RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01376 (Case 2)
INDEX CODE: 111.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Promotion Recommendation Form (PRF) for the CY99B (P0599B)
Lieutenant Colonel Central Selection Board be replaced with the
reaccomplished PRF provided.
He be considered for promotion to lieutenant colonel by a Special
Selection Board (SSB) for the P0599B Lieutenant Colonel Selection
Board, with the new PRF.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His senior rater failed to include a recommendation for Professional
Military Education (PME); therefore, the PRF was inaccurate,
incomplete and prejudiced.
In support of his request, applicant submits a copy of the original
PRF, the revised PRF and a statement from the senior rater, with the
concurrence of the Management Level Review (MLR) president. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
20 Jul 84. He is currently serving on active duty in the grade of
major, with an effective date and date of rank of 6 Oct 92. The
following is a resume of his OPR ratings subsequent to his promotion
to that grade.
Period Ending Evaluation
18 Mar 93 Meets Standards (MS)
14 Feb 94 MS
14 Feb 95 MS
14 Feb 96 MS
# 14 Feb 97 MS
## 9 Oct 97 MS
### 2 Jun 98 MS
#### 2 Jun 99 MS
##### 2 Jun 00 MS
######2 Jun 01 MS
# Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY97B Central Lieutenant
Colonel Board, which convened on 2 Jun 97.
## Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY97E Central Lieutenant
Colonel Board, which convened on 8 Dec 97.
### Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY99A Central Lieutenant
Colonel Board, which convened on 19 Apr 99.
#### Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY99B Central Lieutenant
Colonel Board, which convened on 30 Nov 99.
##### Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY00A Central Lieutenant
Colonel Board, which convened on 28 Nov 00.
###### Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY01B Central Lieutenant
Colonel Board, which convened on 5 Nov 01.
A similar appeal by the applicant, under Air Force Instruction (AFI)
36-2401, was considered and denied by the Evaluation Report Appeal
Board (ERAB) on 17 Sep 01.
Information maintained in the Personnel Data System (PDS) reveals that
the applicant currently has an established date of separation (DOS) of
31 Jul 04.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPEB recommends the application be denied. DPPPEB stated
that to change Section IV of the contested PRF, the senior rater must
demonstrate there was a material error in the PRF, a material error in
the record of performance that substantially impacted the content of
the PRF, or a material error in the process by which the PRF was
crafted. In addition, the applicant must demonstrate he took
corrective action upon receipt and review of his PRF prior to the
central selection board. DPPPEB indicated that these requirements
were not met. The HQ AFPC/DPPPEB evaluation is at Exhibit C.
HQ AFPC/DPPPO recommends the application be denied. DPPPO concurs
with the HQ AFPC/DPPPEB advisory and has nothing further to add.
Since HQ AFPC/DPPPEB recommends denial, Special Selection Board (SSB)
consideration is not warranted. The HQ AFPC/DPPP evaluation is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinions and indicated that the
basis for his request is twofold. First, the PRF submitted to the
promotion board contained an incorrect statement of fact by citing the
wrong military operation to describe his efforts in northern Iraq.
The second correction is the omission of a PME recommendation. He
left his assignment at Wright-Patterson AFB, OH, under permanent
change of station orders prior to receiving the PRF, which was
forwarded to his new duty station at Lackland AFB, TX, shortly before
the board convened. His effort to raise the issue for a PME
recommendation with the senior rater and MLR president was eventually
successful, but could not have been accomplished in the brief period
of time prior to the selection board. The applicant’s complete
response is at Exhibit F.
_________________________________________________________________
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 an injustice. The applicant’s contentions are duly
noted, as was the senior rater’s supporting statement, with the
concurrence of the MLR President. However, we are not persuaded that
the statements support voiding and replacing the contested PRF. We
note that the senior rater claims the omission of the Professional
Military Education (PME) recommendation was an oversight. Due to the
level of importance placed on PRFs and considering the scrutiny these
reports receive, we do not find this statement, alone, sufficiently
compelling to warrant substitution of the report. Rather, it appears
to us that this statement is a well-meaning, after-the-fact attempt to
enhance the applicant’s promotability. Such motivations are not
sufficient to support findings that the report itself, with the
exception of the issue discussed below, was so erroneous or unjust at
the time it was prepared that it should now be declared void. As to
the incorrect statement of fact on the contested PRF, we note that the
applicant’s Officer Performance Reports (OPRs), closing 14 Feb 96 and
9 Oct 97, were corrected by the Evaluation Reports Appeal Board (ERAB)
in a previous action and that the applicant received SSB consideration
based on this correction. Although the incorrect statement was on the
contested PRF, the applicant was provided SSB consideration, with a
corrected record. Since selection boards evaluate the entire officer
record, the correct information was available for review on the
revised OPRs when he was considered for promotion by an SSB on 24 May
99 and 2 Aug 99, which convened prior to the CY99B (30 Nov 99) Central
Lieutenant Colonel Selection Board. Therefore, we believe the
applicant was afforded appropriate relief concerning the erroneous
statement and his records were given fair and equitable consideration.
In view of the above, and in the absence of more persuasive evidence,
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 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 27 August 2002, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell III, Member
Mr. Albert J. Starnes, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPEB, dated 13 May 02.
Exhibit D. Letter, HQ AFPC/DPPPO, dated 10 Jun 02.
Exhibit E. Letter, SAF/MRBR, dated 14 Jun 02.
Exhibit F. Letter from Applicant, dated 9 Jul 02.
PEGGY E. GORDON
Panel Chair
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