Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-1990-00604A
Original file (BC-1990-00604A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  90-00604
            INDEX CODE:  111.01, 111.05,
                              131.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that:

1.  The Officer Effectiveness Report (OER) for  the  period  closing  6  May
1987 be declared void and removed from his records.

2.  Declare the period 7 May 1986 - 1 May 1987 as “non-rated time.”

3.  He be considered for promotion to  the  grade  of  major  by  a  Special
Selection Board (SSB) and returned to active duty.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and nonselected  for  promotion  to  the  grade  of
major by the CY87 (28 September 1987) and CY88 (6 June 1988)  Central  Major
Selection Boards.  On 31 January 1989, applicant  was  discharged  from  all
appointments based on his two nonselections for promotion to major.

On 28 July 1988, a similar appeal regarding the removal of his  OER  closing
6 May 1987  and  Letter  of  Evaluation  (LOE)  closing  1 August  1987  was
considered and denied by the Officer Personnel Records Review Board.

On 4 October 1990, a similar appeal was considered and denied by the  Board.
  For  an  accounting  of  the  facts  and  circumstances  surrounding   the
applicant’s service, and, the Board’s consideration of the appeal,  see  the
Record of Proceedings at Exhibit G.

Information extracted from the Military Personnel Data System reflects  that
the applicant is currently serving in the Air Force Reserve in the grade  of
staff sergeant with a date of rank of 27 June 2001.  Applicant’s  expiration
term of service is 26 June 2007.

On 18 June 2002, the applicant  submitted  a  request  for  reconsideration,
contending that it is his ultimate desire to return  to  active  duty  as  a
USAF officer.  However, his OER closing 6 May 1987 needs to be removed  from
his record  and  that  this  period  be  considered  “non-rated  time.”   In
addition, he requests a Special Selection Board be  held  to  evaluate  him.
It is then that his record will be strong enough to carry  him  through  the
Air Force and he will be able to gain his  long  sought-after  promotion  to
major.

In support of his appeal, the applicant  submits  a  personal  statement,  a
supportive statement from his spouse, and documents relating to  his  appeal
with Tabs A to Z.  The applicant’s complete submission is at Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of error or injustice.  After a thorough review  of  the  evidence
provided we believe that substantial doubt has been established  as  to  the
fairness of the contested report and whether or not the report is an  honest
and accurate depiction of his overall performance during the time period  in
question.  While the applicant has not provided supporting  statements  from
the rating chain members, he has provided  a  detailed  statement  from  the
former Deputy Chief of Supply.   This  individual  appears  to  have  worked
closely with the applicant and had first-hand knowledge of  his  performance
during the period in question.   After  reviewing  the  applicant’s  overall
record and noting the comments from the Deputy Chief  of  Supply,  we  agree
that  the  rater  failed  in  her  responsibility  to  properly  assess  the
applicant’s  performance.   The  reasons  behind  the  rater’s  actions  are
unknown, however, we are sufficiently persuaded that factors other than  his
performance of duties were considered when  the  report  was  rendered.   In
view of the above  and  in  an  effort  to  remove  any  possibility  of  an
injustice, we recommend the contested OER be removed from his  records.   In
addition, we recommend his corrected record be considered for  promotion  to
the grade of major by a Special Selection Board (SSB) for the Calendar  Year
1987 and 1988 Central Major Selection Boards.  As a matter  of  information,
an AF Form 77 will be placed in applicant’s record to replace the  contested
OER, in accordance with the applicable regulations.

We have noted the applicant’s request for return to active duty.  Should  he
be selected for promotion by an SSB, upon notification  of  such  selection,
he would be afforded the opportunity to request reinstatement.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:
            a.  AF Form 707, Officer Effectiveness Report, rendered for  the
period 7 May 1986 through 6 May 1987 be declared void and removed  from  his
records.

            b.   It  is  further  recommended  that  he  be  considered  for
promotion to the grade of major by a Special Selection Board  for  the  CY87
Central Major Selection Board and for any subsequent boards  for  which  the
Officer Effectiveness Report closing 6 May 1987 was a matter of record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 October 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Steven A. Shaw, Member
      Ms. Carolyn B. Willis, Member


The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 4 October 1996,
                with Exhibits.
      Exhibit G.  Applicant’s DD Form 149, dated 18 June 2002,
                        with A-Z attachments.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 90-00604




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 the AF Form 707,
Officer Effectiveness Report, rendered for the period 7 May 1986 through 6
May 1987 be, and hereby is, declared void and removed from his records.

            It is further directed that he be considered for promotion to
the grade of major by a Special Selection Board (SSB) for the CY87 Central
Major Selection Board and for any subsequent boards for which the Officer
Effectiveness Report closing 6 May 1987 was a matter of record.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2002 | 0200891

    Original file (0200891.doc) Auto-classification: Denied

    A complete copy of the Record of Proceedings is attached at Exhibit C. On 12 May 92, the Board considered and denied an application pertaining to the applicant, requesting that she be returned to active duty and promoted to the grade of major. On 15 May 95, the AFBCMR directed that her record be corrected, that she be returned to active duty, that she be promoted to major with a date of rank of 1 Sep 88, and that she not be considered nonselected for promotion to lieutenant colonel until...

  • AF | BCMR | CY1998 | 8901387A

    Original file (8901387A.doc) Auto-classification: Denied

    In the alternative, a Training Report be inserted in his files reflecting enrollment in an AFIT program during the time between his 1989 separation and 1991 reinstatement; the indorsement level on the Officer Evaluation Reports (OERs) closing 27 March 1984, 28 January 1985, and 1 June 1985, be upgraded; Air Force Commendation Medals (AFCMs) coinciding with his transfer from Shaw AFB and separation from Ramstein Air Base be accomplished and inserted in his record; the prejudicial comments and...

  • AF | BCMR | CY2007 | BC-1992-02612-4

    Original file (BC-1992-02612-4.DOC) Auto-classification: Approved

    If the Board is concerned with the number of days of supervision, then he requests it be changed to 30 days.” In addition, any information documented on the OPR can be included on the Promotion Recommendation Form (PRF), since the PRF can include the member’s performance for his last 30 days. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting his consideration for promotion by a Special Selection Board (SSB) beginning with the CY87...

  • AF | BCMR | CY1999 | 8800782

    Original file (8800782.doc) Auto-classification: Denied

    By letter, dated 7 July 1997, applicant requested reconsideration of the Board’s decision and provided additional documentation in the form of a 5 May 1977 letter, subject: Basis of Board Selections, and a document entitled “Evidentiary Support: Illegal Selection Boards.” (Exhibit H) ___________________________________________________________________ APPLICANT CONTENDS THAT: The Special Selections Boards (SSBs) and central selection boards which considered his file were conducted contrary to...

  • AF | BCMR | CY1999 | BC-1988-00782

    Original file (BC-1988-00782.doc) Auto-classification: Denied

    By letter, dated 7 July 1997, applicant requested reconsideration of the Board’s decision and provided additional documentation in the form of a 5 May 1977 letter, subject: Basis of Board Selections, and a document entitled “Evidentiary Support: Illegal Selection Boards.” (Exhibit H) ___________________________________________________________________ APPLICANT CONTENDS THAT: The Special Selections Boards (SSBs) and central selection boards which considered his file were conducted contrary to...

  • AF | BCMR | CY2000 | 9305363

    Original file (9305363.doc) Auto-classification: Approved

    A summary of the evidence considered by the Board and the rationale for it’s decision is set forth in the Second Addendum to Record of Proceedings at Exhibit D. APPLICANT CONTENDS THAT: Significant new evidence provided by the two former Numbered Air Force Commanders provides strong support for his request to add the indorsement of General K---- to the June 1986 OER and the indorsement of General R---- to the May 1987 OER. In preparing the applicant’s 2 Jun 86 Officer Effectiveness...

  • AF | BCMR | CY2003 | BC-1990-01087

    Original file (BC-1990-01087.doc) Auto-classification: Approved

    The letter, dated 6 June 1996, be removed from his records. In an application, dated 15 February 1990, he requested the following: a. Furthermore, since the reports were matters of record at the time of his promotion consideration by the P0597A and P0698B selection boards, we also recommend he receive promotion consideration by SSB for these selection boards.

  • AF | BCMR | CY2001 | 0100953

    Original file (0100953.doc) Auto-classification: Denied

    His corrected record be considered by any Senior Service School (SSS) candidacy/designation/selection boards and by any colonel selection boards that the now voided OER rendered for the period 17 February 1987 through 1 January 1988, was a matter of record. On 15 June 1995, the Board favorably considered applicant’s request that the OER rendered for the period 17 February 1987 through 1 January 1988 be declared void and he be considered for promotion by SSBs for the CY92A, CY93 and CY94 Col...

  • AF | BCMR | CY1998 | BC-1996-01099

    Original file (BC-1996-01099.doc) Auto-classification: Denied

    His record be corrected to reflect selection for promotion (in the promotion zone) to the grade of colonel as if selected by the CY87 Colonel Board. A complete copy of the Air Force evaluation is attached at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant stated his petition was filed in a timely manner after he was able to obtain information on the illegal operation of Air Force chaplain boards. As in the...

  • AF | BCMR | CY2005 | BC-1990-01087-3

    Original file (BC-1990-01087-3.DOC) Auto-classification: Approved

    c. The OPR, closing out 28 November 1989, be amended to reflect a closing date of 18 October 1990. d. The Officer Performance Report (OPR), closing 20 June 1994, be amended by changing the statement, “Returned to MG with trepidation, but has met the challenge and is leading Medical Logistics to a new level,” to “Assumed duties, has met the challenge and is leading Medical Logistics to a new level.” e. His Officer Selection Brief (OSB) be corrected to reflect the duty title, “Commander,...