THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1990-01087
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 July 2006
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The Recall Assessment Sheet, AF Form 320, dated 8 November 1991, be
removed from his records.
2. The promotion nonselection notifications for the Calendar Years 1991
and 1992A (CY91 and CY92A) Major Selection Boards, and the CY96A Medical
Service Corps Central Lieutenant Colonel Selection Board and the CY96B
Major Selective Continuation Board be removed from his records.
3. He be considered for promotion to the grade of lieutenant colonel by
Special Selection Board (SSB) for the CY97A, CY98A, CY99A, CY99B, CY00A,
CY01A, and CY02A Lieutenant Colonel Selection Boards, if the above
documents were in his records during his recent SSB.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should receive SSB consideration if the Recall Assessment Sheet and the
nonselection notifications were in his records during his recent SSB.
Based on previous AFBCMR corrections to his records, the above referenced
documents should have been removed from his records. However, he was
recently provided a copy of his Master Personnel Records (MPR) and
discovered they were not removed.
Applicant’s complete submission, with attachments, is at Exhibit ZZ.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was considered for promotion to the grade of major by an SSB
for the CY89 Central Major Selection Board and selected, effective and with
a date of rank of 1 April 1991.
He was considered and not selected for promotion by the CY97A, CY98A,
CY99B, CY00A, CY01A and CY02A Central Lieutenant Colonel Selection Boards.
He retired on 1 November 2002, in the grade of major.
On 9 October 2003, the AFBCMR considered his request for the following
relief:
a. He receive 24 months of Air Force Medical Service Corps
(MSC) constructive service credit (CSC) for his Masters Degree in Health
Care Administration.
b. The Officer Effective Report (OER), closing 28 May 1988,
be amended to include the indorsement of Lieutenant General Burpee.
c. The OPR, closing out 28 November 1989, be amended to
reflect a closing date of 18 October 1990.
d. The Officer Performance Report (OPR), closing 20 June
1994, be amended by changing the statement, “Returned to MG with
trepidation, but has met the challenge and is leading Medical Logistics to
a new level,” to “Assumed duties, has met the challenge and is leading
Medical Logistics to a new level.”
e. His Officer Selection Brief (OSB) be corrected to reflect
the duty title, “Commander, Contingency Hospital, Kimhae AB, South Korea,”
effective 31 October 1995.
f. He be directly promoted to the grade of lieutenant colonel
as if selected by the Calendar Year 1995A Central Lieutenant Colonel
Selection Board, or in the alternative, his date of rank (DOR) to major be
changed to 1 April 1999.
g. The letter from Colonel Green, dated 6 June 1996, be
removed from his records.
h. The Referral OPRs, closing out 1 April 1996 and
23 November 1996, be removed from his records.
i. The Promotion Recommendation Forms (PRFs) prepared for the
CY96 and CY97 central selection boards be removed from his records.
j. His promotion nonselections by the CY97A, CY98A, and CY99B
Central Lieutenant Colonel Selection Boards be set aside.
k. The OPR, closing out 29 April 1997, be amended to reflect
a start date of 2 April 1996.
l. The AF Forms 77, Supplemental Evaluation Sheets, dated
26 May 1994, 29 July 1998, and 30 April 1999, be removed from his records.
m. His records reflect that he completed Intermediate Service
School (ISS) and other appropriate Professional Military Education (PME)
required for promotion to the grade of lieutenant colonel.
n. His records reflect a “yes” statement under “Board
Certified” entry recently added to MSC Officer Selection Briefs (OSBs).
o. His records reflect a minimum “7” level score rating for
MSC hospital administrators.
p. All AFPC agencies be directed to remove adverse “digest
files” they are currently maintaining on him.
The Board found sufficient evidence of error or injustice to warrant
removing the OPRs closing 1 April and 24 November 1996, from his records
and providing him promotion consideration to the grade of lieutenant
colonel by an SSB. However, the Board found insufficient evidence of error
or injustice to warrant further relief and denied the remainder of his
requests. For an accounting of the facts and circumstances surrounding the
application, and the rationale of the earlier decision by the Board, see
the Second Addendum to Record of Proceedings at Exhibit YY.
He was considered and not selected for promotion to the grade of lieutenant
colonel by SSBs for the CY97A, CY98A, CY99A, CY99B, CY00A, CY01A, and CY02A
selection boards.
On 26 November 2004, the applicant requested the Recall Assessment Sheet,
dated 8 November 1991, and nonselection notifications be removed from his
records and he be considered by SSB, if the documents were in his records
during his recent SSBs. The applicant’s complete submission, with
attachments, is at Exhibit ZZ.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends the applicant’s request for SSB consideration be
denied and states, in part, that the documents he is requesting be removed
from his record are not part of the Officer Selection Record (OSR) reviewed
by board members at either a central selection board or an SSB.
The AFPC/DPPPO evaluation, with attachment, is at Exhibit BBB.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 19
August 2005, for review and response within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice to warrant removing the contested documents
from the applicant’s Master Personnel Records (MPR). In this respect, we
note that based on previous corrections to the applicant’s records, he was
considered and selected for promotion to the grade of major by an SSB for
the CY89 Central Major Selection Board and his promotion nonselections for
the CY95 and CY96 Central Lieutenant Colonel Boards were set aside. In
view of this, the Recall Assessment Sheet, dated 8 November 1991, and the
contested nonselection notification letters should have been removed from
his MPR. We have reviewed the applicant’s MPR and found the documents have
not been removed. Therefore, we recommend his records be corrected to the
extent indicated below.
4. Notwithstanding the above, insufficient relevant evidence has been
presented to warrant providing the applicant SSB consideration. As
indicated by the office of primary responsibility, the contested documents
are not part of the Officer Selection Record (OSR) reviewed by board
members at either a central selection board or an SSB. We have reviewed
the applicant’s OSR and confirmed that these documents are not currently
filed therein. Therefore, in the absence of evidence that they were filed
in his records at the time he was considered by either central selection
boards or SSBs, we find no basis upon which to recommend providing him SSB
consideration.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. The Headquarters 14th Air Division (SAC) letter, dated
22 August 1991, signed by Brigadier General Lawrence A. Mitchell, USAF,
pertaining to the applicant’s nonselection for promotion to the grade of
major by the Calendar Year 1991 Major Selection Board, be declared void and
removed from his records.
b. The Recall Assessment Sheet, AF Form 320, dated 8 November
1991, be declared void and removed from his records.
c. The Headquarters 9th Wing (ACC) letter, dated 8 September 1992,
signed by Colonel Richard A. Young, USAF, pertaining to the applicant’s
nonselection for promotion to the grade of major by the Calendar Year 1992A
Major JAG/MSC/BSC Central Selection Board, be declared void and removed
from his records.
d. The Headquarters 51st Fighter Wing, Unit 2067 letter, dated
6 June 1996, signed by Colonel James W. Green, USAF, pertaining to the
applicant’s nonselection for promotion to the grade of lieutenant colonel
by the Calendar Year 1996 (CY96) Medical Service Corps Central Selection
Board and nonselection for continuation by the CY96B Major Selective
Continuation Board, with first indorsement/rebuttal, with any and all
attachments, dated 12 June 1996, be declared void and removed from his
records.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1990-
01087 in Executive Session on 2 November 2005, under the provisions of AFI
36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Jean A. Reynolds, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit YY. Second Addendum to Record of Proceedings,
dated 16 Dec 03, w/atchs.
Exhibit ZZ. Applicant, dated 26 Nov 04, w/atchs.
Exhibit AAA. Letter, AFBCMR, dated 15 Jun 05.
Exhibit BBB. Letter, AFPC/DPPPO, dated 12 Aug 05, w/atch.
Exhibit CCC. Letter, SAF/MRBR, dated 19 Aug 05.
JOHN B. HENNESSEY
Panel Chair
AFBCMR BC-1990-01087
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 XXXXXXX, XXXXXXX, be corrected to show that:
a. The Headquarters 14th Air Division (SAC) letter, dated
22 August 1991, signed by Brigadier General XXXX, USAF, pertaining to the
applicant’s nonselection for promotion to the grade of major by the
Calendar Year 1991 Major Selection Board, be, and hereby is, declared void
and removed from his records.
b. The Recall Assessment Sheet, AF Form 320, dated 8 November
1991, be, and hereby is, declared void and removed from his records.
c. The Headquarters 9th Wing (ACC) letter, dated 8 September
1992, signed by Colonel XXXX, USAF, pertaining to the applicant’s
nonselection for promotion to the grade of major by the Calendar Year 1992A
Major JAG/MSC/BSC Central Selection Board, be, and hereby is, declared void
and removed from his records.
d. The Headquarters 51st Fighter Wing, Unit 2067 letter,
dated 6 June 1996, signed by Colonel XXXX, USAF, pertaining to the
applicant’s nonselection for promotion to the grade of lieutenant colonel
by the Calendar Year 1996 (CY96) Medical Service Corps Central Selection
Board and nonselection for continuation by the CY96B Major Selective
Continuation Board, with first indorsement/rebuttal, with any and all
attachments, dated 12 June 1996, be, and hereby is, declared void and
removed from his records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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