RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00087
            (CASE 5)
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  provided  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of lieutenant  colonel  by  the  Calendar  Year
2000A  (CY00A)  Central  Lieutenant  Colonel  Selection  Board,  which
convened on 28 Nov 00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The CY00A Lieutenant Colonel Board did not  have  access  to  all  the
pertinent information necessary  to  properly  consider  his  records.
Without this information, the  Board  could  not  properly  apply  the
promotion criteria and the “whole person” concept as described in  AFP
36-2506.  The absence  of  this  information  also  placed  him  at  a
competitive disadvantage in comparison to his peers.  Consequently, he
did not receive a fair and equitable consideration for promotion.

In support of his appeal, the applicant provided an expanded statement
and other documents  associated  with  the  matter  under  review,  to
include his appeal application under the provisions of AFI 36-2401 and
documentation pertaining to a previous Board decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that grade  on  1 Nov  93.   His  Total
Active Federal Military Service Date (TAFMSD) is 6 Jan 81.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1989
follows:

      PERIOD ENDING    EVALUATION

      21 Jan 89              Meets Standards
      31 Jul 89              Meets Standards
      31 Jul 90              Meets Standards
       2 May 91              Meets Standards
       2 May 92              Meets Standards
       2 May 93              Meets Standards
       2 May 94              Meets Standards
      23 Feb 00           Reports Not Available
 #   21 Sep 00               Training Report
##   11 Jul 01               Training Report

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY00A  (28 Nov 00)
Lieutenant Colonel Board.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY01B  (5 Nov 01)
Lieutenant Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO noted that the applicant was not selected for promotion  to
the grade of major by the selection boards in 1992 and 1993,  and  was
subsequently involuntarily separated in 1994.  Due to the May  98  Air
Combat Command (ACC)-directed review of the  promotion  recommendation
process between the years of 1989 and 1993, the applicant was  granted
SSB consideration for the CY92C Major Board, which convened on  7  Dec
92.  He was selected for promotion to the grade of major and came back
on active duty with a date of rank of 1 Nov 93.

AFPC/DPPPO further noted the AFBCMR has occasionally recommended  that
an applicant’s nonselections be voided until he receives at least  two
officer performance reports  (OPRs)  to  demonstrate  performance  and
potential.   AFPC/DPPPO  indicated  that  since,  in  this  case,  the
involuntary separation and subsequent return to active duty  may  have
been caused by the promotion recommendation process, and the applicant
has only two training reports, but no OPRs as of yet, they would  have
no objection if the AFBCMR were to grant the same sort of relief.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the  applicant  indicated  that  he  appreciated  the
recommendation to void his nonselections  until  he  has  received  at
least two OPRs.  He is not certain if this would make much  difference
for future promotion boards.  His first OPR since returning to  active
duty closes on 11 Jul 02.  This will cover his duties as a  crewmember
and staff member in the squadron for the  past  year.   Based  on  the
results of the past few years, the likelihood or opportunity  to  make
lieutenant colonel as a crewmember in a flying squadron appears to  be
very limited, if  not  nonexistent.   The  feedback  he  has  received
indicated he will need to find a “more promotable  job”  at  the  wing
level if he hopes to even have a chance at promotion.  This leaves him
about a year  to  demonstrate  his  performance  and  potential  in  a
different position.  Although he would have an opportunity to  enhance
his record, this would still not alleviate the existing gap of  almost
six  years.   This  void  would  still  place  him  at  a  competitive
disadvantage when comparing his  records  with  those  of  his  peers,
especially in the aspects of depth and breadth of experience.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error  or  injustice.   Having  carefully  reviewed  this
application, we are sufficiently  persuaded  that  the  applicant  has
sustained his burden that he has been the victim of  an  error  or  an
injustice.  The evidence of record indicates that  the  applicant  was
considered and nonselected for promotion to the grade of major by  the
CY92C and CY93C Central Major Boards,  resulting  in  his  involuntary
separation in 1994.  He was subsequently selected for promotion to the
grade of major by an SSB and reinstated to active duty.  He has  since
been twice nonselected  for  promotion  to  the  grade  of  lieutenant
colonel with only two training reports in his records.  In  our  view,
the applicant was not given the opportunity to compete  for  promotion
to the grade of lieutenant colonel  on  a  fair  and  equitable  basis
because he was not allowed to build a sufficient record of performance
as a major prior to his considerations for promotion to the  grade  of
lieutenant  colonel.   Therefore,  notwithstanding   the   applicant’s
request for an SSB, we believe proper and fitting relief in this  case
would be to set aside any nonselections for promotion to the grade  of
lieutenant colonel prior to the applicant receiving a minimum  of  two
OPRs in the grade of major with at least 250 days of supervision,  and
so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that any nonselections for
promotion to the grade of lieutenant  colonel  prior  to  receiving  a
minimum of two Officer Performance Reports (OPRs) with  at  least  250
days of supervision, in the grade of major, be set aside.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00087 in Executive Session on 9 May 02, under the provisions of AFI 36-
2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. James E. Short, Member
      Mr. Charlie E. Williams, Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 11 Feb 02.
     Exhibit D.  Letter, SAF/MRBR, dated 22 Feb 02.
     Exhibit E.  Letter, applicant, dated 19 Mar 02, w/atchs.




                                   LAWRENCE R. LEEHY
                                   Panel Chair



AFBCMR 02-00087




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 any nonselections for
promotion to the grade of lieutenant colonel prior to receiving a
minimum of two Officer Performance Reports (OPRs) with at least 250
days of supervision, in the grade of major, be, and hereby are, set
aside.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency