RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02293
                       INDEX CODE:   100.00
      APPLICANT  COUNSEL:  Mr. David E. Wheeler &
                                     Mr. Freddy B. Ruiz
      SSN        HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was selected to attend  an
Intermediate Service School in  residence  when  he  was  promoted  to
major/O-4.

In an addendum dated 16 Aug 01, the applicant  further  requests  that
his record be considered  at  a  Special  Selection  Board  (SSB)  for
consideration to attend Intermediate Service School in residence;  and
if his record is selected for an SSB that he be allowed to  forward  a
letter (enclosed) to the Board President (Exhibit G).

In a second addendum, dated 20 Sep 01, the applicant requests that his
record be corrected to reflect that:

     a.  He was selected by the promotion  board  as  a  candidate  to
attend ISS in residence without the burden of meeting an SSB.

     b.  He was nominated by his senior rater to meet a  separate  ISS
selection board without the burden of meeting an SSB.

     c.  He met a separate ISS selection board and he was selected  to
attend ISS in residence.

     d.   He be granted a waiver from the "three year time limit"  and
he be allowed to attend ISS in residence in Aug 02 or he be granted an
"Operational Deferment."

     e.  That he receive any and all  other  relief  to  which  he  is
entitled by law or equity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Mar 00 he was passed over for promotion to lieutenant  colonel/O-5.
He contacted AFPC promotions to inquire about his not  being  selected
for promotion.  He was informed that due to the negative comments  and
remarks on his officer evaluation report (OER) by Capt T. he  was  not
selected for promotion.

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.

On 9 May 01, the Air Force Board for Correction  of  Military  Records
(AFBCMR) considered and  by  majority  vote,  denied  the  applicant's
request to have his OER for the period of 3 Jun 85 through 12 Dec  85,
be declared void  and  replaced  with  a  reaccomplished  OER;  to  be
promoted to the grade of lieutenant colonel, to be  effective  with  a
date  of  rank  in  accordance  with  the  Calendar  Year  (CY)  1999B
Lieutenant Colonel Board; and that he be  selected  to  attend  Senior
Service School (SSS) in residence and that  he  receive  any  and  all
other relief in law and in equity to which he may  be  entitled.   The
Director, Air Force Review Boards Agency,  agreed  with  the  minority
member and directed that  the  applicant's  records  be  corrected  to
reflect that the OER rendered for the period 3 Jun 85 through  12  Dec
85, be declared void and removed from his records and replaced with  a
reaccomplished OER rendered for the same period 3 Jun  85  through  12
Dec 85, which reflects in Section III, Performance Factors,  a  rating
of "1."  It was further directed that a Special Selection Board  (SSB)
consider the applicant  for  promotion  to  the  grade  of  lieutenant
colonel for the  CY  1999B  Lieutenant  Colonel  Board,  and  for  any
subsequent boards in which the above corrections were not a matter  of
records.  Further, if the applicant  was  selected  for  promotion  to
lieutenant colonel that he be considered for Senior Service School in-
residence.  A complete copy of the Records of Proceedings is  attached
at Exhibit B.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPAP states that promotion boards do not select  officers  to
attend ISS in-residence; they only determine which promotees  will  be
candidates for ISS.  ISS candidacy only indicates that the promotee is
in the top 20-25 percent of his year group.  Being  nominated  for  an
ISS candidacy does not guarantee  in-residence  ISS  attendance.   The
senior rater may or may not elect to  nominate  a  candidate  or  non-
candidate to an ISS Selection Board.  The  ISS  Selection  Board  will
only consider those  candidates  and  non-candidates  that  have  been
nominated  by  their  senior  raters.   DPAP  recommends  denying  the
applicant's request based on the established selection  procedures  of
ISS.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

After reviewing  the  additional  two  addendums  to  the  applicant's
application, AFPC/DPAP states that selection to attend ISS is a 3-step
process:

     a.  Only the top 20% of majors are selected by the Central  Major
promotion board as major selectees for ISS candidates.

     b.  Senior raters may  nominate  some,  all,  or  none  of  their
candidates and a very limited  number  of  noncandidates  to  the  ISS
selection board.

     c.  The ISS selection board considers  nominated  candidates  and
noncandidates for selection to attend  PME  in-residence.   The  board
does not consider officers who were  not  nominated  by  their  senior
raters.

Additionally, selection by the Central Major Board does not  guarantee
ISS in-residence attendance.  AFPC/DPAP further states that  it  is  a
70% opportunity rated for candidates to actually attend ISS  over  the
course of 3 years of eligibility.

Based on  the  information  above  they  recommend  not  granting  the
requested relief (Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states the applicant's early career was irreparably damaged by
the negative remarks of the OER; thus eliminating him  from  selection
for career enhancing positions and advanced educational opportunities.
 The OER  was  attributable  in  his  nonselection  to  Captain.   The
negative report  was  a  key  factor  in  the  applicant's  not  being
nominated or selected as a candidate to attend ISS (Exhibit G).

_________________________________________________________________

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.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  The applicant contends that the OER closing
12 Jun 85, which has now been voided and reaccomplished, served as the
basis for his non-selection for ISS candidacy.  However, we note  that
despite this same OER, he was selected for promotion to the  grade  of
major.   Therefore,  the  applicant  has  not   established   to   our
satisfaction that this OER was  the  sole  basis  for  his  not  being
nominated as an ISS candidate.  Further, we find no evidence that  had
he been selected as a candidate  that  his  senior  rater  would  have
recommended him to the ISS Selection Board.  In fact, even if  he  had
not been selected as an ISS candidate by the Major's Board his  senior
rater could have  recommended  him  as  a  non-candidate  to  the  ISS
Selection  Board.   In  this  respect,  a  promotion  board  does  not
determine selection to attend ISS in residence if promoted  to  major.
Rather, promotion  boards  only  determine  which  promotees  will  be
candidates and candidacy only indicates that the promotee  is  in  the
top 20-25 percent of his/her year group.  Further, it is at the senior
rater's discretion  to  nominate  or  not  nominate  a  candidate/non-
candidate for ISS.  The ISS selection board only considers  candidates
and  non-candidates  that  were  nominated  by  their  senior   rater.
Further, selection as a candidate  for  ISS  does  not  guarantee  in-
residence attendance.  Therefore, in the absence of clear-cut evidence
that he would have been a selectee for  ISS,  we  find  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 12 December 2001, under the provisions of AFI 36-
2603:

                       Mr. Henry Romo, Jr., Panel Chair
                       Mr. Patrick R. Wheeler, Member
                       Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Jul 01, w/atchs.
      Exhibit B. Record of Proceedings, dated 13 Jun 01.
      Exhibit C. Letter, HQ AFPC/DPAP, dated 21 Aug 01.
      Exhibit D. Letter, SAF/MIBR, dated 31 Aug 01.
      Exhibit E. Letter, HQ AFPC/DPAP, dated 30 Oct 01.
      Exhibit F. Letter, SAF/MIBR, dated 5 Nov 01.
      Exhibit G. Counsel's Response, dated 29 Nov 01.




                             PATRICK R. WHEELER
                             Acting Panel Chair