ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-00745
INDEX CODES: 131.01, 131.09
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be directly promoted to the grade of colonel; or, he again be given
Special Selection Board (SSB) consideration for promotion to the grade
of colonel by the Calendar Year 2001A (CY01A) Colonel Central
Selection Board, and, the Board order that special instructions be
given to the members of the SSB that properly explain the purpose of
the SSB and properly characterize a “Definitely Promote” (DP)
recommendation as being equivalent to a DP at a central promotion
board, and explain that it should be given the appropriate weight in
accordance with the law.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Jul 02, the Board recommended the applicant’s Officer
Performance Report (OPR) closing 15 Nov 00 be voided and replaced with
a reaccomplished OPR; his Promotion Recommendation Form (PRF) prepared
for consideration by the Calendar Year 2001A (CY01A) Colonel Central
Selection Board be voided and replaced with a reaccomplished PRF; and,
he be considered for promotion to the grade of colonel by a Special
Selection Board for the CY01A Colonel Central Selection Board and for
any subsequent boards for which the OPR closing 15 Nov 00, was a
matter of record. The Director, Air Force Review Boards Agency,
accepted the recommendation of the Board on 12 Aug 02. On 3 Dec 02,
the applicant was considered but nonselected for promotion to the
grade of colonel by an SSB. A complete copy of the Record of
Proceedings, which contains the facts of this appeal and the rationale
for the earlier decision by the Board, is attached at Exhibit G.
Applicant requests reconsideration of his application. Specifically,
he requests he be granted another SSB, and the Board order that
special instructions be given to the members of the SSB that properly
explain the purpose of the SSB and properly characterize a “Definitely
Promote” recommendation as being equivalent to a DP at a central
promotion board, and explain it should be given the appropriate weight
in accordance with the law.
Applicant’s complete submission, with attachments, is at Exhibit H.
In response to an AFPC/JA memorandum that was provided to him for his
review and comments, the applicant provided a subsequent submission,
which is attached at Exhibit J.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPB recommended denial indicating that a central tenant for
selection for an Air Force promotion is the whole person concept as
determined by an officer’s job performance, professional qualities,
leadership, depth and breadth of experience, job responsibility,
academic and professional military education (PME), and specific
achievements. This description of the whole person concept has been
utilized for many years and can be found in the Secretary of the Air
Force’s Memorandum of Instruction (MOI) given to a board of officers.
The PRF and its recommendation is the senior rater’s input to the
board concerning the officer’s job performance. A selection board is
not bound to promote an officer with a “DP” if the officer’s record
does not warrant the promotion. According to AFPC/DPPB, an
alternative and a more likely explanation to the applicant’s outcome
when he was considered by an SSB in Dec 02 is not that an injustice
was perpetrated upon him by the SSB, rather, in the board’s view, his
record, as measured by their whole person concept and in comparison to
the identified benchmarks, was not of sufficient quality for
promotion.
A complete copy of the AFPC/DPPB evaluation is at Exhibit K.
AFPC/DPPPO indicated that after carefully evaluating the evidence in
this case and the AFPC/DPPB advisory, they recommend denial of the
applicant’s request for SSB consideration, as well as direct promotion
to the grade of colonel.
A complete copy of the AFPC/DPPPO evaluation is at Exhibit L.
HQ USAF/JAA indicated, in sum, that they agree with the AFPC/JA
opinion, dated 23 Sep 03, and its analysis of the Haselrig case and
find it persuasive in the applicant’s case as well. They also believe
the AFPC/DPPB advisory is well-written and offers additional
information, analysis, and comment. In HQ USAF/JAA’s opinion, the
applicant has failed to demonstrate the existence of any error or
present facts and circumstances supporting an injustice.
A complete copy of the HQ USAF/JAA evaluation is at Exhibit M.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinions and furnished a response
indicating again that there is no question the SSB did not consider
his records, to include his PRF and DP promotion recommendation, in
the same manner as they would have been considered at the CSB,
resulting in his nonselection for promotion to colonel. In his view,
this obvious injustice should be corrected by directly promoting him
to colonel or by granting him a second SSB and ordering the members of
the SSB be properly instructed with regard to the function of the SSB
and how they should consider his PRF with a DP recommendation.
Applicant’s complete response is at Exhibit O.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Applicant’s complete submission
was thoroughly reviewed and his contentions were duly noted. However,
we did not find his assertions and his supporting documentation
sufficiently persuasive to override the rationale proffered by the Air
Force offices of primary responsibility (OPRs). No evidence has been
presented which has shown to our satisfaction the applicant was not
fairly and equitably considered for promotion to colonel by a duly
constituted SSB. In view of the foregoing, and in the absence of
sufficient evidence to the contrary, we agree with the recommendations
of the OPRs and adopt their rationale as the basis for our decision
the applicant has failed to sustain his burden of establishing he has
suffered either an error or an injustice. Accordingly, we conclude no
compelling basis exists to recommend granting the relief sought in
this appeal.
2. 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 BC-
2002-00745 in Executive Session on 19 Nov 04, under the provisions of
AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James E. Short, Member
Ms. Carolyn B. Willis, Member
The following additional documentary evidence was considered:
Exhibit G. Memorandum for the Chief of Staff,
dated 12 Aug 02, w/atchs.
Exhibit H. DD Form 149, dated 18 Feb 04, w/atchs.
Exhibit I. Letter, AFBCMR, dated 29 Mar 04, w/atch.
Exhibit J. Letter, applicant, dated 12 Apr 04, w/atch.
Exhibit K. Letter, AFPC/DPPB, dated 4 Jun 04.
Exhibit L. Letter, AFPC/DPPPO, dated 9 Jul 04.
Exhibit M. Letter, HQ USAF/JAA, dated 27 Aug 04.
Exhibit N. Letter, AFBCMR, dated 1 Sep 04.
Exhibit O. Letter, applicant, dated 7 Sep 04.
PEGGY E. GORDON
Panel Chair
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