RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02036
                                                    (Case 2)
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS:

Direct  promotion  to  the  grade  of  lieutenant  colonel,   with   a
retroactive date of rank as if selected  by  the  CY00A  (28  November
2000) Lieutenant Colonel Central Selection Board  (CSB),  and  with  a
Definitely Promote (DP) recommendation on his Promotion Recommendation
Form (PRF).  In conjunction with his  direct  promotion,  he  requests
consideration for school selection.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A material error occurred when the  Evaluation  Reports  Appeal  Board
(ERAB) approved only partially  correcting  his  PRF  from  the  CY00A
Lieutenant Colonel promotion board.  Specifically,  the  ERAB  granted
approval  to  change   his   P0500A   PRF,   Section   IV,   Promotion
Recommendation (narrative portion), but would not allow the upgrade to
Section IX, Overall Promotion Recommendation, from a  “Promote”  to  a
“Definitely Promote” due to nonconcurrence  of  the  Management  Level
Review (MLR) President.

This created an injustice because had his records been complete at the
time of his original board, his senior rater would have awarded him  a
“Definitely Promote” and therefore, the MLR president could  not  have
overturned this promotion recommendation.

In support of his request, the applicant submits a personal statement,
a copy of the ERAB decision and statements from the senior  rater  and
MLR president.  The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
29 May 1985.  He is currently serving on active duty in the  grade  of
major, with an effective date and date of rank  of  1  February  1997.
The following is a  resume  of  his  OPR  ratings  subsequent  to  his
promotion to that grade.

            Period Ending    Evaluation

                 4 Mar 97    Meets Standards (MS)
                 2 Dec 97         MS
                 2 Dec 98         MS
                 9 Jul 99         MS
            #    9 Jul 00         MS
            ##  13 Feb 01         MS
            ### 13 Feb 02         MS
            ####13 Feb 03         MS

# Top report at the time he was  considered  and  nonselected  In-the-
Promotion Zone (IPZ) for promotion to lieutenant colonel by the  CY00A
Lieutenant Colonel Central  Selection  Board,  which  convened  on  28
November 2000.

## Top report at the time he was considered and nonselected Above-the-
Promotion Zone (APZ) for promotion to lieutenant colonel by the  CY01B
Lieutenant Colonel  Central  Selection  Board,  which  convened  on  5
November 2001.

### Top report at the time he was considered and nonselected Above-the-
Promotion Zone (APZ) for promotion to lieutenant colonel by the  CY02B
Lieutenant Colonel Central  Selection  Board,  which  convened  on  12
November 2002.

#### Top report at the time he was considered and  nonselected  Above-
the-Promotion Zone (APZ) for promotion to lieutenant  colonel  by  the
CY03A Lieutenant Colonel Central Selection Board, which convened on  8
July 2003.

Information maintained in the Military Personnel Data System  (MilPDS)
reveals that the  applicant  currently  has  an  established  date  of
separation of 31 May 2009.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ  AFPC/DPPPEB  recommends  the  applicant’s  request  for  a  direct
promotion be denied.  DPPPEB states the guidance the ERAB used in June
2002 to render its decision was in accordance with AFI 36-2401,  which
stipulates “Changing the overall  recommendation  (Section  IX)  to  a
“definitely promote” (DP) rating must be fully justified and  requires
the concurrence of both the senior rater and MLR president.”   Because
the correction  and  appeal  of  PRFs  are  removed  from  the  normal
promotion recommendation process controls, the policy written into AFI
36-2401 requiring senior rater and MLR president concurrence,  ensures
objectivity and integrity are maintained.  The applicant received fair
and equitable consideration in his appeal; and, without the support of
his MLR president, the ERAB rendered a decision  consistent  with  Air
Force policy.  The HQ AFPC/DPPPEB evaluation is at Exhibit C.

HQ  AFPC/DPPPO  recommends  denial  for  direct  promotion   and   SSB
reconsideration.   DPPPO  states  that,  in  addition  to   the   four
nonselections for promotion to the grade of lieutenant colonel by  the
aforementioned lieutenant  colonel  selection  boards,  the  applicant
received SSB consideration and was nonselected for  promotion  by  the
following boards:  CY95A (5 June 1995) Major Central  Selection  Board
(CSB), with his corrected 4 March 1994 OPR; and,  CY00A  (28  November
2000) Lieutenant Colonel CSB, with his corrected 4 March 1994 OPR  and
P0500A PRF.  Regarding the applicant’s request for  direct  promotion,
DPPPO states that both Congress and DoD have made clear  their  intent
that when errors are perceived to ultimately  affect  promotion,  they
should be addressed and resolved through the use of Special  Selection
Boards (SSBs).  Without access to all the  competing  records  and  an
appreciation of their content, DPPPO continues to believe the practice
of sending cases to SSBs  is  the  fairest  and  best  practice.   The
applicant’s record does not warrant  direct  promotion,  nor  does  it
warrant further SSB consideration.  The HQ AFPC/DPPPO evaluation is at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and  provided  additional
facts and  comments  concerning  the  award  of  a  “DP”  and  “Direct
Promotion.”  The disparity between the normal  promotion  process  and
the ERAB process created an unjust situation in his case that only  by
AFBCMR action can he  receive  full  and  effective  relief.   He  has
documented the fact that the senior rater maintained the integrity  of
the system both when he made the original “DP” allocation decision and
upon his review of his accurate records.  He has documented  both  the
senior rater and MLR president’s position that award of a “P”  by  the
17 June 2002 ERAB created a material error in the PRF  and  an  unjust
situation for  him.   He  requests  that,  if  the  AFBCMR  makes  the
determination to award him a DP on his PRF, the ERAB  be  directed  to
insert his revised PRF, with the DP, for reconsideration for promotion
and school selection by the next scheduled SSB.  Based upon  the  AFPC
statistics he previously cited, he is confident he would  be  promoted
by SSB if awarded a DP.  However, given the  professional  growth  and
leadership opportunities that have been denied him since the  time  of
his original board, he does not believe that a  successful  SSB  would
fully correct the injustice.  It remains his position that only AFBCMR
approval of direct promotion to lieutenant colonel, retroactive to the
date of rank (DOR) had he been selected by the P0500A selection board,
and immediate reconsideration for school selection, will provide  full
and effective relief from this injustice.   The  applicant’s  complete
submission, with attachments, is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  error  or  injustice  concerning  the  PRF.   We   took
particular note of the statements from the senior rater  who  supports
the applicant’s request.  He indicates that, the OPR, closing 4  March
1994, significantly altered the information available at the time  the
PRF was written.  He  had  a  distorted  picture  of  the  applicant’s
performance level when he prepared the PRF; therefore,  the  applicant
was ranked in a manner that did not  reflect  his  relative  promotion
potential.   However,  based  on  the  subsequent  correction  to  the
applicant’s  record  and  new  insight  into  his  career  record   of
demonstrated performance, he strongly supports  changing  the  overall
promotion recommendation to a “Definitely Promote.”  We are  convinced
by the evidence submitted that, had the  senior  rater  been  properly
aware of the applicant’s accomplishments, he would  have  awarded  the
“Definitely Promote” initially and the applicant would  have  met  the
CY00A Lieutenant Colonel Central  Selection  Board  with  an  accurate
record.  Additionally, we note that, when  a  senior  rater  awards  a
“Definitely Promote” outright, he has the final authority to determine
the award of a  “Definitely  Promote,”  unlike  the  requirements  for
appealing a PRF through the Evaluation  Reports  Appeal  Board  (ERAB)
which requires Management Level Review  (MLR)  President  concurrence.
In view of  the  foregoing,  and  having  no  basis  to  question  the
integrity of the senior rater, we recommend the original PRF, used  by
the CY00A Lieutenant Colonel Central Selection Board, be corrected  to
reflect  a  “Definitely  Promote”  overall  recommendation.   In  this
respect, we note that  the  applicant  has  provided  a  copy  of  the
reaccomplished  original  PRF,  with  the  overall  recommendation  of
“Definitely Promote,” which was  submitted  with  his  appeal  to  the
Evaluation Report  Appeal  Board  (ERAB).   Since  the  applicant  has
already provided an amended copy of the PRF under review, we recommend
that it replace the PRF of record.   We  further  recommend  that  the
applicant be provided appropriate SSB consideration with his corrected
PRF.  Should the applicant be selected for promotion  by  an  SSB,  he
will automatically be considered for PME candidacy.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting his  promotion
to the grade of lieutenant colonel through the correction  of  records
process.  In this regard, the Board observes that officers compete for
promotion  under  the  whole  person  concept  whereby   a   promotion
recommendation form is but one of many factors carefully  assessed  by
selection boards.  An officer may be qualified for promotion  but,  in
the judgment of  a  selection  board  vested  with  the  discretionary
authority to make the selections, may not be  the  best  qualified  of
those  available  for  the  limited  number  of  promotion  vacancies.
Therefore, absent  clear-cut  evidence  that  he  would  have  been  a
selectee had the contested report not been  a  matter  of  record,  we
believe that a duly constituted selection board applying the  complete
promotion criteria is in the most advantageous position to render this
vital determination, and that its prerogative to do so should only  be
usurped under extraordinary circumstances.  Accordingly, we  recommend
the applicant’s record be placed before an  SSB  for  a  determination
concerning his promotion opportunities by the CY00A Lieutenant Colonel
Central Selection Board.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT  be  corrected  to  show  that  the  Promotion
Recommendation Form (PRF), with Section IV, Promotion  Recommendation,
last line beginning with “My next DP hands down!”, prepared for use by
the Calendar Year 2000A Lieutenant Colonel Central Selection Board, be
declared  void  and  removed   from   his   records.    The   attached
reaccomplished PRF, with Section IV,  Promotion  Recommendation,  last
line beginning with “Tremendous initiative,” and Section  IX,  Overall
Recommendation, with “Definitely Promote”  be  accepted  for  file  in
place of the voided PRF.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 2000A Lieutenant Colonel Central  Selection  Board  with
inclusion of the reaccomplished PRF.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 February 2004, under the provisions of AFI 36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Grover L. Dunn, Member
              Mr. Charlie E. Williams Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-02036.

   Exhibit A.  DD Form 149, dated 9 Jun 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPEB, dated 25 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 3 Oct 03.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Oct 03.
   Exhibit F.  Letter from Applicant, dated 27 Oct 03, w/atchs.



                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR BC-2003-02036




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that the Promotion
Recommendation Form (PRF), with Section IV, Promotion Recommendation,
last line beginning with “My next DP hands down!”, prepared for use by
the Calendar Year 2000A Lieutenant Colonel Central Selection Board, be
declared void and removed from his records.  The attached
reaccomplished PRF, with Section IV, Promotion Recommendation, last
line beginning with “Tremendous initiative,” and Section IX, Overall
Recommendation, with “Definitely Promote” be accepted for file in
place of the voided PRF.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 2000A Lieutenant Colonel Central Selection Board with
inclusion of the reaccomplished PRF.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Attachment
Reaccomplished PRF