Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-1999-03003A
Original file (BC-1999-03003A.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  99-03003

      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED: No

____________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of lieutenant colonel as if selected by the
CY97C (21 Jul 97) Central Lieutenant Colonel Promotion Board, with original
date of rank and all back pay and allowances.

____________________________________________________________

STATEMENT OF FACTS:

The applicant was nonselected for promotion to  lieutenant  colonel  in-the-
promotion-zone by the CY97C  Central  Lieutenant  Colonel  Promotion  Board.
Based on an appeal to the Evaluation Reports Appeal Board (ERAB) to  include
his corrected Officer Performance Report (OPR) closing  out      27  Apr  97
and corrected Promotion Recommendation Form  for  the  CY97C  board  in  his
record,  the  applicant  was  granted  promotion  consideration  by  Special
Selection  Board  for  the  CY97C  and  CY98B  Central  Lieutenant   Colonel
Promotion Boards.  He was nonselected by both Boards.

On 27 April 2000, the AFBCMR considered the applicant’s  request  as  stated
above.  The Board denied his request (see Exhibit F).

On  14  May  2002,  the  applicant  submitted  new  evidence  and  requested
reconsideration of his case (Exhibit G).

____________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice warranting the  applicant’s  promotion  to
the grade of lieutenant colonel through the correction of records process.
 The applicant’s contentions are duly noted; however, we are not persuaded
that the SSB that considered his corrected  record  was  not  convened  in
accordance with applicable law.  Both the grades of the board members  and
the career  areas  represented  complied  with  statutory  and  regulatory
requirements.  In regard to the applicant’s assertion  that  the  “DP”  he
received based on his corrected record put  him  in  the  “virtually  100%
select category,” we do not find this argument sufficiently compelling  to
substantiate that the SSB should have selected  him  for  promotion.   The
less than 100% selection rate for “DP” recipients  at  the  central  board
establishes that the receipt of such a recommendation does  not  guarantee
promotion and that the subjective scoring of records is a critical part of
the selection process.  In the absence  of  clear-cut  evidence  that  the
applicant should  have  been  selected  for  promotion  to  the  grade  of
lieutenant colonel by the SSB, we do not recommend approval of his request
for direct promotion.

2.  Notwithstanding the above determination, we  believe  that  there  are
grounds to convene another SSB.   After  reviewing  the  new  evidence  of
record and the strong letter of support the applicant originally  provided
from a general officer that served as a panel chief and voting  member  of
his original promotion board, an element of doubt has been created  as  to
whether the applicant would have been promoted had  his  corrected  record
met the original board.  While we are not completely  persuaded  that  the
applicant would have been selected for promotion, in order to  remove  any
doubt and to preserve the appearance of fairness and  objectivity  in  the
officer  promotion  system,  we  believe  that  the  applicant  should  be
considered for promotion by another SSB.  We believe this will remove  any
doubt as to whether or not he  should  be  promoted  to  the  next  grade.
Therefore, we recommend that  the  applicant’s  records  be  corrected  as
indicated below.

____________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be  corrected  to  show  that  he  was  not  considered  for
promotion to the grade of lieutenant colonel by  Special  Selection  Board
for the Calendar Year 1997C Central  Lieutenant  Colonel  Selection  Board
that convened on 11 January 1999.

It is further recommended that he be considered for promotion to the grade
of lieutenant colonel by Special Selection Board.

____________________________________________________________

The following members of the Board considered Docket  Number  99-03003  in
Executive Session on 5 September 2002, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Roscoe Hinton, Jr., Member
      Mr. Jackson A. Hauslein, Member

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

     Exhibit F.  Record of Proceedings, dated 17 Jul 00, with
                 Exhibits.
     Exhibit G.  Letter, Applicant, dated 14 May 02, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 99-03003


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 XXXXXXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that he was not considered for promotion to the grade of lieutenant
colonel by Special Selection Board for the Calendar Year 1997C
Central Lieutenant Colonel Selection Board that convened on 11
January 1999.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board for the
Calendar Year 1997C Central Lieutenant Colonel Selection Board.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2000 | 0001837

    Original file (0001837.doc) Auto-classification: Denied

    He still maintains that his senior rater did not give him a strong enough push for a DP at the MLR and that the OPR closing out 17 Jun 97 (originally 5 Aug 97) generated by a Change of Reporting Official was delayed due to rating chain mismanagement and inattentiveness. The complete evaluation is at Exhibit C. The Appeals and SSB Branch, AFPC/DPPPA, evaluated this application and recommends denial of the applicant’s request for a direct promotion. While we understand that the...

  • AF | BCMR | CY1999 | 9801878

    Original file (9801878.doc) Auto-classification: Approved

    c. The Promotion Recommendation Form (PRF) reviewed by the CY97C board reflect an overall recommendation of “Definitely Promote (DP).” 3. He was promoted by SSB to major with annotations on his top two OPRs, and subsequently promoted APZ to LTC with the AF Form 77 and four OPRs with annotations in his records. He contends, in part, that his unnecessary break in service and the annotated documents in his records caused the MLR board not to award him a “DP” on the CY97C PRF and the promotion...

  • AF | BCMR | CY1999 | 9802400

    Original file (9802400.doc) Auto-classification: Approved

    Therefore, we recommend that her record, to include the “Definitely Promote” recommendation on the CY97C PRF, be considered for promotion to the grade of major by special selection board (SSB) for the CY97C Central Major 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 the Promotion Recommendation, AF Form 709,...

  • AF | BCMR | CY2003 | BC-2003-01438

    Original file (BC-2003-01438.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01438 COUNSEL: GRANT LATTIN HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 1997C (CY97C) Lieutenant Colonel Line Central Selection Board. The AFPC/DPPPO evaluation is at Exhibit...

  • AF | BCMR | CY1999 | 9801923

    Original file (9801923.doc) Auto-classification: Approved

    DPPPA stated that both the Education/Training Report (TR) and MSM, 1OLC, were filed in the applicant’s Officer Selection Record (OSR) and considered by the P0597C central lieutenant colonel selection board. A complete copy of this evaluation is appended at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and indicated that it ignores his contention that his pre-board records...

  • AF | BCMR | CY2008 | BC-2007-02409

    Original file (BC-2007-02409.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02409 INDEX CODE: 131.01 COUNSEL: RAYMOND J. TONEY HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His record be considered for promotion to the grade of major by a Special Selection Board (SSB) for Calendar Years 1997C (CY97C) and 1998B (CY98B) Major Line Central Selection Boards (CSBs). A complete copy of the...

  • AF | BCMR | CY2007 | BC-2007-00307

    Original file (BC-2007-00307.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00307 XXXXXXXX COUNSEL: GRANT LATTIN HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 4 August 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 1997C (CY97C) Lieutenant Colonel Line Central Selection Board. ...

  • AF | BCMR | CY1999 | 9800076

    Original file (9800076.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Selection Board Secretariat, HQ AFPC/DPPB, stated they disagree with counsel’s contention that the special selection board (SSB) process is unfair in that the use of benchmark records from the gray zone from the central board creates a higher standard for selection than that for the central board. ), he was otherwise competitive for promotion upon receiving the DP recommendation after his records...

  • AF | BCMR | CY2004 | BC-2004-00189

    Original file (BC-2004-00189.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00189 (CASE 2) INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 1994A (CY94A) Lieutenant Colonel Central Selection Board be voided and replaced with a reaccomplished PRF. On 1 Nov 01, the Board...

  • AF | BCMR | CY1998 | 9800420

    Original file (9800420.pdf) Auto-classification: Approved

    to include the Meritorious Service Medal, awarded for the period I Director Air Force Review Boards Agency ADDENDUM TO RECORD OF PROCEEDINGS IN THE MATTER OF: AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS .a> . p,j ,tbz;o *YZ-b';q COUNSEL: NONE HEARING DESIRED: NO RESUME OF CASE: In an application dated 5 February 1998, applicant requested Special Selection Board (SSB) consideration for promotion by the Calendar Year 1997C (CY97C) Central Lieutenant Colonel Selection Board with the...