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AF | BCMR | CY2001 | 0002473
Original file (0002473.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  00-02473
                       INDEX CODE:  131.01
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

She be promoted to the rank of lieutenant colonel.
___________________________________________________________________

APPLICANT CONTENDS THAT:

Persistent errors in her records before  three  separate  boards,  including
one Special Selection Board (SSB), have effectively denied her  a  fair  and
just consideration for promotion.  At her in-the-promotion-zone (IPZ)  board
(CY97B), her records were missing the training report for her  LLM  program.
The SSB that met to correct this error  in  September  1998  had  the  wrong
promotion  recommendation  form  (PRF)  (an  old  one  from  her  below-the-
promotion zone (BPZ) board).  The personal data in her records that went  to
her above-the-zone (APZ) board (CY99A) did  not  reflect  her  current  duty
assignment.   The  cumulative  effect  of  these  injustices,  despite   her
diligent efforts, including  the  pursuit  of  all  administrative  remedies
available to her, have resulted in the  denial  of  a  fair  opportunity  to
compete successfully for promotion to lieutenant  colonel  and  have  caused
significant damage to her career.

In support of the application, the applicant provides a personal  statement,
copies of PRF's and OSB's, a copy of the  original  and  corrected  training
report (TR), memorandum of instructions to the CY97E  and  CY99A  lieutenant
colonel selection boards, the 14 Sep 98 and the 8 Mar 99 SSB's, her  officer
selection record (OSR) prepared 16 Nov 99, and other documents  relative  to
the issue under review.

A complete copy of the submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  major
with a total active federal military service date (TAFMSD) of 8 Jan 86.

The applicant was considered and not selected for  promotion  to  lieutenant
colonel by the PO599E, PO599A and  the  PO599B  Central  Lieutenant  Colonel
Selection Boards.  As a result of an Evaluation Reports Appeal Board  (ERAB)
approved substitution of a training report that closed out  on  12  May  95,
she was granted and received SSB consideration for the  PO597E  board.   The
SSB convened on 14 Sep 98, but  was  declared  null  and  void  because  her
record met the SSB with her BPZ PRF rather than  her  IPZ  PRF.   The  newly
scheduled 8 Mar 99 SSB reviewed her record with the  corrected  TR  and  the
correct PRF.  The applicant was not selected for promotion.

The applicant has received one Training Report and  seven  OPR's  since  she
was promoted to major, all of which reflect "Meet Standards."

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, AFPC/DPPPA,  indicated  the  applicant
was granted SSB consideration to correct the 12 May 95 TR.  The  SSB  for
the PO597E board convened on 14 Sep 98, but was declared null and void as
stated in a memorandum from HQ AFPC/DPPB.  Her record with the  corrected
TR and the correct PRF was seen by the 9 Mar 99 SSB for the PO597E board.
 The applicant received fair supplemental promotion consideration to  the
grade of lieutenant colonel  and  was  not  selected.   Therefore,  DPPPA
disagrees with the applicant's statement "the cumulative effect  of  this
series of injustices…resulted  in  the  denial  of  fair  opportunity  to
compete successfully for promotion."

DPPPA states the applicant believes  an  incorrect  duty  title  met  the
PO599A board.  However, her duty title on the  PO599A  officer  selection
brief (OSB) was "Inst, Civ/Intnal/Ops Law AF JAGS," effective 30 Jun  95,
matching the 6 Mar 98 OPR duty title (Instructor, Civil Law Division  and
International/Operations Law Division, AFJAG School) which was on the top
of her record when the PO599A board convened.  In  addition,  her  PO599A
PRF  reflected  her  new  duty  title,  "Chief,   International   Affairs
Division," and  duty  location.   Therefore,  DPPA  maintains  the  board
considered this information when assessing her record for  promotion  and
she was given fair and proper promotion consideration during  her  PO599A
board.

DPPPA indicates the applicant's record was found in error, corrected, and
subsequently met an SSB, but she was not  selected  for  promotion.   Her
case clearly does not warrant  direct  promotion,  nor  does  it  warrant
further SSB consideration.  Therefore, based on  the  evidence,  and  the
facts related to this appeal, DPPA recommends denial.

A complete copy of the advisory is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  indicates  that  the
advisory is based upon an incorrect assessment of the facts and a  disregard
of certain fundamental principals of fairness.  The recitation of  facts  in
the advisory opinion misrepresents the sequence of  events  leading  to  her
application  and  the   critical   facts   establishing   that   all   other
administrative procedures have repeatedly failed to afford  her  appropriate
relief.  The series of errors before  successive  promotion  boards  created
precisely  the  "extraordinary  circumstances"  and  denial  of  fundamental
fairness the Board is chartered to correct.

The applicant  concludes  by  suggesting  she  may  be  experiencing  gender
discrimination within the Air Force JAG Department.   She  states  that  the
discrimination  issue  only  becomes  relevant  in  the  event   the   Board
determines that the proven  administrative  errors  are  not  sufficient  to
warrant promotion.  She states that corrective action by  the  Board  is  an
essential to restoring her standing in the JAG community  and  is  the  only
remedy that will afford her the chance for a  continued,  viable  career  in
the Air Force.

A complete copy of the rebuttal is at Exhibit E.

___________________________________________________________________

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  direct  promotion  or
further SSB consideration.  While the  Board  took  note  that  her  records
presented before several promotion  boards  contained  errors,  we  are  not
persuaded by the evidence presented that  the  cumulative  effect  of  these
errors denied the applicant a fair opportunity to compete  successfully  for
promotion.  In each  instance,  the  records  found  to  be  in  error  were
corrected.  The applicant's corrected records were  subsequently  considered
by an SSB for promotion to lieutenant colonel and she was not  selected  for
promotion.  Other than her own assertions,  she  has  provided  no  evidence
showing her records before the SSB which convened on 8 Mar 99 or  the  CY99A
Board were in error.  Inasmuch as the applicant has  not  provided  evidence
to persuade us to the contrary, we have no basis to  overturn  the  decision
of the duly constituted promotion boards and we agree with the  findings  of
the  Air  Force  office  of  primary   responsibility.    Accordingly,   the
applicant's request is not favorably considered.

_________________________________________________________________

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 9 January 2001, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Mr. Clarence D. Long, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Sep 00 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPA, dated 16 Oct 00.
    Exhibit D.  Letter, SAF/MIB, dated 27 Oct 00.
    Exhibit E.  Applicant's Response, dated 6 Nov 00.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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