RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01421
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXX                     COUNSEL: XXXXXXXXXXXXXXXX

      XXXXXXXXXXXX                           HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be reconsidered by a  Special  Selection  Board  (SSB)  for  the
CY03B Colonel (Chaplain) Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The board membership for the  CY03B  Colonel  (Chaplain)  Central  Selection
Board was not properly constituted  in  that  an  African-American  chaplain
member was knowingly and willfully kept from  participation  by  command  in
contravention of regulation.

In  support  of  his  application,  the  applicant’s  counsel   provides   a
statement,  two  supporting  statements  from  a   retired   chaplain,   and
documentation concerning selection  of  board  membership.  The  applicant’s
complete submission with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system, the applicant is  currently
serving on active duty with a Total Active Federal Military Service Date  of
24 March 1982 and a projected date of separation  of  31  March  2010.   His
current grade is lieutenant colonel with an effective date  and  a  date  of
rank of 1 April  1999.   The  following  is  a  resume  of  the  applicant’s
performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      09 Jul 92 (Major)                            MS
      03 May 93                                    MS
      30 Jun 94                                    MS
      30 Jun 95                                    MS
      30 Jun 96                                    MS
      30 Jun 97                                    MS
      27 May 98                                    MS
      27 May 99 (Lt Col)                           MS
      27 May 00                                    MS
      27 May 01                                    MS
      27 May 02                                    MS
      27 May 03                                    MS


The applicant was considered and nonselected for promotion to the  grade  of
colonel by the Colonel (Chaplain) Central Selection  Board,  which  convened
on 27 October 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPB  recommends  denial   of   the   applicant’s   request   for   SSB
consideration.   DPPB  addresses  only  the  portions  of  the   application
pertaining to promotion boards.  DPPB states the composition  of  the  CY03B
board was in compliance with statute, directives, and policies.   The  board
consisted  of  six  officers  (board  president  and  five  board  members),
including an African-American general officer.

It is DPPB’s opinion that the promotion  board  results  from  1989-2002  to
support the applicant’s claim of the existence  of  long  standing  systemic
discrimination against African-American chaplains, has  no  bearing  on  the
case at hand. DPPB states that board membership is a requirement  set  forth
by law and Air Force policy and is not determined  by  previous  promotions.
The Secretary of the Air  Force  (SecAF)  directs  promotion  boards  to  be
conducted in a color-blind manner.  No  race  information  is  presented  to
board members for their deliberative use.  In an event such  information  is
included in a member’s performance report, or  other  sanctioned  documents,
board members are directed by the SecAF to  focus  on  the  quality  of  the
record.  In his Memorandum of Instructions, the SecAF directs board  members
to use the whole-person concept to assess  the  quality  of  officers  under
consideration.  Board members are also instructed that equal opportunity  is
an essential element of the Air Force’s selection  system,  and  that  their
evaluation of all officers must  clearly  afford  them  fair  and  equitable
consideration.  Preferential treatment of any officer or group  of  officers
is not permitted.  Therefore, board members are tasked to choose  the  best-
qualified officers for promotion regardless of race.

DPPB disagrees with  the  applicant’s  contention  that  “control  of  board
membership  is  potentially  control  of  promotions.”   DPPB  states   that
internal  procedures  used  by  functional  managers  to   determine   board
membership have no bearing on the outcome of promotion boards,  so  long  as
the board membership is in compliance with statue and directives,  which  in
this case the board met.  In addition, promotion board  procedures  preclude
any one board member from  having  undue  influence  over  the  other  board
members.  For example, scoring is done  by  secret  ballot,  and  any  score
differences of two or more points between two or  more  board  members  were
resolved prior  to  determining  selection  for  promotion.   Finally,  upon
conclusion of every  board,  all  board  members  certified  they  were  not
subject to, or aware of, any attempt to coerce or influence  improperly  any
action  in  the  formulation  of  the  board’s  recommendation.   The   DPPB
evaluation is at Exhibit C.

AFSLMO recommends denial of the  relief  sought.   AFSLMO  states  that  the
CY03B board minority requirement for one African-American board  member  was
met.  The AFSLMO evaluation is at Exhibit D.

AFPC/DPPPO  recommends  denial.   DPPPO  states  the   applicant   has   one
nonselection to the grade of colonel by  the  CY03B  (27  Oct  03)  (P0603B)
(chaplain) colonel central selection board.  Their evaluation requires  them
to rely on the opinions of other Air  Force  experts;  as  such,  they  have
reviewed the advisory opinions from DPPB  and  AFSLMO  and  based  on  their
findings, they concur with  the  recommendations  to  deny  the  applicant’s
request for SSB consideration.  The DPPPO evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations  were  forwarded  to  the  applicant’s
counsel on 2 August 2004 for review and response within 30  days  (Exhibit
F).  As of this date, this office has received no response.

_________________________________________________________________

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.   Applicant’s   contention   that   the
membership for the CY03B Colonel Chaplain Central Selection  Board  was  not
properly constituted is noted.  However, we do not find  his  uncorroborated
assertion, in and by itself, sufficiently persuasive so as to  override  the
rationale provided by the  Air  Force  offices  of  primary  responsibility.
Therefore, we agree with the opinions and recommendation of  the  Air  Force
office  of  primary  responsibility  and  adopt  their  conclusions  as  our
findings  in  the  case.   Accordingly,  the  applicant’s  request  for  SSB
consideration is not favorably considered.

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 this application in  Executive
Session on 14 October 2004, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. John B. Hennessey, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2004-01421:

      Exhibit A.  DD Form 149, dated 28 Apr 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPB, dated 24 May 04.
      Exhibit D.  Letter, AFSLMO, dated 2 Jun 04.
      Exhibit E.  Letter, AFPC/DPPPO, dated 30 Jun 04.
      Exhibit F.  Letter, SAF/MRBR, dated 2 Aug 04.




                                                   THOMAS S. MARKIEWICZ
                                                   Panel Chair