RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02506
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Promotion Recommendation Form (PRF) prepared for the Fiscal Year 2002
(FY02) Air Force Reserve Line and Non-Line Colonel Selection Board be
removed from his records and he be considered by Special Selection Board
(SSB) for promotion to the grade of colonel. In the alternative, applicant
requests that he be directly promoted to the grade of colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 1 May 2000, he left the Air Force Reserve after completing two 179-day
tours with the Defense Intelligence Agency (DIA). He was returned to DIA
on a by name request. He was told that he would have to meet active duty
promotion boards while on this tour. In August 2001, he was told that he
had to meet a Reserve promotion board a week before PRFs were due. Nobody
knew that he was a Reservist and his records were missing or scattered.
The PRF ranking from DIA/J2 was made based upon missing information.
In support of his request applicant provided letters he wrote to ARPC/DPB
and their response to his letter; a copy of his DD Form 214, Certificate of
Release of Discharge from Active Duty; documentation associated with his
SSB consideration, documentation associated with his tour recommendation,
copies of his Officer Performance Reports (OPRs), a Records Review Report
of Individual Personnel (RIP), his Point Credit Summary, his PRF, and an
email communication.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 25
Oct 77. He has been progressively promoted to the grade of lieutenant
colonel, having assumed that grade effective 1 May 00 and with a date of
rank of 16 Jun 94.
On 21 May 00, the applicant began serving a limited period recall active
duty tour. At that time, officers were transferred to the active duty list
(ADL). The National Defense Authorization Act of 2001 (signed 30 Oct 00)
allowed Reserve officers, on a Title 10 tour of 3 years or less, to remain
on the Reserve active status list for promotion purposes. The applicant
was considered but not selected for promotion to the grade of colonel by
the FY02 Air Force Reserve Line and Nonline Colonel Selection Board. After
the board, it was noted that his Participation Summary History shown on his
Officer Selection Brief was inaccurate when viewed by the board. As a
result, he was granted SSB consideration for the FY02 board. He was not
selected by the SSB.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states that the applicant states in his
previous letter to DPB that if he had known the PRF would be included in
the SSB process he would have written a letter explaining his ranking. He
apparently believes there was something wrong with the "rack and stack" on
his PRF. He received a 4/4/4 meaning his senior rater had four officers
eligible to meet the original board, the senior rater awarded four
definitely promote recommendations, and the applicant, in the opinion of
the senior rater was ranked fourth in that group. The "rack and stack" is
the opinion of that senior rater which is used along with the entire
contents of his Officer Selection Record as part of the "whole person"
concept to determine the ability of an officer to serve in the next higher
grade. Consideration by SSB without a PRF in his record would not be a
fair and equitable solution. Officers considered without PRFs are
historically not promoted. All officers with a paid position are required
to have a PRF. If a PRF were not in his record, it would be obvious to the
board members that his record was incomplete.
Selection boards have twice chosen to not recommend the applicant for
promotion. There was missing information at the original selection board
and this was remedied by the SSB in August 2002. He has received fair and
equitable consideration for promotion to the next higher grade and there is
no evidence of an error or injustice to the applicant. The DPB evaluation
is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant made several points that were not addressed in the evaluation and
the analysis of the factors surrounding his case. His complete submission,
with attachments, is at Exhibit D.
_________________________________________________________________
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 provided in support of his appeal we find no evidence of an
error in this case and we are not persuaded by his uncorroborated
assertions that he has been the victim of an injustice. Evidence has not
been presented which would lead us to believe that there were any errors or
improprieties in his promotion recommendation process; or, that he was
denied the opportunity to compete successfully for promotion on a fair and
equitable basis. Therefore, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt their rationale
as the basis for our conclusion that the applicant has not been the victim
of an error or injustice. In the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC2003-
02506 in Executive Session on 17 Sep 03, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Michael Maglio, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jul 03, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 8 Aug 03.
Exhibit C. Letter, SAF/MRBR, dated 15 Aug 03.
Exhibit D. Letter, Applicant, dated 19 Aug 03.
ALBERT F. LOWAS, Jr.
Panel Chair
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