Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-1990-01087-3
Original file (BC-1990-01087-3.DOC) Auto-classification: Approved

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


Similar Decisions

  • AF | BCMR | CY2003 | BC-1990-01087

    Original file (BC-1990-01087.doc) Auto-classification: Approved

    The letter, dated 6 June 1996, be removed from his records. In an application, dated 15 February 1990, he requested the following: a. Furthermore, since the reports were matters of record at the time of his promotion consideration by the P0597A and P0698B selection boards, we also recommend he receive promotion consideration by SSB for these selection boards.

  • AF | BCMR | CY2004 | BC-1999-02707A

    Original file (BC-1999-02707A.doc) Auto-classification: Approved

    Pursuant to the remand order of the United States Court of Federal Claims that the Board review the applicant’s request for promotion consideration to the grade of lieutenant colonel by a Special Selection Board (SSB) and any other matters counsel presents regarding applicant’s separation, we have conducted a thorough analysis of the case file, which now includes counsel’s submission requesting, in addition to SSB consideration, consideration of the applicant’s case and advisory...

  • AF | BCMR | CY2005 | BC-2004-03840

    Original file (BC-2004-03840.DOC) Auto-classification: Approved

    On 14 Aug 02, the Board considered and denied an application pertaining to the applicant, in which he requested that his Officer Performance Report (OPR) rendered for the period 9 Jul 93 through 22 Aug 94 be declared void and removed from his records; his OPR rendered for the period 23 Aug 94 through 15 Jul 95 be declared void and removed from his records; his PRF prepared for consideration by the CY96A Central Major Selection Board be declared void and removed from his records; his PRF...

  • AF | BCMR | CY2003 | BC-2002-02039

    Original file (BC-2002-02039.doc) Auto-classification: Denied

    On 8 May 2000, applicant elected to continue on active duty and understood that he would be considered for promotion by active duty promotion boards. This action was based on the applicant being forced to meet an active duty board with one active duty report and non-completion of ISS. At no time did the applicant request his tour be curtailed or that he be removed from the active duty list.

  • AF | BCMR | CY2004 | BC-2004-01087

    Original file (BC-2004-01087.DOC) Auto-classification: Approved

    Regarding his contention a duty title error which was previously corrected was put back in his record for the 22 Sep 03 SSB, DPPPO states, through the ERAB he requested a correction to his duty title on his 30 Nov 90 OPR. The DPPPO evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states DPPPO's statement that he was not selected for promotion four times is prejudicial and misleading. During...

  • AF | BCMR | CY2002 | 0102540

    Original file (0102540.doc) Auto-classification: Approved

    By letter, dated 19 Nov 01, AFPC/DPPPOC notified the applicant that, in response to his 29 Aug 01 application for correction of his military records, they were granting his request for SSB consideration which will consider his record for the CY98A (9 Nov 98), CY99A (8 Nov 99), and CY00A (6 Nov 00) Central Colonel Selection Boards, to include a correction to his 9 Jan 98 duty history entry and missing AFCM (1OLC) on his OSB for those boards. A complete copy of the DPPPO evaluation is at...

  • AF | BCMR | CY2000 | 0002437

    Original file (0002437.doc) Auto-classification: Approved

    The citation accompanying the MSM 1OLC was missing from the applicant’s Officer’s Selection Record (OSR) when he was considered for promotion by the CY99B board, which convened on 30 November 1999, and still is not filed in his record. In this respect, after thoroughly reviewing the complete case file, a majority of the Board noted that the Air Force has indicated that the applicant's Officer Selection Record (OSR) did not contain the citation accompanying the award of the MSM 1st OLC for...

  • AF | BCMR | CY2003 | BC-2003-00962

    Original file (BC-2003-00962.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00962 INDEX CODE: 131.00, 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Reports (OPRs), closing 9 January 1999 and 9 January 2000, be replaced with the reaccomplished OPRs he has provided. In view of the foregoing, and in order to offset any possibility of an injustice,...

  • AF | BCMR | CY2003 | BC-2001-02633A

    Original file (BC-2001-02633A.doc) Auto-classification: Approved

    A complete copy of the Record of Proceedings is attached at Exhibit H. The applicant submitted a letter from the commander, dated 12 June 2002, requesting applicant’s records be amended to correct the stratification on his CY99B PRF. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Applicant reviewed the additional Air Force evaluation and states that the opinion does not address the issue currently under review by the...

  • AF | BCMR | CY1999 | 9802128

    Original file (9802128.doc) Auto-classification: Denied

    The two board certification documents, and masters degree document be placed in his officer selection record (OSR). However, the citations were not placed in his OSR. Even though all the AFAM citations were not on file for the board, they were in evidence before the board on the OSB.