RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03410
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for promotion to the grade of colonel by a Special
Selection Board (SSB) for the Calendar Year 1999A (CY99A) Colonel Judge
Advocate General (JAG) Central Selection Board.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The portion of the Memorandum of Instruction (MOI) that provided particular
attention to women and minority officers violated the equal protection
guarantee of the Fifth Amendment.
The applicant cites a decision by the U.S. Court of Appeals for the Federal
Circuit that the Secretary of the Air Force’s Memorandum of Instruction
(MOI) concerning consideration of minority and female officers, required
differential treatment of officers based on their race and gender. As a
white male officer, he should receive SSB consideration for promotion.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
lieutenant colonel.
He was considered and not selected for promotion to the grade of colonel by
the CY97B and CY98C Colonel JAG Central Selection Boards (below-the-
promotion zone (BTZ)) and the CY99A Colonel JAG Central Selection Board (in-
the-promotion zone (IPZ)).
_________________________________________________________________
AIR FORCE EVALUATIONS:
AF/JAG recommends the application be denied and states, in part, that in
1998, the offending MOI section was changed. The revised MOI was used by
the CY99A selection board and did not create either a constitutionally
objectionable classification or benefits or burdens for competitors in the
board process. There is no legal basis to challenge the revised MOI
section and the applicant has failed to demonstrate any error or injustice.
The AF/JAG evaluation is at Exhibit C.
AFPC/DPPPO states that the applicant met the CY97B and CY98C Colonel JAG
Central Selection Boards as a BPZ eligible and the CY99A Colonel JAG
Central Selection Board as an IPZ eligible.
The AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 18 December 2002 for review and response within 30 days.
However, 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. The applicant contends that the MOI used by the CY99A
selection board provided particular attention to women and minority
eligibles; thus, violating the equal protection guarantee of the Fifth
Amendment. However, in 1998, the MOI was revised to remove the language
cited by the court in Berkley and was not in use during the CY99A selection
board. In the absence of evidence that his records were in error or unjust
at the time of his consideration by the CY99A selection board, we believe
the applicant has failed to sustain his burden that he has suffered either
an error or an injustice to warrant SSB consideration.
_________________________________________________________________
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 Docket Number BC-2002-03410
in Executive Session on 3 March 2003, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. James W. Russell, III, Member
Ms. Kathleen Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AF/JAG, dated 21 Nov 02.
Exhibit D. Letter, AFPC/DPPPO, dated 5 Dec 02.
Exhibit E. Letter, SAF/MRBR, dated 18 Dec 02.
THOMAS S. MARKIEWICZ
Vice Chair
AF | BCMR | CY2003 | BC-2003-02267
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02267 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered by a Special Selection Board (SSB) for promotion to the grade of colonel for the Calendar Year 1998 (CY98) and all other boards that he was considered without the Air Force Memorandum of Instruction (MOI). As a male officer, he...
AF | BCMR | CY2003 | BC-2002-01608
The AFPC/DPPPO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: The applicant’s counsel states that AF/JAG concedes that the U.S. Court of Appeals has twice concluded that the EEO language used by the Secretary at the CY96C board required different treatment of officers based on their race and gender and must now be evaluated under a strict scrutiny analysis. The court has found the same language...
AF | BCMR | CY2003 | BC-2003-00287
The AF/JAG evaluation is at Exhibit C. AFPC/DPPPO states that the applicant met the CY98B Lieutenant Colonel Line Central Selection Board as an IPZ eligible. The AFPC/DPPPO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 28 February 2003 for review and response within 30 days. In the absence of evidence that his records...
AF | BCMR | CY2006 | BC-2005-03542
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03542 INDEX CODE: 131.01 COUNSEL: None HEARING DESIRED: Yes MANDATORY CASE COMPLETION DATE: 21 May 07 _________________________________________________________________ APPLICANT REQUESTS THAT: She be afforded direct promotion to the grade of colonel retroactive to original date of rank (DOR), with pay by the Calendar Year 1997B (CY97B) Colonel Central Selection Board (CSB), or...
AF | BCMR | CY2003 | BC-2002-04092
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-04092 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: She be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 1994A (CY94A) Lieutenant Colonel Judge Advocate General (JAG) Central Selection Board, and any subsequent boards where...
AF | BCMR | CY2004 | BC-2004-01721
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01721 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 1 Dec 05 _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the grade of major and be allowed to continue his Air Force career. In the absence of evidence that his records were in error or unjust at the time of his consideration by...
AF | BCMR | CY2003 | BC-2002-01975
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01975 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 1994A (CY94A) Lieutenant Colonel Judge Advocate General (JAG) Central Selection Board, and any subsequent boards where instructions...
AF | BCMR | CY2005 | BC-2004-01231
If he is not selected for promotion by the SSB, his records as corrected by the Air Force Personnel Center (AFPC) on 1 November 1996, be considered for promotion to the grade of colonel by an SSB for the CY95B Colonel Central Selection Board. Further, if he is selected for promotion, they will provide him the procedures to correct his retirement date at that time. The AF/JAA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF...
AF | BCMR | CY2003 | BC-2003-00546
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00546 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 1996B (CY96B) Colonel Judge Advocate General (JAG) Central Selection Board. The AFPC/DPPPO evaluation is at Exhibit...
AF | BCMR | CY2003 | BC-2002-02733
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02733 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of lieutenant colonel by Special Selection Boards (SSBs) for the Calendar Year 1993A (CY93A) Lieutenant Colonel Judge Advocate General (JAG) Central Selection Board, and any subsequent boards where instructions...