RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01537
                       INDEX CODE:  131.00
                       COUNSEL:  None

                       HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  10 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be directly promoted to the grade of colonel as if selected by  the
Calendar Year 2000A (CY00A) Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was due for reassignment from MacDill in the summer  of  1997.   At
that  time,  officers  were  required  to  volunteer  for   individual
assignments through the Air Force Personnel Center (AFPC) website.  He
had already been placed on the supply  squadron  commander  list.   In
early 1997, an assignment as supply squadron commander at  Spangdahlem
AB, Germany, came  open  and  he  volunteered.   Later  in  1997,  the
Spangdahlem Logistics Group commander (LG/CC) called asking him if  he
was still interested in the job.  He indicated he  was  but  he  would
give the LG/CC a definite answer once he found out if his  wife  would
be able to obtain employment in Germany.  However,  he  learned  there
were no jobs for his wife in Germany  and  he  began  inquiring  about
another  advertised  supply  squadron  commander  position.  He   then
discovered  he  had  been  approved  by  HQ  USAFE  (Europe)  for  the
Spangdahlem assignment, even though he had not yet given the  LG/CC  a
definite answer.  As his  wife  did  not  want  to  move  without  the
prospect  of  employment  in  Germany,  he  declined  the  assignment.
Shortly  thereafter,  someone  informed  him  about  a   message   the
Spangdahlem LG/CC sent to HQ USAFE, with copies to all Major  Commands
(MAJCOMs), indicating he had turned down the supply squadron commander
assignment and recommending to all that he not  receive  consideration
for any more squadron commander  positions.   As  a  result,  the  Air
Combat Command (ACC) LG removed him from their  commanders  list.   He
confirmed this with the executive  officer  and  an  LG  commander  at
Eglin.  With his  permanent  change  of  station  (PCS)  imminent,  he
accepted a three-year assignment as an instructor at the  Air  Command
and Staff College (ACSC) at Maxwell AFB, AL, followed by an assignment
at the Office of the Secretary of Defense (OSD).

The applicant contends the Spangdahlem  LG/CC  significantly  exceeded
his authority when he blindly shot-gunned a message out to the  entire
Air Force logistics and personnel communities  that  blacklisted  him,
without real cause, from any command assignment.  While  his  decision
to turn down the Spangdahlem assignment may not have  shown  the  best
judgment, it did not warrant this severe  and  arbitrary  action.   He
believes he was unable to get a command  assignment  as  a  lieutenant
colonel (LTC) solely because of the LG/CC’s unfair actions,  which  in
turn resulted in his nonselection for colonel.  His records as seen by
the promotion board were competitive, accurate and complete;  however,
the fundamental unfairness of  the  message  that  ended  his  command
opportunity precluded his selection for promotion.  He adds  that  his
application is not complete as he is waiting for a  response  from  HQ
USAFE to his Freedom of Information Act (FOIA) request for a  copy  of
the LG/CC’s message.

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

_________________________________________________________________

STATEMENT OF FACTS:

During  the  period  in  question,  the  applicant  was  the  Security
Assistance Logistics Officer with the AFELM USCENTCOM at MacDill  AFB,
FL, from approximately Jun 94 to Sep 97.  From approximately Sep 97 to
May 00, he was assigned to the ACSC at Maxwell AFB, AL,  first  as  an
Academic Instructor and Advisor and then as the  Deputy  Chief,  Joint
Operations Division.  During the approximate period of May 00  to  Jul
03, he was assigned to the OSD, Defense Security  Cooperation  Agency,
at the Pentagon as a Country (Africa) Program Director.

The applicant is currently serving on  extended  active  duty  in  the
grade of LTC with a date of rank (DOR) of 1 May 96, and is assigned to
the Air Force Reserve  Officer  Training  Corps  (AFROTC)  at  Samford
University, Birmingham, AL, as the Commander, AFROTC Detachment 012.

The applicant was considered but not selected  for  promotion  to  the
grade of colonel by the following boards:  CY00A  (17 Jul  00),  CY01B
(3 Dec 01), CY02B (3 Dec 02), CY03B (27 Oct 03), and CY04A (6 Dec 04).
 The Promotion Recommendation Forms (PRFs)  for  all  the  boards  had
overall recommendations of “Promote.”

His Officer Performance Reports (OPRs) are provided at Exhibit B,  and
a profile since 1994 follows:

      PERIOD ENDING               EVALUATION OF POTENTIAL

         8 Jun 94                            Meets Standards
         8 Jun 95                            Meets Standards
         8 Jun 96                            Meets Standards
         8 Jun 97                            Meets Standards
         8 Jun 98                            Meets Standards
         8 Jun 99                            Meets Standards
        26 May 00                            Meets Standards
        31 Mar 01                 Meets Standards (CY01B Top Report)
        31 Mar 02                 Meets Standards (CY02B Top Report)
        31 Mar 03                 Meets Standards (CY03B Top Report)
        31 Mar 04                 Meets Standards (CY04A Top Report)

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPASL advises that during the period in question the Air Force
was under the Officer Assignment System (OAS) when much of the  burden
of  finding  a  next  assignment  fell  upon  the  individual  officer
“volunteering”  for  positions  advertised  on  the  AFPC   Electronic
Bulletin  Board.   Many  of  the  applicant’s  assertions  cannot   be
validated, beginning with the existence  of  the  Spangdahlem  LG/CC’s
message.  They have searched their files and recently answered a  FOIA
request stating such to the applicant.  Although their records show he
volunteered for 16 different positions during the Jan-Jun 97 timeframe
(to include Hurlburt, Eglin, and Offutt Squadron commander positions),
they have no record of him volunteering for the Spangdahlem  position,
nor any paperwork associated with him  declining  the  position.   The
only evidence they have that he was being looked at for that  position
was a 10 Feb 97 electronic memo that stated “Officer is  LG’s  nominee
to WG/CC for Spang Supply SQ/CC job. RNLTD [report no later than date]
9705 or 9706.”  The applicant did volunteer to be an instructor at the
ACSC on 10 Jun 97, was accepted on 1 Jul 97, and was  formally  placed
on assignment to Maxwell AFB on 2 Jul 97.  He was at Maxwell for  over
two years before meeting his primary [CY00A] Colonel CSB and receiving
his first non-selection, although the results  were  not  known  until
after he arrived at his next duty station at the OSD in  May  00.   In
2001 while assigned to the OSD, he received his  second  nonselection.
The applicant fails to produce a copy of the  Spangdahlem  message  or
any indirect evidence that it existed.  Although he indicates at least
six individuals had  knowledge  of  the  message,  no  statements  are
provided.  Further, he does not make the case that his nonselection in
2000 was caused by the 1997 message.   His  inferences  do  little  to
bolster his contentions.  The applicant’s delay in filing  his  appeal
is prejudicial to the Air Force.  Any of the individuals who may  have
shed light on his claims have since been separated  or  retired.   His
unreasonable delay in this eight-year old matter  greatly  complicated
the Air Force’s ability to determine the merits  of  his  application.
This, plus the applicant’s acknowledgement that his CY00A records were
“accurate and complete,” warrants denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO notes an officer may be qualified for promotion but,  in
the judgment of a selection board vested with discretionary  authority
to make the selections, may not be the best qualified.  Absent  clear-
cut evidence the applicant would have been a  selectee  by  the  CY00A
board, a  duly  constituted  board  applying  the  complete  promotion
criteria is in the best position to render this  determination.   This
prerogative should not be usurped except under the most  extraordinary
circumstances.  As they are unable to substantiate a material error or
injustice existed when the applicant’s record  met  the  CY00A  board,
denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on for 15 Jul 05 for review and comment 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 error or injustice.  After a thorough review  of  the
available  evidence  and  the  applicant’s  submission,  we  are   not
persuaded he should be directly  promoted  to  the  grade  of  colonel
through  the  correction  of   records   process.    The   applicant’s
contentions  are  duly  noted;  however,  we   do   not   find   these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override the rationale provided by the  Air  Force.  The
applicant provides no substantiation to his allegations that the LG/CC
essentially  “blacklisted”  him  from   consideration   for   squadron
commander  positions.   His  submission  insufficiently  supports  his
argument that this directly resulted in his nonselection for promotion
to  the  grade  of  colonel.   He  further  admits  his   record   was
competitive, accurate and complete.  He has  not  established  to  our
satisfaction that his nonselections to the grade of colonel were based
on factors other than his duty performance.  We therefore  agree  with
the recommendations of the Air Force and adopt the rationale expressed
as the basis for our decision that the applicant has not sustained his
burden of having suffered either an error or an injustice.  In view of
the above and absent persuasive evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

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  this  application  in
Executive Session on 14 September 2005 under the provisions of AFI 36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Kathy L. Boockholdt, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01537 was considered:

   Exhibit A.  DD Form 149, dated 22 Apr 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASL, dated 18 May 05.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 6 Jul 05.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Jul 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair