RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00601
INDEX CODE: 131.00, 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting revised Promotion
Recommendation Forms (PRFs) for the CY01A (P0401A) and CY02B (P0402B)
Central Major Selection Boards. She be considered for promotion to
the grade of major by a Special Selection Board (SSB) for the CY01A
and CY02B Central Major Selection Boards.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was racially discriminated against for approximately two years by
the squadron commander/chief nurse at Shaw AFB. The squadron
commander took it upon himself to write all PRFs in order to control
the promotion selection process of individuals who were not in his
direct line of supervision. Specifically, her CY01A PRF contained
weak and meaningless statements that neither reflected, nor fully
recognized her accomplishments. Her CY02B PRF was written by the same
squadron commander who wrote her CY02A PRF and actually used the
identical bullet statements that were identified as weak and
meaningless on her CY01A PRF.
In support of her request, applicant submits a personal statement and
a copy of her Air Force Instruction (AFI) 36-2401 appeal, with
attachments, and a statement from a former coworker. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
17 February 1988. She is currently serving on active duty in the
grade of captain, with an effective date and date of rank of 24
February 1992.
Applicant's OPR profile for the last ten reporting periods follows:
Period Ending Evaluation
31 May 95 Meets Standards (MS)
31 May 96 MS
31 May 97 MS
31 May 98 MS
# 31 May 99 MS
31 May 00 MS
## 19 Mar 01 MS
### 20 Nov 01 MS
####22 Jun 02 MS
3 Feb 03 MS
# Top report at the time she was considered and nonselected for
promotion to major by the CY00A (P0400A) Central Major Selection
Board, which convened on 24 January 2000.
## Top report at the time she was considered and nonselected for
promotion to major by the CY01A (P0401A) Central Major Selection
Board, which convened on 18 June 2001. The applicant received a
“Promote” recommendation on her P0401A PRF.
### Top report at the time she was considered and nonselected for
promotion to major by the CY02A (P0402A) Central Major Selection
Board, which convened on 19 February 2002. The applicant received a
“Promote” recommendation on her P0402A PRF.
#### Top report at the time she was considered and nonselected for
promotion to major by the CY02B (P0402B) Central Major Selection
Board, which convened on 3 October 2002. The applicant received a
“Promote” recommendation on her P0402B PRF.
A similar appeal by the applicant, under Air Force Instruction (AFI)
36-2401, was considered and returned without action by the Evaluation
Report Appeal Board (ERAB) in February 2003. The applicant was
notified that her request for reconsideration for promotion did not
fall under the purview of the ERAB.
_________________________________________________________________
AIR FORCE EVALUATIONS:
HQ AFPC/DPAMF2 states that the applicant’s records have been reviewed
by HQ AFPC/DPAMN (Medical Service Officer Management Division), who
concurs with the comments provided by the previous Chief, Nurse
Utilization and Education Branch. The comments regarding “poorly
written with weak bullet statements” apply only to the PRF for the
P0401A major selection board. A complete copy of this evaluation is
appended at Exhibit C.
HQ AFPC/DPPPE recommends the application be denied. DPPPE states that
the applicant has not provided any documentation to support her
allegations of racial discrimination by the squadron chief/chief nurse
or that he wrote all PRFs in order to control the selection process of
individual promotions. With regard to bullet statements on her PRF,
the senior rater bears the responsibility of selecting what to include
in the PRF, and what to leave out; which portions of the officer’s
career to concentrate on, and which portions to have supported by the
record. The applicant has not provided new PRFs, with supportive
documentation from the senior rater and management level review
president as required. A complete copy of this evaluation is appended
at Exhibit D.
HQ AFPC/DPPPO recommends the application be denied. DPPPO reviewed
the findings in the HQ AFPC/DPPPE and HQ AFPC/DPAMF2 advisories and
have nothing further to add. A complete copy of this evaluation is
appended at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
The applicant reviewed the advisory opinions and indicated that the
chief nurse and the numbered medical group commander have since been
reassigned (PCS). While at Shaw AFB and prior to the Central
Selection Board (CSB), efforts were made to resolve the issue
concerning the 2001 PRF written by the chief nurse. She arranged a
meeting with the group commander and was told that her next PRF would
be much stronger and reflect current accomplishments. She realizes
that the senior rater makes the decision on what to include in the PRF
and what portions of her career to focus on. However, she expected a
different version of her 2002 PRF than the same identical version
prepared on the 2001 PRF. She could not dispute the 2002 PRF because
she and her chain of command had been reassigned by the time she
received the 2002 PRF. She feels that the chief nurse failed to place
her in an equitable position that would allow her a fair opportunity
for promotion by the wording and choice of bullet statements for two
consecutive years. As far as the racial discrimination complaint is
concerned, this is very difficult to prove particularly because she
does not have any substantial proof to support it.
In support of her request, applicant submits copies of her PRFs for
promotion consideration below-the-zone, in-the-zone and above-the-
zone. Applicant’s former flight commander, who is the additional
rater on her OPRs rendered during the period 1 June 1999 through 22
June 2002, has submitted a statement of support. The applicant’s
complete submission, with attachments, and the former flight
commander’s letter are 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
documentation pertaining to this appeal, we are unpersuaded that the
contested PRFs should be revised and the applicant given SSB
consideration. The applicant’s contentions are duly noted, as was the
former flight commander’s supporting statement. However, we did not
find any support from the appropriate senior rater or the Management
Level Review (MLR) president. The applicant did not submit, nor did
we find, evidence to support her allegation that the senior rater did
not follow the intent of the Air Force instruction with regard to her
PRFs. We are therefore not persuaded by the available evidence that
the contested PRFs are inaccurate as written or technically flawed.
In addition, the applicant has not provided evidence to substantiate
racial discrimination. Consequently, we agree with the opinion and
recommendation of the Air Force office of primary responsibility (HQ
AFPC/DPPPE) and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain her burden that she
has suffered either an error or an injustice. Therefore, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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 Session on 14 August 2003, under
the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Christopher Carey, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2003-00601.
Exhibit A. DD Form 149, dated 5 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAMF2, dated 25 Mar 03.
Exhibit D. Letter, HQ AFPC/DPPPE, dated 9 May 03.
Exhibit E. Letter, HQ AFPC/DPPPO, dated 13 May 03.
Exhibit F. Letter, SAF/MRBR, dated 23 May 03.
Exhibit G. Letter from Applicant, dated 18 June 03, w/atchs.
JOSEPH A. ROJ
Panel Chair
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