RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04099
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The promotion recommendation form (PRF) prepared on him for and viewed
by the calendar year (CY) 00A  Central  Lieutenant  Colonel  Selection
Board be voided and replaced with the original PRF  prepared  for  the
board.

The letter that he wrote  to  the  CY00A  Central  lieutenant  Colonel
Selection Board president be removed from his records.

He be considered  for  promotion  to  lieutenant  colonel  by  special
selection  board  (SSB)  for  the  CY00A  Central  Lieutenant  Colonel
Selection Board with the corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given a promote recommendation on the PRF  originally  prepared
on him for the CY00A Central Lieutenant Colonel Board.   His  PRF  was
redone and he was given a new  promotion  recommendation  of  “Do  Not
Promote” (DNP) due  to  his  being  charged  with  driving  under  the
influence (DUI) of alcohol and being relieved of duty.

At the time his PRF was changed, the charges against him were  pending
and were completely dismissed by the time of the promotion board.

Due to his not being  selected  for  promotion,  he  appealed  to  the
Evaluation Reports Appeal Board (ERAB) for promotion consideration  by
SSB with his original PRF.  The ERAB only agreed to revise the  report
by deleting the statement “ …the Maj  was  charged  with  an  off-base
DUI.”  They denied his request for promotion consideration by SSB.  By
removing the statement,  the  ERAB  substantiated  that  his  PRF  was
invalid, unfair, and inaccurate.

Although the ERAB removed the statement regarding  his  being  charged
with a DUI, it actually provided him no  relief  when  it  denied  his
request to void the PRF in its entirety and promotion consideration by
SSB.

In support of his appeal,  the  applicant  provides  documentation  to
explain the complete dismissal of the civilian DUI charges and  copies
of the actions he has taken in regards to his PRF.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
major.  His Total Active Federal Military Service Date (TAFMSD) is  12
Sep 85.  A review of the  applicant’s  last  ten  Officer  Performance
Reports (OPRs) indicates overall ratings of “meets standards.”

The applicant was considered and  nonselected  for  promotion  by  the
CY00A Central Lieutenant Colonel Selection Board.  The PRF reviewed by
said board contained an overall recommendation of “Do Not Promote This
Board.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial of the applicant’s request  to  void  his
PRF for the CY00A Central Lieutenant Colonel Selection Board.

The ERAB removed the inappropriate reference to a pending DUI from the
applicant’s PRF.  However, in order to change Section IV, the original
senior rater will need to demonstrate there was a  material  error  in
the PRF;  a  material  error  in  the  record  of  performance,  which
substantially impacted the content of the PRF; or, a material error in
the process by which the PRF was crafted.  In all  cases,  changes  to
Section IV must be related to  the  documented  error.   In  addition,
changing the overall recommendation (Section IX) to “promote” requires
the concurrence of both the senior rater  and  MLR  president.   These
requirements have not been met.   The  applicant  does  not  have  any
supportive documentation from the senior  rater  or  management  level
review (MLR) president.

The complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s request for  promotion
consideration by SSB and removal of the letter written  to  the  board
president.

Since AFPC/DPPPE recommends denial of the applicant’s request to  void
his PRF, SSB consideration is not warranted.  The letter the applicant
submitted to the promotion board president is an historical  document.
The only time a letter is withdrawn from the historical record is when
the subject matter of  the  letter  is  subsequently  altered  through
appeal action.  Otherwise, the letter should  stand  as  a  historical
document for the CY00A promotion board.

The complete evaluation is at Exhibit D.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an initial response to the Air  Force  evaluations,  the  applicant
requested that his case be temporarily withdrawn to allow him time  to
review and respond.  He indicated that he had not had the  opportunity
to respond  due  to  being  deployed  and  the  evaluations  were  not
forwarded to him.

The applicant’s complete response is at Exhibit F.

The applicant submitted a second response to the Air Force evaluations
reinstating  his  case  and  providing  his  rebuttal  comments.   The
applicant  states  that  the  evaluation  by  AFPC/DPPPE  presents  an
inaccurate account of events and is built on the faulty  premise  that
he must obtain the support of both his senior rater and MLR  president
in order to rectify the injustice done to him.

The applicant addresses four arguments upon which AFPC/DPPPE based its
recommendation to deny.  The applicant  provides  a  letter  from  his
immediate supervisor to confirm that he was  presented  with  the  MLR
approved PRF  containing  a  promote  recommendation.   He  references
paragraph  3.7.7  of  AFI  36-2406,  “raters  should  be  particularly
cautious about referring to charges preferred, … that are not complete
as of the close-out date of the report,” to show that his senior rater
created a situation under which he entered the promotion process  with
a PRF flagged with a pending charge.  Before the promotion process was
fully complete, the charge was dropped entirely.

In regard to the comment about the DUI contained in  his  second  PRF,
the  applicant  states  that  the  single  greatest  evidence  of  the
impropriety of the comment was the action by the ERAB  to  remove  the
comment from the PRF.   However,  this  action  was  after  the  CY00A
Central Lieutenant Colonel Selection Board met and he was not selected
for promotion.  Therefore, this remedy offered no relief  to  him  and
they now oppose his efforts to seek a meaningful remedy.

The applicant asserts that AFPC’s position  that  Section  IV  of  the
second PRF (“Do Not  Promote”)  cannot  be  changed  and  the  overall
recommendation changed to “Promote” without the support  of  both  the
senior rater and MLR president presents a serious misdirection of  the
issue at hand.  Changing the PRF has never  been  the  remedy  he  has
sought.  He is requesting that  the  second  PRF  be  voided  and  the
original PRF prepared on him be reinstated.   He  states  that  it  is
correct to assume that he does not have  the  support  of  the  senior
rater.  The letter of  support  he  has  from  his  former  supervisor
explains the senior rater’s view of changing the PRF, that the  appeal
process is the avenue he should use to rectify any injustice.

The applicant’s complete response, with attachment, is at Exhibit G.

_________________________________________________________________


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.  Based on the  statement  provided  by
the applicant’s former rater, the sole reason the applicant’s promotion
recommendation form was reaccomplished and  he  was  given  a  “Do  Not
Promote”  recommendation  for  the  CY00A  Central  Lieutenant  Colonel
Selection Board appears to be the charges filed against him by civilian
authorities for driving under the influence and his subsequently  being
relieved from command.  The  record  now  clearly  indicates  that  the
charges against the applicant were dismissed.  The Board finds a bit of
irony in the action of the applicant’s senior  rater  to  take  such  a
harsh action based on the civilian  charges,  yet  not  be  willing  to
support the applicant upon his subsequent exoneration.   In  our  view,
this  most  certainly  constitutes  an  injustice.   We   believe   the
reaccomplished PRF with the  “Do  Not  Promote”  recommendation  to  be
unduly harsh and lacking a basis of justification.  While it is unusual
for us to recommend changing  a  PRF  and  granting  consideration  for
promotion without the support of the senior rater, other than a  direct
promotion, which we do  not  support,  we  believe  this  is  the  most
acceptable course of action in this case.  We  also  believe  that  the
letter written by the applicant to the CY00A Central Lieutenant Colonel
Selection Board president should be voided and removed from his record.
 Therefore, we recommend that the applicant’s records be  corrected  as
indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

          a.  The Promotion Recommendation Form  (PRF),  AF  Form  709,
reviewed by the CY00A Central Lieutenant Colonel Selection Board, which
convened on 28 November 2000, containing an overall  recommendation  in
Section IX of “Do Not Promote This Board” be declared void and  removed
from his records and replaced with the attached  PRF,  which  reads  in
Section IV, line nine, “Superb officer/leader…does it all!  Just  moved
into big  SQ/CC  billet--definitely  promote  and  send  to  SSS!”  and
contains an overall recommendation in Section IX of “Promote.”

          b.  The letter he  wrote  to  the  CY00A  Central  Lieutenant
Colonel Selection Board president, dated 20 Nov 00,  be  declared  void
and removed from his officer selection record.

It is further recommended  that  he  be  considered  for  promotion  to
lieutenant colonel by Special  Selection  Board  (SSB)  for  the  CY00A
Central Lieutenant Selection Board with the corrected record.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-
04099 in Executive Session on 2 July 2003, under the provisions of  AFI
36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Nancy Wells Drury, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 14 Jan 03.
     Exhibit D.  Memorandum, AFPC/DPPPO, dated 29 Jan 03.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit F.  Memorandum, Applicant, dated 29 Apr 03,
                 w/atch.
     Exhibit G.  Memorandum, Applicant, dated 9 Jun 03,
                 w/atch.




                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR BC-2002-04099


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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that:

            a.  The Promotion Recommendation Form (PRF), AF Form
709, reviewed by the CY00A Central Lieutenant Colonel Selection
Board, which convened on 28 November 2000, containing an overall
recommendation in Section IX of “Do Not Promote This Board” be, and
hereby is, declared void and removed from his records and replaced
with the attached PRF, which reads in Section IV, line nine,
“Superb officer/leader…does it all!  Just moved into big SQ/CC
billet--definitely promote and send to SSS!,” and contains an
overall recommendation in Section IX of “Promote.”

            b.  The letter he wrote to the CY00A Central Lieutenant
Colonel Selection Board president, dated 20 Nov 00, be, and hereby
is, declared void and removed from his officer selection record.

      It is further directed that he be considered for promotion to
lieutenant colonel by Special Selection Board (SSB) for the CY00A
Central Lieutenant Selection Board with the corrected record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Atch
AF Form 709, CY00A Board