Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00954
Original file (BC-2005-00954.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00954
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by Special Selection Board for promotion to the grade
of major general (08) by the CY02 and CY03 AF Reserve General  Officer
(GO) Vacancy Selection Boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Both GO Boards failed to value the endorsement of a civilian four-star
equivalent, thereby scoring other records with  GO  endorsements  much
higher.  He states that, historically, no one has ever  been  promoted
in the Secretary of  the  Air  Force  (SECAF),  Manpower  and  Reserve
Affairs, Mobilization Assistant (MA) position.  He contends the  Board
members inappropriately did not value outreach and diversity  advocacy
causing his record to be scored lower than others  who  did  not  have
those types of comments in their records.  Finally, he contends MG  T,
10th AF/CC and a CY02 Board member, should have recused  himself  from
the CY02 Board as the applicant and another BG meeting that Board were
working on an informal equal opportunity (EO)  complaint  just  before
and during said Board.  Applicant states it  is  possible  that  MG  T
could have employed retribution in scoring  his  and  the  other  BG’s
record as well as influencing his fellow Board members negatively.

In support of his appeal, the applicant has provided copies of several
AF Form’s 78, Air Force General Officer Promotion Recommendation, from
1 December 2000 to 30 June 2004.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a former member of  the  Air  Force  Reserve,  met  the
Calendar Year 2002 (CY02) and CY03 AF  Reserve  General  Officer  (GO)
Vacancy Selection Boards for consideration of promotion to  the  grade
of major general.  He was not selected for promotion by either  board.
Consequently, on 31 July 2004, he was assigned to the Retired  Reserve
Section and placed on the USAF Reserve Retired List  awaiting  Reserve
retired pay at age 60.

_________________________________________________________________

AIR FORCE EVALUATION:

AFSLMO/AC  recommends  denial.   AC  notes  Board   members   consider
selection of promotees on  a  best-qualified  basis  of  the  eligible
officers judged fully qualified for promotion.  Such factors  as  duty
performance, breadth of  experience,  intellectual  leadership,  joint
duty experience, contributions to Global Engagement  and  Total  Force
concepts  and  operations,  and  contributions  to  the   development,
transition into, and the implementation of the Expeditionary Aerospace
Force  concept,   promotion   recommendations,   command   experience,
officership, professional military  and  civilian  education  and  any
other facet of the record to include, when required, experience  in  a
unique skill.  No one factor was the sole determinate for selection.

AC states Board members were not subject to or aware of  any  censure,
reprimand, or admonishment about the  recommendations  of  the  Board;
were not subject to or aware of any attempt  to  coerce  or  influence
improperly any action in the  formulation  of  their  recommendations;
were  not  party  to  or  aware  of  any   attempt   at   unauthorized
communications to the Board.  Board members took an  oath  where  they
swore or affirmed to perform their duties  as  Board  members  without
prejudice or partiality and to the best of their  knowledge,  complied
with the law, applicable regulations and instructions from the  SECAF.


AC’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
May 2005 for review and comment within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions of selection  Board  bias  and  non
appreciation  of  endorsements  and  diversity  advocacy,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by  the  Air  Force.   Therefore,  we  agree  with  the  opinion   and
recommendation of the Air Force office of primary  responsibility  and
adopt its rationale as the basis for our decision that  the  applicant
has failed to sustain his burden of having suffered either an error or
injustice.  Therefore, in the absence of persuasive  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

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  issue(s)   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 AFBCMR Docket Number BC-
2005-00954 in Executive Session on 19 July 2005, under the  provisions
of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Richard K. Hartley, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Mar 04, w/atchs.
    Exhibit B.  Letter, AFSLMO/AC, dated 5 May 05.
    Exhibit C.  Letter, SAF/MRBR, dated 6 May 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00977

    Original file (BC-2006-00977.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00977 INDEX CODE: 131.09 XXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 24 SEP 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the rank of Major General (O-8) retroactive to 1 Jun 03. The HQ AF/DPG complete evaluation is at Exhibit...

  • AF | BCMR | CY2004 | BC-2004-01421

    Original file (BC-2004-01421.DOC) Auto-classification: Denied

    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. 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...

  • AF | BCMR | CY2005 | BC-2004-03425

    Original file (BC-2004-03425.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03425 XXXXXXX COUNSEL: EUGENE R FIDELL XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: MAY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered by a Special Selection Board (SSB) for promotion to the grade of colonel for the Calendar Year 2000A for the Medical Corps Central Colonel Selection Board using the...

  • AF | BCMR | CY2003 | BC-2003-01073

    Original file (BC-2003-01073.doc) Auto-classification: Denied

    Applicant states, in part, that he advised the South Carolina Adjutant General (SC AG) of an attempt by another officer in the SC ANG to subvert the AG’s express wishes by having himself (the other officer) assigned to the COS position in the SC ANG; he was asked by the AG to document, by memorandum, the conversation between the two, which he did; the memorandum “found its way to others” and he subsequently became the focus of an AF/IG investigation that eventually found that he had...

  • AF | BCMR | CY2004 | BC-2003-01871

    Original file (BC-2003-01871.doc) Auto-classification: Denied

    Two of the members of a three-person ethics panel appointed to conduct an ethics review on him had already prejudged the case and/or had an obvious interest in supporting the IG’s conclusions. They also provide responses to each of the allegations made by the applicant. Again, other than his assertion, the applicant has not provided evidence to support this allegation.

  • AF | BCMR | CY2012 | BC-2012-04795

    Original file (BC-2012-04795.txt) Auto-classification: Denied

    Her record be corrected to reflect that she was selected for the position of Director, Reserve Active Guard/Reserve (AGR) Management Office (REAMO) effective Jan 09. As to a violation of Title 10 USC 1034b, the applicant appears to have the opinion that she was the only qualified applicant and would have been selected but for reprisal by the Deputy AF/RE substantiated in the SAF/IGS ROI. AF/JAA states that the applicant was not the only AGR who was the top candidate for the Director, REAMO...

  • ARMY | BCMR | CY2003 | 2003087561C070212

    Original file (2003087561C070212.rtf) Auto-classification: Denied

    The Commander, PERSCOM, will determine if a material error existed in a soldier's record when the file was reviewed by the selection board. The evidence of record shows that the applicant was properly considered for promotion to MSG by the CY01 and CY02 AGR MSG/SGM Selection Board but was not selected. BOARD DETERMINATION/RECOMMENDATION:

  • AF | BCMR | CY2007 | BC-2007-00758

    Original file (BC-2007-00758.doc) Auto-classification: Denied

    The applicant did not file an appeal under the provisions of Air Force Instruction (AFI) 36-2401, Correcting Officer and Enlisted Evaluation Reports. His records were presented to a panel of three line general officers and two chaplain colonels along with 13 other officers from different Management Levels across the Air Force. It appears to the Board that the records presented before the promotion board were reviewed based on the applicant’s entire selection record.

  • AF | BCMR | CY2008 | BC-2007-02992

    Original file (BC-2007-02992.DOC) Auto-classification: Denied

    In support of his appeal, he has provided copies of a letter from the 701 MDS/CC certifying his outstanding performance as a member of the unit, two personal statements, a letter supporting the DOR change from the 10 AMDS/CC and endorsed by the 10 MDG/CC, a draft PRF that was not signed or submitted to the AFRES CSB, an endorsement letter from AFRESL/MLL, a vMPF RIP showing DOR timeline, an Education vMPF RIP, an FY03 AFRES Line and Health Professions Captain Select List, a AFRES Change to...

  • ARMY | BCMR | CY2013 | 20130010393

    Original file (20130010393.txt) Auto-classification: Denied

    The applicant requests correction of his military records by adjusting his promotion dates for brigadier general (BG) to on or about 30 July 2009 and for major general (MG) to on or about 7 August 2011. At the time of his application, the applicant was serving as TAG for the State of Maryland. The applicant contends, in effect, that his military records should be corrected by adjusting his promotion dates for BG to on or about 30 July 2009 and to MG to on or about 7 August 2011.