale O. Jackson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 00, w/atchs.
Exhibit B. Applicant's Officer Selection Brief.
Exhibit C. Letter, HQ AFPC/DPPPEB, dated 25 May 00.
Exhibit D. Letter, HQ AFPC/DPPP, dated 16 Jun 00.
Exhibit E. Letter, SAF/MIBR, dated 30 Jun 00.
Exhibit F. Applicant’s Response, dated 13 Jun 01.
VAUGHN E. SCHLUNZ
Panel Chair
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