RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00287
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of lieutenant colonel.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The mandate for fair and equitable “consideration for minorities and women”
given to the 1998 Lieutenant Colonel Selection Board clearly required that
female and minority officers were to be evaluated under a different
standard than white male officers. This action showed bias toward race and
sex.
In support of the appeal, applicant submits his personal statement, a copy
of the U.S. Court of Appeals for the Federal Circuit decision in Berkley,
and the Secretary of the Air Force’s Memorandum of Instructions (MOIs) for
the 1997 and 1998 selection boards.
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 major.
He was considered and not selected for promotion to the grade of lieutenant
colonel by the CY98B Lieutenant Colonel Line 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 CY98B 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 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.
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 CY98B
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 CY98B selection
board. In the absence of evidence that his records were in error or unjust
at the time of his consideration by the CY98B selection board, we believe
the applicant has failed to sustain his burden that he has suffered either
an error or an injustice.
_________________________________________________________________
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-2003-00287
in Executive Session on _____________, 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 10 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AF/JAG, dated 31 Jan 03.
Exhibit D. Letter, AFPC/DPPPO, dated 31 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 28 Feb 03.
THOMAS S. MARKIEWICZ
Vice Chair
AF | BCMR | CY2003 | BC-2002-03410
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. There is no legal basis to challenge the revised MOI section...
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 | 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-2003-02267
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-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...
AF | BCMR | CY2004 | BC-2003-01672
On 17 Apr 02, the United States Court of Appeals for the Federal Circuit ruled that the instructions given to Air Force selection boards to be particularly sensitive to women and minority candidates were unconstitutional because it violated the Fifth Amendment rights to equal protection under the law (Berkley v. United States). In support of his request, applicant provided a personal statement, copies of his performance reports, a personal note he received, the Berkley v. United States...
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-2004-02455
The AF/JAA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Contrary to the evaluation’s assertion, his request is timely filed. Exhibit B. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2004-02455 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...
AF | BCMR | CY2005 | BC-2004-03117
The Promotion Recommendation Form (PRF) prepared for the P0601A Colonel Board be removed from his records and replaced with the reaccomplished PRF he has provided. In this respect, we note that in accordance with the governing Air Force Instruction (AFI) in effect at the time the PRF was rendered, supporting documentation from both the senior rater and MLR president is required prior to correction of Section IV, Promotion Recommendation, of a PRF. c. We are not persuaded the MOI used...