RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02040
            INDEX CODE 131.01
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Assignment History entry of Dep Cmdr/COS JTF/BRAVO on the  Officer
Selection Brief (OSB) for the  Calendar  Year  2000A  (CY00A)  Central
Colonel Selection Board should reflect an effective date of 3  Jul  99
rather than 16 Feb 00.

He  receive  consideration  by  Special  Selection  Board  (SSS)   for
promotion to the grade  of  colonel  for  the  CY01A  Central  Colonel
Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Apr 00, his commander was relieved  of  his  command  following  an
investigation into  allegations  of  conduct  unbecoming  an  officer.
During the investigation, the work  environment  became  uncomfortable
and sides  polarized.  His  senior  rater,  who  was  his  commander’s
immediate  supervisor,  was  displeased  with  the  outcome   of   the
investigation and the negative impact it had on the Army. He  believes
these circumstances impacted his opportunity to garner a  DP.  He  had
Air Force leadership intervene on his behalf for a challenging follow-
on assignment.

The Air Force Vice Chief of Staff  provides  a  supporting  statement,
indicating he was the 12th Air Force Commander at  the  time  and  had
frequent contact with  the  applicant.  He  believes  the  applicant’s
consideration for a DP was unfairly impacted by  the  actions  of  his
boss, who was removed for cause.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered but not selected  for  promotion  to  the
grade of colonel by  the  CY00A  and  CY01B  selection  boards,  which
convened on 17 Jun 00 and 3 Dec 01, respectively.  The  OSB  for  both
boards reflected an effective date of 16  Feb  00  for  the  contested
assignment. The PRFs for the boards  had  overall  recommendations  of
Promote.  The applicant  also  wrote  a  letter  to  the  CY01B  board
advising that his commander had been removed for cause and the  senior
rater was displeased with that  removal.  He  indicated  he  felt  his
opportunity to garner  a  DP  was  adversely  impacted  due  to  these
unfortunate circumstances. A copy of the letter is provided at Exhibit
B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPASF confirms that the 16 Feb 00 effective date is  incorrect
and should be 3 Jul 99 as requested.

A complete copy of the evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPO accepts HQ  AFPC/DPASF’s  advisory  and  adds  that  the
applicant should have noted the incorrect  effective  date  and  taken
corrective  action  prior  to  the  board.  He  has  not  demonstrated
“reasonable diligence” in ensuring his record  was  correct.  Further,
there is  no  clear  evidence  that  the  assignment  data  negatively
impacted his promotion opportunity. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends he did not receive his OSB in time to review it
prior to the promotion board. He had faxed a note requesting a copy of
his entire Officer Selection Record (OSR) be mailed to his new address
since he was in the middle of moving from Honduras  to  Holloman  AFB.
Most importantly, he believes his consideration for a DP was  unfairly
impacted  by  his  supplying  information  about  his   commander   to
investigators. He provides additional letters of support regarding his
character, integrity and years of dedicated service.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPPE asserts the applicant has not  provided  any  supporting
documentation to support his allegations that  his  senior  rater  was
displeased  with  the  outcome  of  an  investigation  regarding   the
commander/supervisor.   Additionally,  he   does   not   provide   any
documentation to state whether he was actually competed for  a  DP  at
the Management Level Review (MLR) or if the senior rater had given him
a “Promote” recommendation prior to the MLR. He has not  provided  any
documentation stating he solicited support from the senior rater,  the
MLR president or any other  MLR  attendee  stating  that  he  did  not
receive full and fair consideration at the MLR.

A complete copy of the additional evaluation is at Exhibit G.

_____________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

The applicant contends he was not in a position to ask his  supervisor
for assistance considering this individual was under investigation and
was ultimately relieved of command. He did not need a revised PRF/OPR--
this was not the issue.  He was not comfortable approaching the senior
rater for assistance considering the unique position he was placed  in
throughout the entire investigation.  However, he did have discussions
with the Vice Chief of Staff, who was the 12th Air Force commander  at
the time.  As of 17 Jul 02, his OSB is still incorrect. He requests  a
personal appearance before the Board.

The applicant’s complete rebuttal, with attachments, is at Exhibit I.

______________________________________________________________

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 error or injustice to warrant granting the  requested
relief. After carefully weighing the available evidence, a majority of
the Board is persuaded that the PRF should be upgraded to  reflect  an
overall recommendation of DP.  The applicant did not submit supporting
letters from the PRF senior rater or the MLR board president. However,
the majority of the Board concedes that if the applicant’s  assertions
are true, the senior rater is hardly likely to admit  he  allowed  his
personal displeasure with the outcome of the commander’s investigation
to influence his evaluation of the applicant. What lent weight to  the
applicant’s contentions was the statement  from  the  Air  Force  Vice
Chief of Staff, who was the 12th Air Force/SOUTHAF  commander  at  the
time.  The  Board  majority  was  impressed  with  the  Vice   Chief’s
willingness to provide written confirmation of the applicant’s  unique
situation and its unfair impact on his consideration  for  a  DP.  The
Vice Chief also expressed his  highest  respect  for  the  applicant’s
leadership and performance, as did the  other  supporting  statements.
We, the majority, believe that since the actions  of  the  applicant’s
commander and the senior  rater’s  resultant  embarrassment  may  have
tainted evaluation of the applicant’s potential,  the  PRF  should  be
upgraded to a DP to preclude any possibility  of  an  injustice.   The
Board also agreed that the contested assignment entry is erroneous and
should  be  corrected.  Finally,  the  Board  majority  believes   the
applicant’s letter to the CY01B  board  should  be  voided  since  the
upgraded CY00A PRF has rendered moot the explanations  raised  therein
and it would only serve to confuse the CY01B  SSB  members  evaluating
his record. In view of the above  conclusions,  the  majority  of  the
Board recommends the applicant’s records  be  corrected  as  indicated
below and he be afforded SSB consideration.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected by amending the Assignment History
entry of “Dep Cmdr/COS JTF/BRAVO” on the Officer Selection Briefs  for
the Calendar Years 2000A (CY00A) and CY01B Central  Colonel  Selection
Board to reflect an effective date of “3 July 1999,” rather  than  “16
February 2000,” that the Performance Recommendation Form prepared  for
the  CY00A  Central  Colonel  Selection  Board  reflect   an   overall
recommendation of “Definitely Promote,”  rather  than  “Promote,”  and
that his undated letter to the CY01B Central Colonel  Selection  Board
be declared void and removed from his records.

It is further recommended that he be considered for promotion  to  the
grade of colonel by a Special Selection Board for the CY00A and  CY01B
Central Colonel Selection Boards and for  any  subsequent  boards  for
which the incorrect Assignment History was a matter of record.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 February 2003, under the provisions of AFI 36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Billy Baxter, Member
                  Ms. Brenda L. Romine, Member

A majority of the Board voted to correct the records, as  recommended.
Ms. Romine voted to  correct  the  effective  date  of  the  contested
assignment entry, but voted against upgrading the PRF and granting SSB
consideration. She does not wish to  submit  a  Minority  Report.  The
following documentary evidence relating to AFBCMR  Docket  Number  02-
02040 was considered:

   Exhibit A.  DD Form 149, dated 24 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASF, dated 22 Jul 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 24 Oct 02.
   Exhibit E.  Letter, SAF/MRBR, dated 1 Nov 02.
   Exhibit F.  Letter, Applicant, dated 4 Dec 02, w/atchs.
   Exhibit G.  Letter, HQ AFPC/DPPPE, dated 8 Jan 03.
   Exhibit H.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit I.  Letter, Applicant, dated 24 Jan 03, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair




AFBCMR 02-02040




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to     , be corrected by amending the Assignment
History entry of “Dep Cmdr/COS JTF/BRAVO” on the Officer Selection
Briefs for the Calendar Years 2000A (CY00A) and CY01B Central Colonel
Selection Board to reflect an effective date of “3 July 1999,” rather
than “16 February 2000,” that the Performance Recommendation Form
prepared for the CY00A Central Colonel Selection Board reflect an
overall recommendation of “Definitely Promote,” rather than “Promote,”
and that his undated letter to the CY01B Central Colonel Selection
Board be, and hereby is, declared void and removed from his records.

      It is further directed that he be considered for promotion to
the grade of colonel by a Special Selection Board for the CY00A and
CY01B Central Colonel Selection Boards and for any subsequent boards
for which the incorrect Assignment History was a matter of record.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency