ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01518
INDEX CODE 131.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s appeal for reconsideration, he again asks that he be
afforded Special Selection Board (SSB) consideration for the Calendar Year
2001A (CY01A) and CY01B Central Colonel Selection Boards with the Officer
Selection Briefs (OSBs) reflecting a 13 May 97 assignment history entry of
“X46F4, HQ ---- (--- MED TRANSCOM)” rather than “X46F3, ---, ---___________
STATEMENT OF FACTS:
The applicant was not selected for colonel by the CY01A and CY01B promotion
boards. He subsequently requested in his original appeal the same
corrections to his OSBs as described above and SSB consideration for the
CY01A and CY01B boards. However, on 19 Dec 02, the Board denied his case.
For an accounting of the facts and circumstances surrounding the
applicant’s separation, and, the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit F.
On 8 Feb 03, the applicant submitted a request for reconsideration,
contending in part that, contrary to the Air Force advisory opinion, he
never received an Officer Pre-Selection Brief (OPB) for the CY01B board. He
asserts this was due to the MILMOD transition fiasco at the military
personnel flight (MPF). The MPF told him to look it up on the web because
they could not obtain a product from the computer. He admits he knew the
information was incorrect, but the local MPF said it was not an issue and
he had been unsuccessful in trying to get it changed since 1997. He
challenges anyone to believe that it makes no difference to a record before
promotion boards if a lieutenant colonel originally scheduled for a
division deputy director position at a unified command in a “joint” billet
is really assigned at the squadron level in a position held as a captain
ten years earlier. No one could see anything in his record that would have
kept him from being promoted.
The applicant’s complete submission is at Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPMAF2 forwarded a letter to the applicant on 1 May 03 regarding
his request for reconsideration, again advising him that any change to the
Air Force Specialty Code (AFSC)/command level in his assignment history
must be accomplished through the provisions of AFI 36-2401. The AFSC in his
records must match the AFSC reflected on his Officer Performance Reports
(OPRs). If it is determined that his OPRs contain incorrect data, then his
local MPF could correct his AFSC/command level through the Military
Personnel Data System (MilPDS).
A complete copy of the letter is at Exhibit H.
HQ AFPC/DPPPO notes that to date the applicant has not submitted an
application to the Evaluation Reports Appeal Board (ERAB) for review and
correction of the pertinent OPRs; thus, the career progression he refers to
in his application cannot be reflected on his CY01B OSB until the source
documents are first corrected. Although he contends he never received an
OPB for the CY01B board, the applicant acknowledged he knew the information
was incorrect. Presumably, this came to light when OPBs were received prior
to the CY98A and CY99A boards, since the OPBs/OSBs for these boards
reflected the same alleged errors as on his CY01B OSB. However, as the
applicant never took any action to correct the source documents, the OPB
allegedly not received prior to the CY01B board would have likewise
contained the same errors. The causal factor in the incorrect information
was the failure of the member to act when the error was first discovered,
not the purported failure of the system to provide an OPB for the CY01B
board. DPPPO stands by its 19 Sep 02 advisory and again recommends denial.
A complete copy of the evaluation is at Exhibit I.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant asserts that he believed he had initiated the necessary steps
to correct the AFSC and command level indicated in the assignment history
as instructed by his “experts” at his Military Personnel Flight (MPF). He
tried since 1997 to correct the information through local levels. He did
not sit passively by and watch his career go “down the hopper.” He has no
“new” evidence to offer except a 24-year career wherein he met every
challenge and excelled in every capacity. When not selected for promotion,
not one “expert” in the Nurse Corps or his chain of command could identify
why he did not get promoted. His opportunity to have a fair review is
tainted by the advisory.
The applicant’s complete rebuttal is at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After a thorough review of the evidence of record and the applicant’s
submission, a majority of the Board remains unconvinced that he was the
victim of either an error or an injustice. The applicant submits no new
relevant evidence other than a new assertion, which he could have raised in
rebuttal when his appeal was originally considered. He now contends in part
that, contrary to the 19 Sep 02 HQ AFPC/DPPPO advisory, he did not receive
the CY01B OPB because of the MILMOD “fiasco.” He also argues that “experts”
told him the errors were either corrected or did not matter, while other
“experts” could not tell him why he had not been selected for the grade of
colonel. HQ AFPC/DPMAF2 explained to the applicant in their 19 Jun 02 and 1
May 03 letters (Exhibits C and H) that changing his AFSC and command level
must first be accomplished through the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports, because his records
need to match the AFSC and command level reflected on his OPRs closing 10
Apr 98 and 31 Jan 99. The applicant was advised to review the procedures
outlined in AFI 36-2401 for correcting these OPRs. As noted by HQ
AFPC/DPPPO, the applicant has not submitted an application to the
Evaluation Reports Appeal Board regarding the pertinent OPRs and, until
these source documents are corrected, the career progression he desires
cannot be reflected on his OSB. The majority of the Board agrees that, if
these source documents are incorrect, the applicant needs to exhaust this
remedy. In any event, regardless of whether or not he received an OPB for
the CY01B board, the applicant has not demonstrated he took action when
these errors would have first come to light before the CY98 and CY99
boards, and again at the CY01A board. We are not in a position to determine
if these alleged errors caused his nonselections, but if they were as
critical as the applicant contends, then he has not convinced the Board
majority that he exercised due diligence in remedying this 1997 entry. The
applicant has not taken the appropriate action to amend the relevant source
documents. He is a seasoned officer who has experienced selection board
processes before; presumably, he is not a neophyte regarding records
maintenance, instructions to selection board candidates, and AFI 36-2501.
We can sympathize with his disappointment in his nonselections, but
competition for colonel is extremely intense and promotions are limited.
Neither the applicant, his “experts” nor the majority of this Board can
determine with any certainty why a promotion board may or may not have
selected a given candidate. In conclusion, the applicant’s submission has
not swayed the Board majority that he should be afforded SSB consideration
for the CY01A and CY01B boards with amended OSBs, and his case should
therefore again be denied.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 4 August 2003, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Ms. Martha J. Evans, Member
Mr. James W. Russell III, Member
By a majority vote, the Board recommended denial of the application. Ms.
Evans voted to grant, but does not wish to submit a Minority Report. The
following documentary evidence relating to AFBCMR Docket Number 02-01518
was considered:
Exhibit F. Record of Proceedings, dated 23 Jan 03, w/atchs.
Exhibit G. Applicant's Letter, dated 8 Feb 03.
Exhibit H. Letter, HQ AFPC/DPMAF2, dated 1 May 03.
Exhibit I. Letter, HQ AFPC/DPPPO, dated 20 Jun 03.
Exhibit J. Letter, SAF/MRBR, dated 27 Jun 03.
Exhibit K. Letter, SAF/MRBR, dated 15 Jul 03.
Exhibit L. Letter, Applicant, dated 20 Jul 03.
THOMAS S. MARKIEWICZ
Vice Chair
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