RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2002-03562
INDEX CODE: 111.01, 131.01
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His P0500A promotion recommendation form (PRF) be corrected to reflect a
$166 million program versus an $80 million program; his completion of the
USAF F-15E Instructor Upgrade Course be documented on an AF Form 475,
Education/Training Report, versus AF Form 77, Supplemental Evaluation
Sheet; and his officer performance report (OPR) for the period 3 May 1998 -
2 May 1999, be corrected to include his rater’s intended senior service
school (SSS) recommendation; and he be considered by a Special Selection
Board (SSB) for promotion to Lieutenant Colonel (Lt Col).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His rater unintentionally left out a recommendation on his OPR closing 2
May 1999. His initial qualification training should have been documented
on an AF Form 475 instead of an AF Form 77. The mistake was made due to
confusion in the training facility. An incorrect dollar amount for the
flying-hour program he solely managed was used on his PRF for the CY00A (28
Nov 00) (P0500A) Central Lt Col Selection Board.
In support of his application, he provides a personal statement, the
Evaluation Reports Appeal Board (ERAB) decision; AF Form 948, Application
for Correction/Removal of Evaluation Reports; his letter to the CY00/P0500A
Central Lt Col Selection Board; a supporting statement from his rater; a
spreadsheet identifying value of his flying-hour program; the contested
OPR, a supporting letter from his commander; the contested PRF; a corrected
copy of his PRF; his contested AF Form 77; a corrected AF Form 475;
additional training reports/supplemental evaluation sheets; and e-mail
documentation researching his case. The applicant’s complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the military personnel data system (MilPDS), the applicant is
a rated officer who was appointed a Second Lieutenant, Reserve of the Air
Force on 11 May 1985, and was voluntarily ordered to extended active duty
on 8 August 1985. He was integrated into the Regular Air Force on 1 July
1993 and was progressively promoted to the grade of Major (0-4) with a date
of rank of 1 April 1997 and is still currently serving on active duty.
The applicant has two non-selections to the grade of Lt Col by the CY00A
(28 Nov 00) (P0500A) and the CY01B (5 Nov 01) (P0501B) Central Lieutenant
Colonel Selection Boards. The following is a resume of his OPR ratings and
training reports commencing with the report closing 30 October 1992:
PERIOD ENDING OVERALL EVALUATION
30 Oct 92 Meets Standards (MS)
9 Jun 93 MS
9 Jun 94 MS
14 Oct 94 MS
* 5 Jan 95 Supplemental Evaluation Sheet
31 Jul 95 MS
15 Jun 96 MS
15 Jun 97 (Major) MS
2 May 98 MS
* 2 May 99 MS
2 May 00 MS
29 Jun 01 MS
20 Feb 02 Training Report (TR)
19 Jul 02 MS
* Contested reports.
The Evaluation Reports Appeal Board (ERAB) considered and disapproved the
applicant’s request to substitute corrected copies of his OPR closing out 2
May 1999, his TR closing 5 January 1995, and the P0500A PRF. The ERAB also
did not approve the applicant’s request that his records meet an SSB for
promotion consideration. The applicant’s MPF was notified of the above on
13 September 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPE recommends denial. DPPPE cites Air Force policy that an
evaluation report is accurate as written when it becomes a matter of
record. It is DPPPE’s opinion that there are no errors or injustices cited
in the applicant’s OPR closing 2 May 1999. Additionally, DPPPE states the
applicant’s completion of the USAF F-15E Instructor Upgrade Course was
properly documented on an Air Force Form 77. Finally, DPPPE states the
applicant had more than ample time to request a correction to his P0500A
PRF prior to the Central Selection Board (CSB) before it became a matter of
record. The DPPPE evaluation is at Exhibit C.
AFPC/DPPPO recommends denial. DPPPO concurs with the findings from DPPPE
and has nothing further to add. DPPPO states since the DPPPE advisory
recommends denial, SSB consideration is not warranted. The DPPPO
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant claims he is not receiving fair consideration. He
vehemently denies any attempt to “cloud the facts” as the DPPPE advisory
indicates. The applicant states he brought the PRF discrepancy to the
attention of his supervisors and attempted to get it corrected; however,
with the operations tempo and preparation to deploy to a combat zone at
the time, he was unable to get the changes made in time. The applicant’s
review is at Exhibit G.
_________________________________________________________________
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 error or injustice. The applicant asserts that he should
be afforded an SSB for promotion by the CY 2000A central lieutenant colonel
selection board based on the correction of the dollar figure for a program
he managed as cited on the PRF prepared for that board, the addition of a
PME recommendation to his OPR closing 2 May 1999, and the substitution of a
Education/Training Report in place of a Supplemental Evaluation Sheet to
document his completion of a 90-day upgrade training course. The
applicant’s requests are not favorably considered based on the following
discussion.
a. The applicant asserts that his upgrade should have been
documented on an AF Form 475 rather than an AF Form 77. The Air Force
office of primary responsibility has indicated that the AF Form 77 was
prepared in accordance with the provisions of the governing regulation in
effect at the time he completed the training. The applicant has provided
no documentary evidence that would lead us to believe the contrary was the
case. In the absence of such evidence, there is no basis to substitute the
AF Form 475 in place of the AF Form 77, as the applicant has requested.
b. We have noted the statement of support by the rater of the
applicant’s OPR closing 2 May 1999 and do not find it sufficiently
persuasive to warrant approval of the addition of a PME recommendation to
the contested report. In this regard, we note that there is inconsistent
support for Senior Service School on the reports written prior and
subsequent to the contested report. The rater’s section on the contested
report is completely filled in and this officer did not indicate in his
statement that he was unaware that the applicant was eligible for a PME
recommendation at the time the report was prepared, but states that such a
recommendation was “overlooked.” After reviewing the rater’s statement, we
are left with the impression that his proposal to change the OPR is nothing
more than a well-meaning attempt to improve the applicant’s promotion
opportunities, which is, in our view, an inappropriate basis on which to
correct the record.
c. As to the applicant’s request that the dollar figure cited in
Section III, Item 2 of the contested PRF be changed, even though it appears
that the value of this program represented on the contested report is
erroneous, the Board majority does not believe that the error caused his
record to be so erroneous or misleading that the CY 2000A was unable to
make a reasonable determination concerning his promotability in comparison
to his peers. Therefore, the Board majority is of the opinion that, for
all intents and purposes, this error was harmless to the applicant’s
promotion opportunitity and declines to favorably consider this request.
d. Accordingly, in view of the above, the applicant’s request for
consideration by an SSB for the CY 200A central lieutenant colonel
selection board is also not favorably considered.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 28 May 2003 under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. James W. Russell III, Member
Ms. Martha Maust, Member
Ms. Vestal and Mr. Russell voted to deny the application. Ms. Maust voted
to grant the applicant’s request for a correction to the dollar figure in
Section II, Item 2 of the contested PRF and to deny the remainder of the
applicant’s requests but elected not to submit a minority report. The
following documentary evidence for AFBCMR Docket Number BC-2002-03562 was
considered:
Exhibit A. DD Forms 149, dated 1 Nov 02 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPE, dated 22 Jan 03.
Exhibit D. Letter, AFPC/DPPPO, dated 22 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 14 Feb 03.
Exhibit F. Applicant’s Rebuttal w/atchs, undated.
PATRICIA D. VESTAL
Panel Chair
AFBCMR BC-2002-03562
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXXXXXXXXXXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review
Boards Agency
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