RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-00748
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be selected for continuation by the Calendar Year 2002B Major Selective
Continuation Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The continuation board in question did not have enough information to make
an objective judgment as to his potential for continuation. The Article 15
in his record is not representative of his character or potential. He has
served the Air Force faithfully for 16 years with stellar performance and
dedication. He makes no excuses for his lack of judgment, which resulted
in the disciplinary action. He was adequately punished for his actions and
he was retained on active duty. He accepted non-judicial punishment under
counsel that he would be allowed to remain until retirement eligible. He
is completely qualified to continue as a valuable member of the Air Force.
He states that he has the unwavering support of his losing and gaining
commanders and the AETC Director of Personnel. They are the most qualified
sources to provide an accurate assessment of his potential and value to the
Air Force.
In support of his appeal, applicant provides a personal statement, letters
of support and a copy of his OPR for the period ending 3 September 2002.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
major. He has a mandatory date of separation of 31 July 2003.
He was selected for promotion to the grade of lieutenant colonel by the
CY00A.
On 17 October 2001, applicant receive nonjudicial punishment under Article
15 for making an official statement to a base wildlife officer, which he
knew was false and for having an inappropriate physical relationship with
the wife of another officer.
On 23 October 2001, the Article 15 was placed in his Selection Board
Folder.
On 24 April 2002, the Secretary of the Air Force removed his name from the
promotion list.
He was considered and not selected for promotion to the grade of lieutenant
colonel by the CY02B Lieutenant Colonel Selection Board. Based on his
second nonselection for promotion, he was considered and not selected for
continuation by the CY02B Continuation Board. He has an established date
of separation as 31 July 2003. At that time he will have 17 years and 7
months of active duty, 5 months short of the sanctuary zone and will be
ineligible for retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO reviewed this application and recommended denial. Although the
applicant's commander and other officers who have served with the applicant
support continuation, the applicant's record supports the continuation
board's decision to not offer him continuation.
The DPPPO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the evaluation and states that his commander has allowed
him to enter into training under the assumption that his continuation will
be approved. He is disappointed that AFPC did not support his request and
he does not agree with their assessment. He believes that the support and
recommendations from his commanders should be adequate justification for
his continuation.
He also states that when he was issued the Article 15, he took
responsibility for his actions, apologized, repented and stepped up for a
hard to fill remote assignment. He did everything possible to put this
event behind him. He is a better officer, husband, father, and Christian
because of this past incident. His integrity, dedication, loyalty, and
professionalism are intact. The applicant’s rebuttal is at Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice to warrant granting the applicant's request for
continuation. We are not condoning his misconduct; however, we note that
the applicant has paid a severe price for his transgressions and, unlike
many others, does not deny his behavior. In our view, the Article 15 has
served its intended purpose, and the applicant is mature and realistic
enough to accept, albeit regretfully, its affect on his career. As a
result of being twice nonselected for promotion, he was eligible for
continuation but was also not selected. This seems unduly harsh and
unjust. We note the OPR following the referral report in which he received
a three-star general endorsement. His former additional rater and gaining
commander strongly urge this Board to grant the applicant's request for
continuation. In view of the support from his superiors, we recommend that
he be selected for continuation as an exception to policy.
_________________________________________________________________
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 selected for continuation by
the Calendar Year 2002B Major Selective Continuation Board.
_________________________________________________________________
The following members of the Board considered this application, in
Executive Session on 21 March 2003, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. George Franklin, Member
Ms. Charles E. Bennett, Member
All members voted to correct the record. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 7 Mar 03.
Exhibit D. Applicant’s Letter, dated 14 Mar 03.
VAUGHN E. SCHLUNZ
Panel Chair
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