RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02299
            INDEX CODE:  111.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His recent AF Form 709, Promotion Recommendation Form (PRF), be  removed
from his records.

2.  His AF Form 475, Education/Training Report (TR), for the  period  1 July
1999 through 31 December 1999 be removed from his records.

3.  He be promoted to major based on his AF Form 707B,  Officer  Performance
Report (OPR), for the period 2 February 2000 through 1 February 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has always met Air Force weight standards; therefore,  the  contested  TR
and PRF referencing him not meeting weight standards  are  inaccurate.   The
contested TR for the period 1 July 1999 through 31  December  1999  contains
an inaccurate statement with regard to “failure to  go.”   The  “failure  to
go” incident was rescinded after he  presented  his  quarters  slip  to  the
Squadron Commander.  The TR is based on inaccurate  information  because  it
includes 6 ½ months that he did not serve  under  the  evaluator.   His  PRF
that met  the  promotion  board  contained  gross  inaccuracies  to  include
“weight management” issues and “failure to go.”

Without a doubt he has always been well respected  throughout  Wilford  Hall
with regard to his clinical acumen.  During his tenure in  the  ER,  he  has
often needed to act rapidly, with efficiency  and  to  be  able  to  rapidly
assess the extent of a patient’s injury.  His clinical acumen has been  well
documented by letters of support which further elaborate  on  situations  in
which his diagnostic ability was nothing less than outstanding.

In support of his request, applicant provides a copy of the  contested  PRF,
TRs, his rebuttal to the contested TR, an OPR  for  the  period  2  February
2000 through 1 February 2001, character reference letters,  and  a  copy  of
his  case  study  involving  complications  of  Nonoperative  and  Operative
Management.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system  reveals  that  the  applicant
was appointed a second lieutenant, Reserve of  the  Air  Force  on  5  April
1990.  Applicant participated in the HPSP program from 5 April 1990  through
20 April 1995.  On 22 April 1995, applicant was appointed a captain  Reserve
of the Air Force (Medical Corps) and was  voluntarily  ordered  to  extended
active duty on 9 December  1997.   Following  his  appointment,  his  record
indicates he received four  (4)  AF  Form  475,  Education/Training  Reports
documenting his Orthopaedic  Surgery  Residency  Training  Program  for  the
periods ending 30 June 1998, 30 June 1999, 31 December 1999 and  1  February
2000 respectively.

He was considered and not selected for promotion to the grade  of  major  by
the M0499A and M0400A central selection boards which convened on 8  November
1999 and 6 November 2000 respectively.

On 17 July 2001, the Office of the Secretary of the Air Force  approved  the
applicant’s temporary retirement from the  Air  Force  because  of  physical
disability due to bipolar disorder with a  compensable  physical  disability
percentage of 70 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends the application  be  partially  granted.   DPPP  states
that the applicant provided a rebuttal to the referral comments  in  the  TR
for the period 1 July 1999 through 31 December 1999.  As  a  result  of  the
applicant’s rebuttal the TR was corrected but was never filed  in  the  OSR.
DPPP states that the applicant was given a “Do Not Promote” as a  result  of
the  referral  comments  contained  in  the  TR  ending  31 December   1999.
However, a PRF was not  required  due  to  the  promotion  rates  being  100
percent.  DPPP states that the statement provided  by  the  command  support
staff regarding the applicant’s Air Force Weight Standards  does  not  prove
that he did not have a weight  problem.   The  applicant  has  not  provided
evidence from any other source that would indicate he did  not  have  weight
maintenance problems.  Additionally, he has not provided  a  statement  from
the squadron commander or any other evidence to show  the  “failure  to  go”
was dismissed.

DPPP recommends that the TR ending 1 February 2000 be  substituted  for  the
TR ending 31 December 1999.  However, the PRF is  correct  as  written  (see
Exhibit C).

AFPC/DPPPO recommends the application be partially granted and concurs  with
DPPP’s recommendation.  DPPPO states that the applicant  sent  a  letter  to
the CY00A central major board containing an explanation and support for  his
contention that his TR for the period 1 July 1999 through 31  December  1999
was not filed correctly.  Therefore, an SSB consideration is  not  warranted
for that board (see Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were  forwarded  to  the  applicant  for
review and response.  As of this date, no  response  has  been  received  by
this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice with respect to the removal of  the
Promotion Recommendation Form  (PRF)  and  the  referral  Education/Training
Report (TR) for the period 1 July 1999 through 31  December  1999.   Through
no fault of the applicant, his record was  incorrect  at  the  time  he  was
considered  by  the  CY00A  central  major  selection  board  in  that   the
reaccomplished TR for the period 1 July 1999 through  1  February  2000  was
not in his selection record.  The Board notes  that  the  evidence  provided
clearly indicates that a PRF was not required due  to  the  promotion  rates
being 100 percent; however, due to  the  referral  TR  a  referral  PRF  was
accomplished and filed in his selection record, thus creating an  inaccurate
assessment of his record.  Therefore, we  believe  that  the  contested  PRF
should be removed from his  records.   While  we  note  that  the  applicant
requests removal of the referral TR in its entirety,  we  are  in  agreement
with the recommendation of the Air Force  office,  AFPC/DPPP,  that  the  TR
should be replaced with the reaccomplished TR and do so recommend.

4.  In view of the above, it  is  the  Board’s  majority  opinion  that  his
record as presented before the central major  selection  board  in  question
deprived him of fair  and  equitable  consideration.   While  the  applicant
desires a promotion to major based on his AF Form 707B, Officer  Performance
Report, for the period 2 February 2000 through 1 February  2001,  the  Board
majority is not inclined to favorably consider this venue without using  the
Special Selection Board.   Therefore,  the  Board  majority  recommends  the
applicant’s corrected record, be considered for promotion to  the  grade  of
major by a Special Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  The Promotion Recommendation Form,  AF  Form  709,  rendered
for the (M0400A) major  central  selection  board,  be,  declared  void  and
removed from his records.

            b.  The Education/Training Report, AF  Form  475,  rendered  for
the period 1 July 1999 to 31 December 1999 be,  declared  void  and  removed
from his records.

            c.  A reaccomplished Education/Training  Report,  AF  Form  475,
rendered for the period 1 July 1999 through 1 February  2000,  was  accepted
for file in his Officer Selection Record on or before 5 November 2000.

      It is further recommended that he be considered for promotion  to  the
grade of major by a Special Selection Board  (SSB)  for  the  Calendar  Year
2000A (CY00A)Central Major Selection Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 March 2002, under the provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Mr. Thomas J. Topolski Jr, Member

Mr. Novel and Mr. Topolski Jr voted to correct the records  as  recommended.
Mr. Leehy voted to deny the applicant’s request for an SSB and  elected  not
to submit  a  minority  report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 26 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 28 Nov 01.
     Exhibit D.  Letter, AFPC/DPPPO, dated 28 Nov 01.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 01.





                             LAWRENCE R. LEEHY
                                             Panel Chair

AFBCMR 01-02299




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                                         , be corrected to show
that:

            a.  The Promotion Recommendation Form, AF Form 709, prepared
for consideration by the Calendar Year (CY) 2000A central major selection
board, be, and hereby is, declared void and removed from his records.

            b.  The Education/Training Report, AF Form 475, rendered for
the period 1 July 1999 to 31 December 1999, be, and hereby is, declared
void and removed from his records.

            c.  The attached reaccomplished Education/Training Report, AF
Form 475, rendered for the period 1July 1999 to 1 February 2000, was
accepted for file in his Officer Selection Record on or before 5 November
2000.

      It is further directed that he be  considered  for  promotion  to  the
grade of major by Special Selection Board (SSB) for the Calendar Year  2000A
(CY00A) Central Major Selection Board.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachment:
AF Form 475