ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03562-2
INDEX CODE: 111.01, 131.01
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his P0500A
promotion recommendation form (PRF) be corrected to reflect a $166 million
program versus an $80 million program; his completion of the USAF F-15E
Instructor Upgrade Course be documented on an AF Form 475,
Education/Training Report, versus AF Form 77, Supplemental Evaluation
Sheet; and his officer performance report (OPR) for the period 3 May 1998 -
2 May 1999, be corrected to include his rater’s intended senior service
school (SSS) recommendation; and he be considered by a Special Selection
Board (SSB) for promotion to Lieutenant Colonel (Lt Col).
_________________________________________________________________
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 11 May 1985, and was voluntarily ordered to extended active duty
on 8 August 1985. He was integrated into the Regular Air Force on 1 July
1993 and was progressively promoted to the grade of Major (0-4) with a date
of rank of 1 April 1997.
The applicant has two non-selections to the grade of Lt Col by the CY00A
(28 Nov 00) (P0500A) and the CY01B (5 Nov 01) (P0501B) Central Lieutenant
Colonel Selection Boards. The following is a resume of his OPR ratings and
training reports commencing with the report closing 30 October 1992:
PERIOD ENDING OVERALL EVALUATION
30 Oct 92 Meets Standards (MS)
9 Jun 93 MS
9 Jun 94 MS
14 Oct 94 MS
* 5 Jan 95 Supplemental Evaluation Sheet
31 Jul 95 MS
15 Jun 96 MS
15 Jun 97 (Major) MS
2 May 98 MS
* 2 May 99 MS
2 May 00 MS
29 Jun 01 MS
20 Feb 02 Training Report (TR)
19 Jul 02 MS
* Contested reports.
The Evaluation Reports Appeal Board (ERAB) considered and disapproved the
applicant’s request to substitute corrected copies of his OPR closing out 2
May 1999, his TR closing 5 January 1995, and the P0500A PRF. The ERAB also
did not approve the applicant’s request that his records meet an SSB for
promotion consideration. The applicant’s MPF was notified of the above on
13 September 2002.
A similar appeal was considered and denied by the Board on 28 May 2003.
For an accounting of the facts and circumstances surrounding the rationale
for the earlier decision by the Board, see Exhibit G.
The applicant submitted an undated request for reconsideration, contending
that there may have been a misrepresentation of his rater’s supporting
letter in his previous appeal. Therefore, he has submitted an additional
supporting letter from his rater. In addition, he forwards a personal
statement and additional letters of support not previously submitted with
his initial request. The applicant’s submission, with attachments, is at
Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant correcting the applicant’s PRF prepared for the CY
2000A central lieutenant colonel selection board, adding a PME
recommendation to his OPR closing 2 May 1999, substituting an
Education/Training Report in place of a Supplemental Evaluation Sheet to
document his completion of a 90-day upgrade training course, and
consideration by an SSB for the CY 2000A central lieutenant colonel
selection board. The Board majority determined there was insufficient
evidence to warrant changing the dollar figure cited in Section III, Item 2
of the contested PRF or to add an SSS recommendation to his OPR closing 2
May 1999. By unanimous vote, Board does not find the evidence provided
sufficiently compelling to substitute an Education/ Training Report in
place of a Supplemental Evaluation Sheet to document his completion of a 90-
day upgrade training course.
a. The applicant continues to assert that his completion of the USAF
F-15E Instructor Upgrade Course upgrade should have been documented on an
AF Form 475 rather than an AF Form 77. The Air Force office of primary
responsibility has indicated that the AF Form 77 was prepared in accordance
with the provisions of the governing regulation in effect at the time he
completed the training. We note the applicant’s submission of statements
by the 4 Mission Support Squadron, Chief, Customer Support claiming to have
located an AF Form 475 for the same period of training indicated on the
contested AF Form 77; however, neither their office nor the applicant have
been able to provide the AF 475 as evidence. And, even if similar training
performed by another officer during the same period of time were documented
on an AF Form 475, this would not, in our view, require approval of the
requested relief in the absence of evidence that successfully refutes the
Air Force position that completion of such an AF Form 475 was contrary to
the provisions of the governing regulation in effect at that time.
b. The Board majority noted the additional statement of support by
the rater of the applicant’s OPR closing 2 May 1999. The rater explains
that his reason for leaving out the SSS recommendation on the applicant’s
OPR was that he was unaware of the applicant’s eligibility for SSS at the
time of writing the contested OPR. In our previous review, we noted that
there was inconsistent support for SSS on the reports written prior and
subsequent to the contested report. After reviewing the rater’s most
recent statement, the Board majority is still not persuaded that a revision
of the previous determination concerning this issue is warranted,
especially since the OPR closed out in 1999, the selection board in
question convened in November 2000, the top report on file closed out in
May 2000 and that report did contain a recommendation for SSS. More
importantly, in the opinion of the Board majority, as noted by the Air
Force, the applicant chose not to seek correction of the 1999 report until
after he was notified of his nonselection, which vitiates against a finding
of error or injustice at the time the report was prepared.
c. As to the applicant’s request that the dollar figure cited in
Section III, Item 2 of the contested PRF be changed, even though it appears
that the value of this program represented on the contested report is
erroneous, the Board majority believes this error was harmless to the
applicant’s promotion opportunities since an officer’s value is not judged
by the numerical figure of the programs they manage, alone, but by the
information in the officer’s selection record pertaining to the quality of
his duty performance and the value his superiors placed on him as a member
of their team. In the absence of what the Board majority would consider
more significant errors in the applicant’s record, they are of the opinion
that, for all intents and purposes, this error was harmless to the
applicant’s promotion opportunity and decline to favorably consider this
request.
d. Accordingly, in view of the above, the Board majority finds no
basis on which to base favorable consideration of the applicant’s request
for consideration by an SSB for the CY 2000A central lieutenant colonel
selection board.
_________________________________________________________________
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 30 November 2004, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. James W. Russell III, Member
Ms. Martha A. Maust, Member
Ms. Vestal and Mr. Russell voted to deny the applicant’s requests. Ms.
Maust voted to grant the applicant’s requests for a correction to the
dollar figure in Section II, Item 2 of the contested PRF, to add an SSS
recommendation to the OPR for the period 3 May 1998 - 2 May 1999, and for
SSB consideration and to deny the remainder of the applicant’s requests,
but declined to submit a minority report. The following documentary
evidence for AFBCMR Docket Number BC-2002-03562-2 was considered:
Exhibit G. Record of Proceedings, dtd 8 Aug 03, w/Exhibits.
Exhibit H. Applicant’s Letter, undated, w/atchs
PATRICIA D. VESTAL
Panel Chair
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