SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2000-02455
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The following actions be taken to correct his record:
1. The Secretary of the Air Force (SAF) accept his resignation of
commission effective 10 May 1991 and reappoint him to the same grade and
status (at time of aforementioned resignation) effective 1 June 1997.
2. His considerations for promotion to the grade of major for the Fiscal
Years 2000 and 2001 (FY00 and FY01) Line and Nonline Major’s Selection
Boards be voided.
3. He be considered for promotion to the grade of major starting with FY02
Line and Nonline Major’s Selection Board with full Officer Performance
Report (OPR) impute to include Air Force Academy (AFA) and Defense
Logistics Agency (DLA) OPRs.
4. That his full and complete corrected records be sent from National
Personnel Record Center (NPRC) to Air Reserve Personnel Center (ARPC) for
use in promotion/continuation board consideration.
5. Recommissioning and Continuation be granted in advance to avoid further
delays to Reserve participation.
6. Reassignment to the same position and status at DLA at time of
separation.
7. Back pay and points be awarded from January 2001 to the present
(including 4 drill periods per month, 48 additional Inactive Duty Training
(IDT) points and two weeks Annual Training (AT) per year); and finally,
that he be awarded pay and points for duty performed 9 through 10 January
2001.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Feb 01, the Board considered and partially granted the applicant's
request that he receive Special Selection Board (SSB) consideration for the
FY00 and FY01 Reserve of the Air Force Line and Nonline Major Selection
Boards, that he be continued in a Reserve program until the SSB decision is
made, and that his Total Federal Commissioned Service Date (TFCSD) be
adjusted. The Air Force evaluation stated that there were some errors in
the applicant's record as it appeared before the selection boards in
question and recommended to the Board that corrections be made to his
Officer Selection Briefs (OSBs), he receive SSB consideration for the FY00
and FY01 boards, and if not selected by either board, he be considered for
continuation by Special Review Board (SRB). If the Board disagreed with
their recommendation the evaluator stated that his record should be
corrected to show that he resigned his commission on 10 May 91, his
assignment to the ISLRS be revoked, correct his record to show that he was
recommissioned effective 1 Jun 97, adjust his TFCSD to 5 Feb 87 and his
date of rank to 5 Feb 94, and award him SSB consideration for the FY01
selection board. The Board concurred with the recommendation of the Air
Force evaluator and recommended that he receive SSB consideration for the
FY00 and FY01 boards, and if not selected by either board, he be considered
for continuation by SRB. For an accounting of the facts and circumstances
of the applicant's appeal and the Board's decision, see the Record of
Proceedings, with attachments, at Exhibit D.
The applicant was not selected for promotion by the SSBs but was selected
for continuation by the SRB. On 15 Jun 02, the Board reconsidered his
application and recommended that his records be corrected accordingly. For
an accounting of the facts and circumstances and the Board's decision, see
the Addendum to Record of Proceedings at Exhibit E.
In his most recent submission, the applicant contends that the actions the
AFBCMR recommended were not carried out. His records that appeared before
the SSBs were not correct. He contends that his records were not requested
and therefore not sent to ARPC from NPRC as required by AFIs 36-2608 and 36-
2504, which require board members to have access to complete and accurate
records. Therefore, the SSBs did not have access to material information
that should have been available to them.
In support of his appeal the applicant has provided a personal statement,
statement from ARPC/CV, documentation associated with his SSB
consideration, extract from AFI 36-2504, his resume, letters of support, a
course completion certificate, his OPR closing 24 Feb 00, his Air Force
Achievement Medal (AFAM), and documentation associated with his previous
AFBCMR case. His complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states the applicant requested similar
relief in his previous application and cites the evaluation of his previous
application, which included two options for the Board to consider at that
time: 1. To correct the applicant’s erroneous and missing information in
his OSR, grant him additional promotion opportunities via FY00 and FY02
SSBs, and, if not selected by either, to be considered for continuation.
2. Correct applicant’s record to show he resigned on 10 May 1991, and that
he was recommissioned effective June 1997. Adjust his total federal
commissioned service date (TFCSD) and date of rank (DOR) to enable him to
meet the FY02 Line and Nonline Major’s Selection Board, with continuance
offered if not selected. The AFBCMR granted the relief recommended in item
1 above only. All corrections were made and he was considered and not
selected for promotion by the FY00 and FY01 boards. Due to additional
information he provided, he was again considered by SSB for the FY01 board
and was again not selected. The AFBCMR considered his original application
and recommended the relief that was in the best interests of both the
applicant and the Air Force. He provided no new information to affect a
change in the original advisory; he is simply asking that the other option
provided in the original evaluation be afforded him now. The DPB
evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that DPB did not address most items itemized in his
request. The partial relief recommended by the Board was not followed as
directed. He asked the Inspector General to investigate/review the merits
of his situation. His research revealed that his records were not
requested by NRPC as required. Based on the IG's recommendation the board
can still provide him full and equitable relief by granting DPBs other
solution. In an amendment to his rebuttal, applicant states that
communication problems between the MilPDS system and the PRISM system,
which produces the selection brief, created the following errors on his
brief: His Flying Data should have reflected"4J," his Academic Education
Status should reflect BAC Aeronautical Engineering from Embry-Riddle
University and should have been entered as "EHV," his AFAM should have been
shown, his Professional Military Education does not reflect the Government
Flight Representative course, and his Participation Summary/History total
should reflect 75, not 60.
In support of his appeal the applicant has provided personal statements,
email communications, documents extracted from his OSB, personal data
system printouts, and additional copies of documents previously submitted.
His complete submission, with attachments, is at Exhibit I.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
ARPC/DPB states that the points made by the applicant have been addressed
with him via numerous communiqués with their office. ARPC was in control
of his paper Officer Selection Record (OSR) prior to the three SSBs. The
remainder of his Master Personnel Records was available to the board via
ARMS. There was no reason to request any records from NRPC. MilPDS was
not used by the Air Force until 2001; his promotion boards in question were
conducted in 1999 and 2000. Therefore MilPDS had no impact on the data
presented to the promotion boards. The data used by the SSBs was derived
from the previous boards and was manually re-created for presentation to
the SSBs. The applicant contented that his flying status should reflect
his "Govt Flight Rep" position and he wanted his credit for flying civilian
aircraft on his OSB. His flying status was suspended when he left his C-
130 pilot position. Civilian flying information cannot be used in his
military record presented to the board. He was unable to provide any
documentation to support a change in his flying status or flight hours. He
provided in his request a copy of an Aeronautical Order dated 29 Jun 00,
effective 29 Feb 00. The order qualifies him to occupy a rated position
that does not require flight time. He was not flying and not qualified to
fly for the Air Force. He asked that his Primary Air Force Specialty Code
(PAFSC) be changed to reflect "Govt Flight Rep." There is no code or AFSC
that reflects such. His OSB reflects his bachelor's degree but the degree-
granting agency is listed as unknown. He was advised that he needed to
provide a copy of his transcript to AFIT for verification and corrective
action. He provided the input code for the University, which does not
solve the problem. He has not provided the needed information to AFIT for
verification. He stated he was awarded an AFAM between 1997 and 1999. The
citation he provided clearly shows the decoration was signed effective 18
Aug 00 and the order published 30 Aug 00. If a decoration is not awarded
prior to a selection board, it is not eligible for consideration by that
board. The decoration was effective five months after the March 2000 board
convened or the SSBs for that board. The Government Flight Representative
class that he completed does not fall in the category of Professional
Military Education. His Participation History does appear to have
incorrect retirement points. It should show 75 vice the 60 points. He did
have a satisfactory year of service; however, he did not have any active
duty participation. At no time did he provide documentation or explain the
information had been updated. Without information from the applicant, no
changes will be made to his OSB. The ARPC/IG suggested solution is derived
from the original advisory. Two solutions were originally offered to the
Board and the Board already granted relief and elected not to choose the
second option.
Everything he asked for was covered in conversations with him. It was
clearly explained what was and was not permitted in his selection folder
and on his OSB. It was suggested that he write a letter to the board
President if he felt he needed to communicate information. For two of the
SSBs, he wrote letters to the board. He did not present the entire
picture, or a true picture in his correspondence with his Senator, or
previously to the AFBCMR. He states in his letter to the Senator that he
flew missions into/out of Kuwait in support of the Iraq war. He
voluntarily contributed to Command Post operations. Command post
operations are ground operations. There is no documentation in his record
to show that he flew any missions in support of the Gulf War.
His selection record does not indicate a strong Air Force career. The
relative weakness in his performance reports was contributing factors in
his nonselection for promotion. The selection board members evaluated his
record and found it was not strong enough for him to perform in the grade
of major. Five separate and independent sets of selection board members
felt he was not fully qualified to serve in the next higher grade.
The DPB evaluation is at Exhibit J.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states that AFIT personnel have stated that the computer program
has deleted him from the database and they have no ability to reload them
with correct information. Numerous "E" members were in flying status
between 1997 and 2000. Comments on the backside of his OPRs recommending
him for future PME schools and indicating his potential for promotion. It
is his understanding that his initial two nonselections were removed
because of errors so in reality he has only met two selection boards.
DPB's statement affirms that the SSBs were either tainted or fully made
aware that he was previously not selected. What DPB has shown is that
there is a predetermined bias in preparing his selection folder with no
guarantee for bias. The fairest solution would be to place him within his
peer group with continuation and provide his promotion consideration. His
complete submission is at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After a thorough review of the additional documentation provided in support
of his appeal, we are not persuaded that further corrective action is
warranted. Evidence has not been provided which would lead us to believe
that his selection record was substantially inaccurate when it met the
selection boards in question. Further, we are not persuaded by the
evidence presented that there were any errors or improprieties in his
promotion consideration process; or, that he has been denied the
opportunity to compete for promotion on a fair and equitable basis. His
assertions are duly noted; however, in our opinion, the Air Force office of
primary responsibility has adequately addressed his contentions and we are
in agreement with their recommendation. Therefore, we adopt their
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. In the absence of evidence to the
contrary, we find no basis upon which to recommend granting the additional
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 AFBCMR Docket Number BC-BC-
2000-02455 in Executive Session on 30 Oct 03, under the provisions of AFI
36-2603:
Ms. Olga L. Crerar, Panel Chair
Mr. Vaughn E. Schlunz, Member
Mr. Charles E. Bennett, Member
The following documentary evidence was considered:
Exhibit D. Record of Proceedings, dated 9 Feb 01.
Exhibit E. Addendum to Record of Proceedings, dated 15 Jun 02.
Exhibit F. Applicant's Submission, dated 11 Mar 03, w/atchs.
Exhibit G. Letter, ARPC/DPB, dated 23 May 03, w/atchs.
Exhibit H. Letter, SAF/MRBR, dated 3 Jun 03.
Exhibit I. Letter, Applicant, dated 2 Jul 03, w/atchs.
Exhibit J. Letter, ARPC/DPB, dated 8 Sep 03.
Exhibit K. Letter, SAF/MRBR, dated 12 Sep 03.
Exhibit L. Letter, Applicant, dated 12 Oct 03, w/atchs.
OLGA M. CRERAR
Panel Chair
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