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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