RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01817
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of lieutenant colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was identified by the major selection board as a candidate for in
residence Intermediate Service School (ISS). At the time he was stationed
at the Air Force Academy and he was not submitted to the ISS selection
board. After a permanent change of station (PCS) move to Whiteman AFB, MO,
he was told that he would not be submitted for ISS because he did not have
enough time on station. The following year, which was his third and final
year of eligibility, he was not selected by the ISS board. He later read
an Air Force Times article that stated that the board was selecting
officers in their first or second year of eligibility only. He
subsequently completed Air Command and Staff College (ACSC) by
correspondence. His performance reports were all positive and he was
assured by his supervisors that he would be promoted to lieutenant colonel.
However, he was not selected. He requested a review of his records and
was told that there was nothing in his records that would indicate why he
was not promoted. The following board, he was again assured by his
supervisors that he would be promoted and again he was not selected.
He feels that he was unfairly prevented from competing for in-residence ISS
which would have significantly enhanced his promotion potential. His
selection as a candidate for ISS indicates that he was in the top 20
percent for the major's board. The applicant questions how he ranked in
the top 20 percent in the major selection board and fell to the bottom 20
percent of the lieutenant colonel selection board without any negative
feedback or documentation of nonperformance.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
major. He was considered and not selected for promotion to the grade of
lieutenant colonel by the Calendar Year 2000A (CY00A) and the CY01B
Lieutenant Colonel Selection Boards that convened on 28 Nov 00 and 5 Nov
01, respectively. He currently has a projected date of separation of 31 May
05.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAP reviewed applicant's request and recommends denial. DPAP states
that the senior raters at the Air Force Academy and Whiteman AFB were not
obligated to nominate the applicant to compete at his first two ISS
selection boards. His year of eligibility did not eliminate him for due
consideration of ISS selection during the third ISS central selection
board. In fact, ISS board panel members were instructed to pay particular
attention to nominees in there last year of eligibility; these nominees
were also scored first when the board convened. The DPAP evaluation is at
Exhibit C.
AFPC/DPPPO reviewed applicant's request and recommends denial. DPPPO
states that both Congress and DoD have made clear their intent that when
errors are perceived to ultimately affect promotion, they should be
addressed and resolved through the use of Special Selection Boards (SSBs).
When many good officers are competing for a limited number of promotions,
it is extremely competitive. Without access to all the competing records
and an appreciation for their content, the practice of sending cases to
SSBs is the fairest and best practice. Direct promotion should only be
considered in the most extraordinary circumstances where SSB consideration
has been deemed to be totally unworkable. The applicant's case clearly
does not warrant direct promotion. The DPPPO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 4
Oct 02 for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. It is
our opinion that although the applicant was identified as an ISS candidate,
that selection in itself, does not guarantee him in-residence attendance
nor did it obligate his senior raters to nominate him to compete for
attendance during his first two years of eligibility. We are not persuaded
by the evidence submitted that he was not provided full and fair
consideration by the ISS Central Selection Board that considered him in his
third year of eligibility. Therefore, in the absence of persuasive
evidence to the contrary, 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 Docket Number 02-01817 in
Executive Session on 20 Nov 02, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Mr. Robert S. Boyd, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPAP, dated 18 Jun 02.
Exhibit D. Letter, AFPC/DPPPO, dated 25 Sep 02.
Exhibit E. Letter, SAF/MRBR, dated 4 Oct 02.
MICHAEL K. GALLOGLY
Panel Chair
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