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AF | BCMR | CY2003 | BC-2003-00258
Original file (BC-2003-00258.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00258

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Promotion Recommendation Form  (PRF)  prepared  for  the  Calendar  Year
2001B (P0601B) Central Colonel Selection Board be removed from  his  records
and  replaced  with  a  reaccomplished  PRF  and  his  corrected  record  be
considered for promotion by a Special Selection Board (SSB) for  the  P0601B
Colonel Selection Board.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The omission of the phrase “definitely promote” on his PRF  was  a  material
error that could have been used by  the  promotion  board  as  an  ambiguous
signal not to promote him despite his record.

The applicant states that the phrase is permissible in Block  IV,  Promotion
Recommendation, of the PRF.  He later learned that of the 47 PRFs  submitted
by SAF/AQP to the P0601A board, 40 had the words definitely  promote  and  5
said promote.  His PRF was one of only two that did  not  have  a  promotion
statement.

In support of the appeal, the applicant submits  a  reaccomplished  PRF  and
statements from the senior rater and SAF/AQ Management  Level  Review  (MLR)
Board President.

The senior  rater  states  that  the  omission  of  the  phrase  “definitely
promote” from the applicant’s PRF was a material  error  and  the  oversight
was his fault.  He further states that the applicant was ranked 6 of 14  IPZ
eligible officers who met the SAF/AQ MLR and was the  next  in  line  for  a
definitely promote recommendation.

The President of the SAF/AQ MRL Board states that the applicant  would  have
received SAF/AQ’s sixth “definitely  promote”  recommendation  if  they  had
more than five to award based on  their  pool  of  14  in-the-promotion-zone
(IPZ) eligibles.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered and not selected for promotion to the grade  of
colonel by the P0601B Colonel Selection Board.  The  PRF  prepared  for  the
P0601B board had an overall promotion recommendation of promote.

The Evaluation  Reports  Appeal  Board  (ERAB)  considered  and  denied  his
request to replace the contested PRF.

The applicant began terminal leave of 31 March 2003 and has  an  established
date of separation (DOS) of 1 July 2003.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPE recommends the application be denied and states,  in  part,  that
to change Section IV, the senior rater needs  to  demonstrate  there  was  a
material error in the PRF; a material error in the  record  of  performances
which substantially impacted the content of the PRF; or,  a  material  error
in the process by  which  the  PRF  was  crafted.   In  all  instances,  the
requested change to Section IV  must  be  related  to  a  documented  error.
These requirements have not been met.  He does not  state  what  actions  he
took prior to the Central Selection Board (CSB) to get his PRF corrected.

The AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO recommends the  application  be  denied  based  on  the  evidence
provided and the recommendation of AFPC/DPPPE.  AFPC/DPPPO has reviewed  the
findings in the AFPC/DPPPE advisory opinion and has nothing further to  add.
 In addition, since the AFPC/DPPPE advisory opinion recommends  denial,  SSB
consideration is not warranted.

The AFPC/DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states that the fact that only  2  of  47  PRFs  submitted  by
SAF/AQ to the P0601B board did not include a promotion statement makes  that
point compelling; that his record  was  ranked  sixth  of  14  IPZ  eligible
officers makes that point compelling.  He did  not  recognize  the  omission
prior to the CSB and it is doubtful that he would have  had  access  to  the
SAF/AQ board results prior to the release of the CSB due  to  the  sensitive
nature of the promotion process.  Two independent AFPC offices reviewed  his
record following the release of the P0601B and concluded that  the  omission
of the definitely promote phrase in his PRF was the only  oversight  in  his
record.  AFPC/DPPPE is correct in stating that inclusion of  the  phrase  is
not required by regulation,  but  the  advisory  opinion  does  not  address
whether  the  phrase  is  important  for  serious  promotion  consideration.
Inclusion of  the  phrase  is  a  material  error  in  fact,  but  does  not
significantly alter the content of his PRF.  He notes that there is  an  SSB
scheduled for 19 May 2003  and  should  the  Board  favorably  consider  his
request, he submits  a  letter  to  AFPC  waiving  the  30-day  notification
requirement for SSB consideration.

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

_________________________________________________________________

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.  The senior rater has provided a  statement
indicating that the omission of a  “Definitely  Promote”  statement  on  the
contested PRF was a material error and his oversight.  The senior rater  has
reaccomplished  the  PRF  by  replacing  the  phrase,  “Outstanding  on  all
fronts,” with “Definitely promote  this  Board.”   The  MRL  President  also
provides a statement indicating that of the 47 PRFs submitted by the MLR  to
the selection board the applicant’s  was  one  of  only  two  that  did  not
include either the words “promote” or “definitely promote,”  which  was  not
their intention.  In view of this, and given the statements from the  senior
rater and MRL President, we recommend the applicant’s records  be  corrected
to the extent 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,  prepared
for the Calendar Year 2001B Central  Colonel  Selection  Board  be  declared
void and removed from his records.

      b.    The attached PRF containing the last  sentence  in  Section  IV,
Promotion Recommendation, “Top 5%  of  officers  known  &  my  #1  for  IPZ!
Definitely promote this board--Send to SSS & make Grp CC,” be  accepted  for
file in its place.

It is further recommended that his record, to include the attached  PRF,  be
considered for promotion to the grade of  colonel  by  a  Special  Selection
Board for the Calendar Year 2001B Central Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-00258
in Executive Session on 22 May 2003, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Jean A. Reynolds, Member

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

    Exhibit A.  DD Form 149, dated 9 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 4 Mar 03.
    Exhibit D.  Letter, AFPC/DPPPO, dated 20 Mar 03.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.
    Exhibit F.  Letter, Applicant, dated 9 Apr 93 (sic), w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2003-00258




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 APPLICANT, be corrected to show that:

                       a.    The Promotion Recommendation Form (PRF), AF
Form 709, prepared for the Calendar Year 2001B Central Colonel Selection
Board be, and hereby is, declared void and removed from his records.

                       b.    The attached PRF containing the last sentence
in Section IV, Promotion Recommendation, “Top 5% of officers known & my #1
for IPZ! Definitely promote this board--Send to SSS & make Grp CC,” be
accepted for file in its place.

      It is further directed that his record, to include the attached PRF,
be considered for promotion to the grade of colonel by a Special Selection
Board for the Calendar Year 2001B Central Colonel Selection Board.










JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Attachment:
PRF, AF Form 709

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