RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2004-02802
                                       INDEX CODE:  131.01
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted one of the following two courses of action listed in order  of
preference:

      1.  He receive  direct  promotion  to  the  grade  of  major  with  an
effective date of rank as if he had been promoted by the CY02A (19  Feb  02)
(P0402A) Major Central Selection Board (CSB); or,


      2.  His P0402A Promotion Recommendation Form (PRF) be voided and he be
granted  Special  Selection  Board  (SSB)  with   one   of   the   following
stipulations:


          a.  His record and the benchmark records he is competing with meet
the SSB without a PRF; or,


          b.  His record meet the SSB with his PRF written for the CY02B  (3
Oct 02) (P0402B) Major CSB.

If he is directly promoted or selected for  promotion  by  the  SSB,  he  be
given all back pay and allowances.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His P0402A PRF was written in malice.  He has chosen to appeal  directly  to
the Air Force Board for Corrections of Military Records (AFBCMR) in lieu  of
the Evaluation Report Appeals Board (ERAB) as Air Force Instruction  36-2401
requires the support of those within his rating chain.   Requesting  support
from his rating chain is not an option since it was  his  rating  chain  who
drafted and wrote the questionable PRF with malice.

In support of his application, he provides a personal statement;  copies  of
his P0402A and P0402B PRFs; medical records; and copies  of  his  last  four
Officer  Performance  Reports  (OPRs)  that  met  the  major  boards.    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
12 February 1986 and a projected date of separation  of  28  February  2006.
His current grade is captain with an effective date and a date  of  rank  of
29 July 1996.

The applicant has four non-selections to the grade of major  by  the  CY02A,
CY02B, CY03A and the CY03B Major CSBs.   His  records  also  met  the  CY04A
Major CSB; however, the results are still pending  release.   The  following
is a resume of his OPR ratings commencing with the report  closing  29  July
1993:

      PERIOD ENDING                     OVERALL EVALUATION

      29 Jul 93 (2nd Lt)                Meets Standards (MS)
      20 May 94                                MS
      20 May 95 (1st Lt)                       MS
      20 May 96                                MS
      20 May 97 (Capt)                    MS
       7 Jun 98                                MS
       7 Jun 99                                MS
       2 May 00                                MS
      25 Jun 00                                MS
      14 Jun 00                         Training Report (TR)
       2 May 01                                MS
       2 May 02                                MS
       3 Feb 03                                MS
       8 Sep 03                                MS
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denying the applicant’s request for  direct  promotion
or SSB consideration.  DPPPE states that the applicant alleges his  PRF  was
prepared with malice because he requested to be moved to  a  less  stressful
personnel job due to  health  issues.   In  addition,  he  alleges  the  PRF
contains a vague referral comment.  The applicant  should  have  received  a
copy of his PRF on or about 18 January 2002.   Therefore,  he  had  time  to
work with his senior rater to request any  changes  or  corrections  to  his
PRF.  He contends his senior rater was unwilling to make any changes to  his
PRF; however, there is no documentation or evidence indicating he  contacted
his senior rater to request the changes.  In addition, the  applicant  could
have written a letter to the CSB to point out inaccurate data that may  have
been included in his PRF.  However, the applicant has failed to provide  any
documentation from the senior rater or the  management  level  review  (MLR)
president regarding his efforts to have the PRF corrected.

AFPC/DPPPO recommends denial in regards to replacing the applicant’s  P0402A
PRF with his P0402B PRF to be used for SSB consideration.  DPPPO  states  it
is not appropriate to use a  subsequent  PRF  for  a  board  in  which  that
specific  PRF  is  not  rendered.   The  respective  raters  had   different
assessments at the time for which they rendered.  Additionally,  the  P0402B
PRF contains duty information and job performance that cannot pertain to  or
be applied to the P0402A PRF because the applicant changed jobs.

It is DPPPE’s and DPPPO’s opinion that there is no convincing  data  that  a
material error or injustice existed in the  applicant’s  record;  therefore,
they recommend his request for direct promotion  and  SSB  consideration  be
denied.  The DPPPE and DPPPO evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  17
December 2004 for review and response within 30 days.  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 probable error or injustice.  After reviewing the  evidence  of
record, we are not persuaded that the applicant has been the  victim  of  an
error or injustice.  We note the applicant’s contentions that  his  PRF  was
written with malice; however, other than his assertions,  we  have  seen  no
evidence by the applicant that would lead us to believe  the  contested  PRF
is technically flawed or the information in the  report,  as  prepared,  was
based on inappropriate factors or matters other than  the  applicant’s  duty
performance.   In  view  of  the  above,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our decision to not favorably consider  the
applicant’s requests related to his PRF seen  by  the  CY02A  Major  Central
Selection Board.  Since we are unable to conclude  the  applicant’s  record,
as  seen  by  CY02B  selection  board  was   improperly   constituted,   the
applicant’s requests for a direct promotion or  for  SSB  consideration  are
also 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 7 April 2005, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. James W. Russell III, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-02802:

      Exhibit A.  DD Form 149, dated 31 Aug 04, with atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPE, dated 6 Dec 04.
      Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.




                                                   RICHARD A. PETERSON
                                                   Panel Chair