RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01568
INDEX NUMBER: 131.00
XXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_______________________________________________________________
APPLICANT REQUESTS THAT:
He be granted promotion consideration to lieutenant colonel by Special
Selection Board (SSB) for the Calendar Year (CY) 1999A Lieutenant
Colonel Selection Board with the letter he previously wrote to the
CY99A board withdrawn.
_______________________________________________________________
APPLICANT CONTENDS THAT:
The letter he wrote to the board cast his record as a resident graduate
of Air Command and Staff College (ACSC) in a different light from other
resident graduates. This was obvious from his non-select counseling
when the counselor told him “you still didn’t sit in the classroom for
10 months.”
His 1999 resident completion date made his records transparent to the
selection board and caused them to question how he could have a
completion date of 1999 when the 1999 class had not yet graduated.
This caused board members to look for a training report and not find
one.
His tour at ACSC was the result of an agreement with the Air Force to
award him resident credit, not faculty credit, or nonresident credit.
He was never informed before he was hired as an ACSC faculty member
that he would have to give up his candidacy for resident PME. He
fulfilled his end of the bargain in good faith at a great cost. He has
not received “resident credit” and explaining program details casts his
records in doubt.
The applicant’s complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is 28 Feb
83. The applicant was considered but not selected for promotion to
lieutenant colonel by the CY99A promotion selection board. On 9 Nov
00, the AFBCMR granted the applicant promotion consideration by SSB for
the CY99A promotion board due to an error in his duty title. The Board
denied the applicant’s request to direct the SSB to score all records
with the intermediate service school (ISS) designator “residence” the
same (See Record of Proceeding at Exhibit B). The applicant was
considered for promotion by SSB on 22 Jan 01 and not selected.
_______________________________________________________________
AIR FORCE EVALUATION:
The Chief, Promotion, Evaluation & Recognition Division, evaluated the
application and recommends denial of the applicant’s request.
The applicant admits that once he discovered the true error on his
Officer Selection Brief (OSB) and advised the SSB office of the
corrected data, he should have asked that his letter to the board be
removed. Instead, applicant allowed the letter to meet the SSB. The
applicant had sufficient time once the record was corrected to request
his letter be withdrawn.
The complete evaluation is at Exhibit c.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded to the Air Force evaluation. The applicant
reiterated that he has not received the benefit of being a resident
graduate of ACSC as promised when he was recruited as an ACSC
instructor. The applicant attached additional letters of support for
his appeal. He also emphasizes that he came from a military family and
asks for the opportunity to continue serving in the next grade.
_______________________________________________________________
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 opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
primary basis for our conclusion that the applicant has not been the
victim of an error or injustice. We are not persuaded that the
applicant’s letter to the president of the selection board is the
overriding reason for his nonselection. The decision to write the
selection board president was a judgement call made entirely by the
applicant. We do not believe that it is fair or appropriate to provide
the applicant further promotion consideration based on conjecture.
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 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 20 September 2001, under the provisions of AFI 36-
2603:
Mr. Teddy L. Houston, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Roger E. Willmeth, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 01.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPP, dated 24 Jul 01.
Exhibit D. Letter, SAF/MIBR, dated 27 Jul 01.
Exhibit E. Letter, Applicant, dated 23 Aug 01.
TEDDY L. HOUSTON
Panel Chair
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