RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2003-01020
                                       INDEX CODE:  131.01
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records meet a Special Selection  Board  (SSB)  for  Calendar  Year  01B
(CY01B) (5 Nov 01) (P0501B) central lieutenant colonel selection board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His records would not have been disqualified for promotion had he been  able
to apply for early removal  of  his  Article  15  from  his  P0501B  Officer
Selection Brief (OSR).

In support of his application, he provides a copy of  his  P0501B  Promotion
Recommendation Form (PRF) and a  copy  of  his  Mission  Support  Squadron’s
memorandum dated 26 June 2002, concerning the CY02B Lieutenant  Colonel  (Lt
Col) Central Selection Board.  The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the  applicant  is
a rated officer who was appointed a second lieutenant, Reserve  of  the  Air
Force on 12 August 1986, and was  voluntarily  ordered  to  extended  active
duty on 1 February 1987.  He was integrated into the Regular Air Force on  3
June 1994 and was progressively promoted to the grade of major (0-4) with  a
date of rank of 1 July 1998.  He  has  an  established  Date  of  Separation
(DOS) of 31 January 2007.

The applicant received an Article  15  punishment  on  14  April  1997,  for
driving under  the  influence  of  alcohol.   His  punishment  consisted  of
forfeiture of $200 pay per month for two months.

The applicant has three non-selections to the grade of Lt Col by  the  CY01B
(5 Nov 01)(P0501B), the CY02B (12 Nov 02) (P0502B), and  the  CY03A  (8  Jul
03) (P0503A) Central Lieutenant Colonel Selection Boards.  The following  is
a resume of his OPR ratings commencing with the report closing 1 May 1992:

      PERIOD ENDING                     OVERALL EVALUATION

       1 May 92                         Meets Standards (MS)
      30 Jan 93                                MS
      30 Jan 94                                MS
      30 Jan 95                                MS
      30 Jan 96                                MS
      30 Jan 97                                MS
      30 Sep 97                                MS
      30 Sep 98 (Major)                        MS
       8 May 99                                MS
       8 May 00                                MS
       8 May 01                                MS
       8 May 02                                MS

On 12 August 2002, his commander requested the  applicant’s  Article  15  be
removed from his officer selection record.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states that the applicant’s request  to
remove the Article 15 from his P0501B OSR, as a result of  a  policy  change
pertaining to early removal of an Article  15  from  an  officer’s  OSR,  is
unfounded.  A request to remove an officer’s Article  15  from  his  OSR  is
considered early if it  is  prior  to  the  officer’s  In-the-Promotion-Zone
(IPZ) or Above-the-Promotion-Zone (APZ) promotion  consideration.   AFI  36-
2608  implements  the  1997  Interim  Change  Memorandum  which  gives  wing
commanders, or imposing commanders (review authority who directed  placement
of the Article 15 in the OSR) authority  to  direct  early  removal  of  the
Article 15 from the OSR at any time.  If  the  wing  commander  or  imposing
commander does not request direct removal of the Article 15  from  the  OSR,
the member may petition AFPC/DPPBR for removal of the Article 15 from  their
OSR, but only after one IPZ or APZ  promotion  consideration.   The  request
from his commander to remove the applicant’s Article 15 was  after  his  IPZ
(CY01B) promotion consideration.  The request was approved and filed  on  26
August 2002, and therefore, the Article 15 was not part of  the  applicant’s
OSR for his APZ (CY02B) promotion consideration.  The  DPPPO  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims he was not aware of the instruction to request  early
removal of an Article 15 from an OSR.  Had he known of the instruction, he
would have advocated for early removal of his Article 15.   He  feels  the
Article 15 should have been removed  prior  to  his  records  meeting  the
(CY01B) central lieutenant colonel selection board as demonstrated by  his
commander’s decision to remove it a year later.  He questions if retention
in the Air Force is an issue, how can one mistake of a captain affect  his
future based on arbitrary instruction.  He feels that a SSB should decide.
 The applicant’s rebuttal is at Exhibit E.

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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.   We  note  that  on  21  April  1997  the
applicant’s commander imposed non-judicial punishment on the  applicant  for
driving under the influence of alcohol.  His  commander  also  notified  the
applicant that the Article 15  would  be  placed  in  his  officer  HQ  USAF
Selection Record and Officer Command Selection Record.  We note that AFI 36-
2608 states that record of an Article 15  punishment  for  officers  in  the
grade of lieutenant  colonel  and  below,  is  maintained  on  file  in  the
individual’s selection record until the officer is afforded one IPZ  or  APZ
consideration unless the  commander  requests  an  earlier  removal  of  the
Article 15.  If the commander does  not  request  removal,  the  member  may
petition for early removal  of  the  Article  only  after  one  IPZ  or  APZ
consideration.  In this case, the applicant’s  commander  requested  removal
of  the  Article  15   after   the   applicant’s   IPZ   (CY01B)   promotion
consideration.  There is nothing in the evidence provided here showing  that
the applicant’s commander acted improperly or  to  indicate  he  wanted  the
Article 15 removed prior to the date of his request.  In view of the  above,
we find no compelling basis to recommend granting  the  applicant’s  request
for 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 this application in  Executive
Session on 23 October 2003, under the provisions of AFI 36-2603:

            Mr. Joseph A. Roj, Panel Chair
            Ms. Beth M. McCormick, Member
            Mr. James E. Short, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01020
was considered:

      Exhibit A.  DD Form 149, dated 21 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 29 Apr 03.
      Exhibit D.  Letter, SAF/MRBR, dated 2 May 03.
      Exhibit E.  Applicant’s Rebuttal, w/atchs, dated 16 Jun 03.




                                  JOSEPH A. ROJ
                                                   Panel Chair