RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-02184
                 INDEX CODE:  131.09, 131.10
                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His P0598B promotion recommendation form  (PRF)  be  corrected  to  reflect
"Definitely Promote" and his records with the new PRF be  considered  by  a
special selection board (SSB) for promotion to lieutenant colonel.
___________________________________________________________________

APPLICANT CONTENDS THAT:

His records did not receive a fair and unbiased opportunity at the Group,
Wing and Headquarter levels and that the promotion system is unfair.  His
opportunity for promotion was reduced due to known Inspector General (IG)
complaints and investigations lodged by members of his unit.

In support of his request, applicant submits a personal statement, copies
of OPRs, a copy of the Evaluation Reports Appeal Board  (ERAB)  decision,
personal statements from senior officers and a  brief  expanding  on  his
contentions concerning the  unfair  promotion  system.   The  applicant's
complete submission is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

The  applicant  is  an  Officer  Training  School  (OTS)  graduate  who  was
appointed a second lieutenant in the Air Force Reserve on 22 December  1982.
 After completion of pilot training, he was awarded the aeronautical  rating
of  pilot.   He  was  integrated  into  the  Regular  Air  Force   and   was
progressively promoted to the grade of major  with  a  date  of  rank  of  1
November 1994.  Subsequent to his promotion to that grade, he received  five
(5) Officer Performance Reports (OPRs)  in  which  the  overall  evaluations
were "Meets Standards."  He was considered and  non-selected  for  promotion
to the grade of lieutenant colonel by the CY98B and CY99A Central  Selection
Boards.  As a result of a correction to his 14  October  1996  OPR,  he  was
considered and non-selected by the  PO598B  and  PO599A  lieutenant  colonel
special selection boards (SSBs) that convened  on  30  August  1999  and  10
January 2000.  The applicant was considered and non-selected  by  the  CY00A
lieutenant colonel board that convened on 28 November 2000.

___________________________________________________________________

AIR FORCE EVALUATION:

The Staff  Judge  Advocate,  AFPC/JA,  reviewed  the  case  and  recommended
denial.  The  applicant  filed  an  application  for  Correction/Removal  of
Evaluation Reports regarding the PO598B PRF on 15 September  2000,  but  the
ERAB returned the file without action on 27 September 2000  and  recommended
that the applicant obtain Management Level Review  (MLR)  and  senior  rater
support  for  changing  the  PRF,  in  accordance  with  AFI  36-2401.   The
applicant was able to secure an undated letter from  his  senior  rater  who
states "he should be an 0-5 now."  However, the rater does  not  state  that
the applicant would have been awarded a Definitely  Promote  (DP)  from  the
original pool of  officers.   The  letter  notes  the  error  regarding  the
service school recommendation "could have made a difference in  the  outcome
of the MLR", and that the correction "could have made a  difference  between
a "P" and a "DP" at the MLR.  Such comments do not meet the standard as  set
fourth in the AFI.   The  application  reflects  no  contact  with  the  MLR
President and offers no reason for this failure.  In the absence of  support
from the senior rater and the MLR President for  upgrading  the  applicant's
PRF recommendation,  as  required  by  AFI  36-2401,  or  other  substantive
evidence of a claim of error as to the PRF, JA  recommends  the  application
be denied (Exhibit C).

The Appeals and SSB Branch, AFPC/DPPPA, indicates the  applicant  previously
appealed his 14 October 1995 and 14 October 1996 OPRs.   The  ERAB  approved
correction of the 14 October 1996 OPR;  however,  the  request  for  the  14
October 1995 OPR was denied.  As a result of the correction,  the  applicant
was considered and  nonselected  by  two  SSBs.   AFPC/DPPPE  addressed  the
applicant's contentions regarding his P0598B PRF in  their  advisory,  dated
30 November 2000, and AFPC/DPPB  addressed  his  contentions  regarding  the
selection board process in their advisory, dated 27 October 2000.  Based  on
the  findings  of  both  offices,   DPPPA   does   not   support   promotion
consideration by the P0598B board, as there is  no  substantiated  error  in
the applicant's P0598B PRF and recommends denial of the applicant's  request
(Exhibit D).

The  USAF  Officer  Evaluation  Board  Branch,   AFPC/DPPPEB,   states   the
applicant's current request alleges there was an error  in  the  process  of
writing his PRF.  However, he doesn't contend  or  substantiate  there  were
any substantial errors in  the  PRF's  accuracy.   Without  a  substantiated
claim, it would be difficult to support the assertion that  a  breakdown  in
the  process  caused  his  nonselection.   DPPPEB  recognizes  it  might  be
difficult to get support for a revised PRF from his Senior Rater and/or  the
MLR President.  Therefore, DPPPEB recommends he document his efforts to  get
such support, and, should his efforts fail, fully explain  why  he  couldn't
get support from his chain of command.  These efforts on his part will  help
build the strongest application for  consideration  by  the  BCMR  and  SSB.
Subsequently, based on the lack of documentation, DPPPEB  recommends  denial
of the applicant's request for promotion reconsideration (Exhibit E).

The Selection Board Secretariat, AFPC/DPPB, indicates the applicant  alleges
the  Air  Force  promotion  process  is  illegal  and  provides   the   same
documentation  that  has  been  included  in  numerous  other   applications
submitted to the AFBCMR in the recent past.  An  advisory  written  by  DPPB
for an application submitted by a different  officer  was  included  in  the
applicant's package.  DPPB  stands  by  those  comments,  which  contains  a
referral to AFPC/JA addressing the  legality  of  the  Air  Force  promotion
process.  Should the AFBCMR approve the applicant's  request,  DPPB  has  no
objection to a new SSB.   Otherwise,  DPPB  recommends  disapproval  of  the
application (Exhibit F).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed and disagreed with the  Air  Force  evaluations.   In
further support of his appeal, he provided a copy of a PRF and  two  letters
from his former  commanders  expressing  their  support  and  their  opinion
concerning his promotion potential.  A  complete  copy  of  the  applicant's
rebuttal is at Exhibit H.

___________________________________________________________________

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 warranting the  applicant’s  PO598B
promotion recommendation form (PRF)  be  corrected  to  reflect  “Definitely
Promote.”  We believe, as  JAJM  has  indicated,  that  in  the  absence  of
support from  the  senior  rater  and  the  Management  Level  Review  (MLR)
President for upgrading the applicant’s PRF recommendation, as  required  by
AFI 36-2401, or other substantive evidence of a claim of  error  as  to  the
PRF, the applicant’s request for correction to the PRF can not be  favorably
considered.

4.  Notwithstanding the  above,  we  are  of  the  opinion  that  sufficient
relevant  evidence  has  been  presented  to  warrant  correction   to   the
applicant’s OPR closing 14  October  1995.   The  Board  took  note  of  the
rater’s and senior rater’s letters in support of the applicant’s request  to
correct the OPR in question  to  reflect  recommendation  for  selection  to
Senior Service School.  We therefore believe his OPR should be corrected  as
requested and, to preclude any possibility of a promotion injustice  to  the
applicant, that his corrected record should be considered for  promotion  by
an SSB for the CY98B Lieutenant Colonel Selection Board and  any  subsequent
boards in which the corrected OPR was not a matter of record.

5.  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 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  the  acronym  ISS  (Intermediate
Service School) in the last sentence of Sections VI and VII of  the  Officer
Performance Report rendered  for  the  period  15 October  1994  through  14
October 1995 be,  and  hereby  is,  amended  to  read  SSS  (Senior  Service
School).

It is further directed that he be considered for promotion to the  grade  of
lieutenant colonel by Special  Selection  Board  for  the  CY98B  Lieutenant
Colonel Board and any subsequent boards in which the  above  referenced  OPR
correction was not a matter of record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 3 April 2001, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Timothy Beyland, Member
      Mr. Roscoe Hinton, Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/JA, dated 28 Dec 00.
   Exhibit D.  Letter, AFPC/DPPPA, dated 18 Dec 00, w/atchs.
   Exhibit E.  Letter, AFPC/DPPPEB, dated 30 Nov 00.
   Exhibit F.  Letter, AFPC/DPPB, dated 27 Oct 00.
   Exhibit G.  Letter, SAF/MIBR, dated 12 Jan 01.
   Exhibit.H.  Letter, Applicant’s Response, dated 22 Jun 01, w/atchs.




                                  CHARLENE M. BRADLEY
                                  Panel Chair
AFBCMR 00-00292




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  the   acronym   ISS
(Intermediate Service School) in the last sentence of sections  VI  and  VII
of the Officer Performance Report  for  period  ending  14 October  1995  be
amended to read SSS (Senior Service School).

It is further directed that he be considered for promotion to the  grade  of
lieutenant colonel by a Special Selection Board  for  the  CY98B  Lieutenant
Colonel Board.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency