RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01182
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His record, to include his  master’s  degree  in  Aeronautical  Science,  be
considered for promotion to the  grade  of  lieutenant  colonel  by  Special
Selection Board (SSB) for the Calendar Year 2000A (CY00A) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A four-year assignment to a location  without  the  degree  program  he  was
enrolled in,  coupled  with  deployments  and  temporary  duty  assignments,
interrupted his studies and prevented him from completing a master’s  degree
before his primary lieutenant colonel promotion board.   Moreover,  the  Air
Force conducted two lieutenant colonel promotion boards in  1999,  19  April
and 30 November,  decreasing  the  normal  interval  between  boards.   This
accelerated his primary board from Fall 2001 to November 2000  and  made  it
impossible for him to complete the final two courses prior to the board.

In support of his appeal, the applicant provided a  personal  statement,  an
Active  Duty  Officer  Verification  Brief,   Extended   Campus   Unofficial
Transcript of Academic Record, and other documentation.

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

_________________________________________________________________








STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by  the  CY00A  (28  November  2000),  CYO1B  (5 November
2001), and  the  CY02B  (12  November  2002)  Lieutenant  Colonel  Selection
Boards.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                  9 Jun 95              Meets Standards (MS)
                 15 Feb 96                   (MS)
                 15 Feb 97                   (MS)
                 15 Feb 98                   (MS)
                 15 Feb 99                   (MS)
                 15 Oct 99   Training Report (TR)
                 # 15 Feb 00                 (MS)
                ## 15 Feb 01                                  (MS)
               ### 15 Feb 02                 (MS)

# Top Report on file for the CY00A Board
## Top Report on file for the CY01B Board
### Top Report on file for the CY02B Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated that the  applicant  requests
that a SSB view his record as though he had  received  his  master’s  degree
prior  to  the  board.   However,  AFI  36-2501,  paragraph  6.5.2,   states
“Consider the records of  officers  as  they  would  have  appeared  to  the
original board had the officers been  properly  considered.”   The  master’s
degree, which he earned in 2001, was not a matter of record  for  the  CY00A
board and therefore does not merit SSB consideration.

Additionally, the only way  to  update  a  master’s  degree  on  an  Officer
Selection Brief (OSB) is for the officer to provide the Air Force  Institute
of Technology (AFIT) with an original, official transcript,  or  to  request
that his educational institution forward an official transcript to AFIT,  as
AFIT is the only agency authorized to  update  academic  data.   Since  this
area holds the officer’s two highest degrees and  reflects  the  “year”  (in
this case, 2001) for the most recently completed academic degree  only,  the
SSB board members would be able  to  identify  the  consideree  meeting  the
board.



Regarding applicant’s letter to the CY00A  board,  the  board  members  were
aware of his circumstances and his delay in completing his master’s  degree.
 In submitting such a letter the applicant  made  a  conscious  decision  to
create a historical document, which remains a part of the  record  that  met
the CY00A board.  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.  For example, a letter  speaking  to  an  Article  15
that is subsequently overturned.  Otherwise, the letter should stand  as  an
historical document for the CY00A board, as it was part of the  deliberation
process for that board.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  evaluation  and  indicates  that  he  was  at  a
competitive  disadvantage  with  his  peers  for  not  having  completed  an
advanced degree prior to the CY00A  board,  which  was  his  primary  board,
resulting in non-selection for promotion.  He earned an advanced  degree  in
May 2001 despite a four-year delay due to  assignments  that  prevented  him
from completing the  degree  earlier.   Despite  the  delay  he  planned  to
complete degree requirements before his primary board, anticipating a  board
in the Fall of 2001.  Lieutenant Colonel promotion boards  were  accelerated
with the addition of a second board in  1999  (CY99B),  moving  his  primary
board up to  November  2000.   The  net  result  of  assignments  and  board
compression is he effectively lost five  years  in  which  to  complete  his
degree  program.   Although  he  met  subsequent  boards  with  the   degree
completed, he was  considered  “above-the-zone”  which  carries  a  negative
connotation and makes the probability of promotion remote.  He  believes  in
the core value of Service Before Self to the extent that it was  detrimental
to him professionally.   Had  he  taken  care  of  himself,  he  would  have
requested an assignment to a location with the university  he  was  enrolled
in so he could have completed his degree without interruption.  Instead,  he
did not  question  ”the  needs  of  the  Air  Force”  when  he  accepted  an
assignment at Scott AFB.  He desires the opportunity  to  compete  with  his
peers at the CY00A board with the inclusion of his master’s  degree  in  his
records.

Applicant’s response, with attachment, is at Exhibit E.
_________________________________________________________________

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 an error or injustice.  The applicant argues  essentially  that
due to circumstances beyond his control, to include the fact  that  his  in-
the-promotion zone (IPZ) consideration was earlier than he  anticipated,  he
was unable to complete his master’s degree and therefore his record  was  at
a disadvantage when he was considered for  promotion.   While  it  could  be
argued that the applicant’s record would have been more competitive  had  he
received his master’s degree before the selection board, we do  not  believe
that this is the central issue of this case; rather, it is  whether  or  not
an error or  injustice  has  occurred.   We  believe  that  the  applicant’s
argument that he did not receive fair consideration has no merit.   In  this
respect,  the  applicant’s  records  were  not  incomplete  when  they  were
considered for promotion to the grade of lieutenant colonel because  he  was
not awarded his master’s  degree  until  May  2001,  well  after  the  CY00A
selection board convened.  We note that the applicant wrote a letter to  the
board president addressing the issue of his master’s degree; therefore,  the
board members would have  been  aware  of  his  enrollment  in  an  advanced
education program and why he had not  completed  the  requirements  for  his
degree.  Further, with respect to the  applicant’s  IPZ  board,  while  this
board may have convened earlier than he anticipated, he has not  established
that  he  was  treated  any  differently  than  others  similarly   situated
individuals.  It must be noted that promotion to  the  grade  of  lieutenant
colonel is highly competitive and while we can  understand  the  applicant’s
disappointment in not being selected  for  promotion,  we  cannot  determine
with any certainty why he was not selected for promotion.  However,  on  the
basis of  the  evidence  presented,  we  find  no  error  or  injustice  and
therefore, we find no compelling basis upon which to recommend granting  the
requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
01182 in Executive Session on 30 July 2003, under the provisions of AFI  36-
2603:

                  Mr. Roscoe Hinton, Jr., Panel Chair
                  Ms. Kathleen F. Graham, Member
                  Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 March 2003.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 28 May 2003, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 June 2003.
   Exhibit E.  Letter, Applicant, dated 25 June 2003, w/atch.




                                ROSCOE HINTON, JR.
                                Panel Chair