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AF | BCMR | CY2003 | BC-2002-02860
Original file (BC-2002-02860.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-02860
                                        INDEX CODE 131.01
                                        COUNSEL: No

                                        HEARING DESIRED: Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  given  Special  Selection  Board  (SSB)  consideration  by  the
Calendar Year 2000A (CY00A) and CY01B Central Colonel Selection Boards
and the 2000 and 2001 Senior Service School (SSS) selection boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unjustly issued a Letter of Reprimand (LOR) on 31 Mar 00 by the
19th Air Force (19 AF) commander.  The  presence  of  the  Unfavorable
Information File (UIF) in  his  records  prevented  him  from  serious
consideration for promotion to colonel below the promotion zone  (BPZ)
by two boards and he was given no consideration for SSS selection  and
attendance by two boards. Because his eligibility had expired for SSS,
he was ineligible for candidacy in 2002 once  the  LOR  and  UIF  were
expunged by the AFBCMR in Apr 02.

He provides a copy of the Record of Proceedings (ROP) of his  original
appeal and a letter written by his former  wing  commander  and  senor
rater requesting he be granted the opportunity to be  reconsidered  by
two BPZ boards for colonel and by two SSS selection boards.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered BPZ for the grade of colonel by the CY00A
and  CY01B  boards,  which  convened  on  17  Jul  00  and  3 Dec  01,
respectively.   However,  he  was   not   selected.    The   Promotion
Recommendation  Forms  (PRFs)  reflected  overall  recommendations  of
“Promote.”

The 2 Apr 02 ROP summarizing the circumstances of the LOR/UIF and  the
Board’s rationale for granting relief is provided by the applicant  at
Exhibit A. Exhibit H  of  the  ROP  is  a  letter  from  HQ  AFPC/DPPB
verifying that the 31 Mar 00 LOR  was  not  included  in  the  Officer
Selection Record (OSR) reviewed by the CY00A and CY01B boards.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in  the  official  documents  provided  in  the  applicant’s
submission (Exhibit A) and in the letters prepared by the  appropriate
offices of the Air Force (Exhibits C and D).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPE advises that AFI 36-2301 states that to be  eligible  to
attend SSS in-residence, lieutenant colonels  and  lieutenant  colonel
selectees must be selected as an SSS  candidate  or  be  nominated  by
their management level (ML) as  a  non-candidate  to  compete  at  the
annual HQ AFPC SSS Central Board.  SSS candidacy is determined at  the
lieutenant colonel promotion board. Once designated  as  a  candidate,
the officer can compete for SSS annually  until  no  longer  eligible.
The applicant did not have SSS candidacy.  His  years  of  eligibility
were 1998, 1999, 2000 and 2001. The applicant was  still  eligible  to
compete for SSS as a non-candidate in 2000 and 2001; however,  he  was
not nominated by his ML as a  non-candidate.  Since  the  LOR/UIF  was
expunged  from  the   applicant’s   record   and   his   former   wing
commander/senior rater strongly supports his attendance at SSS,  DPAPE
recommends his record be considered for SSS.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO notes that HQ AFPC/DPPB confirmed the LOR was  not  part
of the applicant’s OSR that was seen by the CY00A  and  CY01B  boards.
The board members were not aware of the LOR and it  was  not  factored
into their overall promotion evaluation.  Therefore, SSB consideration
BPZ for these two boards is not warranted.  HQ AFPC/DPAPE agrees  that
the applicant should be considered for SSS since the LOR and UIF  were
expunged from his records, and the senior rater strongly supports  the
applicant’s attendance at SSS.  If the applicant is nominated  by  his
senior rater as a non-candidate for the CY00 and CY01 SSS designation,
HQ AFPC/DPPPO recommends the applicant be considered for SSS  by  SSB.
However, as explained  above,  they  recommend  his  request  for  SSB
consideration to the grade of colonel by the CY00A and CY01B boards be
disapproved.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 10 Jan 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 SSB consideration as  a
nominated non-candidate by the CY00 and CY01 SSS selection boards.  We
note the Air Force’s assertions in both the  original  appeal  and  in
this case that the LOR was not part of the applicant’s OSR seen by the
CY00A and CY01B boards, that the board members were not aware  of  the
LOR, and that  it  was  not  factored  into  their  overall  promotion
evaluation. Further, the AFBCMR directed voidance of the LOR from  the
applicant’s records on 7 Mar 02. The  applicant  has  not  established
that the LOR was accessible to or seen by the  selection  boards  when
they considered his OSR in Jul 00 and Dec 01. As he has not shown that
his records warrant corrective action with regard to the LOR, we  find
no compelling basis to grant SSB consideration BPZ for the  CY00A  and
CY01B Central Colonel selection boards. However, based on  the  senior
rater’s supporting statement and the Air  Force’s  recommendation,  we
believe the applicant should be given  SSB  consideration  as  a  non-
candidate for  SSS.  As  the  applicant’s  senior  rater  has  already
indicated his support of the applicant’s non-candidacy,  we  recommend
that his records reflect  he  was  afforded  SSB  consideration  as  a
nominated non-candidate for the CY00 and CY01 SSS selection boards.

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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  show  that  his  senior  rater
nominated him as a non-candidate for Senior Service School  (SSS)  and
he be considered as a nominated  non-candidate  by  Special  Selection
Board for the Calendar Year 2000 and 2001 SSS Selection Boards.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive  Session  on  20  February  and  4  March  2003,  under  the
provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Mary J. Johnson, Member
                  Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  02-
02860 was considered:

   Exhibit A.  DD Form 149, dated 27 Aug 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPE, dated 31 Oct 02.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 6 Jan 03.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR BC-2002-02860




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 to show that his senior rater
nominated him as a non-candidate for Senior Service School (SSS) and
he be considered as a nominated non-candidate by Special Selection
Board for the Calendar Year 2000 and 2001 SSS Selection Boards.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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