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AF | BCMR | CY2005 | BC-2005-01932
Original file (BC-2005-01932.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01932
            INDEX CODE:  102.07
      xxxxxxxxxxxx     COUNSEL:  NONE

      xxxxxxxxxxxxxx   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. AF Form 77, Supplemental Evaluation Sheet, for  the  period  27 May  1999
through  26  May  2000,  be  removed  from  her  records  and  the   Officer
Performance Reports (OPRs) be removed from the 10 benchmark records and  she
be considered for promotion by a Special Selection Board (SSB) by the  CY02B
Lieutenant Colonel Central Selection Board (CSB).

2. She be given SSB consideration by the CY04J  Lieutenant  Colonel  Central
Selection Board with inclusion of a letter she wrote to the original  board;
her Officer Selection Brief (OSB) be corrected  to  reflect  her  five-month
deployment in 2003 to the CENTCOM AOR and removal of AF Form 77  closing  26
May 2000, from her Officer Selection  Record  (OSR)  and  the  corresponding
OPRs for the same rating period from all of the benchmark  records  for  the
purpose of SSB consideration.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR covering the period 27 May 1999 through  26  May  2000  was  removed
from her records and replaced by an Air Force Form  77.   Her  records  then
met an SSB and she believes the AF Form 77 served as a red flag telling  the
Board  members  which  individual  had  requested   supplemental   promotion
consideration and the AF Form 77 does not explain why the OPR  was  removed.
She believes the current SSB process allows this act  of  discrimination  to
be perpetuated.

She wrote a letter  to  the  CYO4C  Selection  Board  and  requested  it  be
considered along with her records.  She was  assured  the  letter  would  be
included in her records; however  a  review  of  her  records  revealed  the
letter was not included.

The  “Overseas  Duty  History”  section  does  not  reflect  her  five-month
deployment in 2003 to the CENTCOM AOR.

Her promotion record that met the CY2004 selection board  contained  the  AF
Form 77 for the period 27 May 1999  to  26  May  2000.   She  believes  that
replacing the OPR with  the  AF  Form  77  had  a  negative  impact  on  her
promotion record.

In support of her request, the applicant submitted two personal  statements,
a copy of AF Form 707A, Field Grade Officer Performance  Report,  Background
Information of ERAB Appeal, a copy of a Letter to the  Board  President,  AF
Form 77, covering the period 19 June 2003 through 21 November 2003,  a  copy
of her Air Force Officer Selection Brief (OSB), and copies of her  OPRs  and
awards.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY02B and the  CY04J  Lieutenant  Colonel  Central
Selection Boards.  She was also considered and not  selected  for  promotion
by the CY02B SSB.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   26 May 98      Meets Standards
                   26 May 99      Meets Standards
                   26 May 00      Not Rated (Removed by ERAB)
                   26 May 01      Meets Standards
                  #26 May 02      Meets Standards
                   26 May 03      Meets Standards
                 ## 7 May 04      Meets Standards

#-  Top Report on file at time of the CY02B selection board.
##- Top Report on file at time of the CY04J selection board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPB recommends denial.  DPPB states the Air Force  has  no  precedence
for puling AF Forms 77 or evaluations from benchmark records  for  promotion
consideration.   DPPB  states  that  removing   the   documents   from   the
applicant’s  record,  the  benchmark  records,  and  any  other  considerees
meeting the SSB will set a dangerous precedence.   The  documentation  helps
board members calibrate to the environment for that  particular  year  group
and time frame.

According to DPPB, no foundation exists for the applicant’s claim  that  she
was not fairly considered by the evaluation boards.

The DPPB evaluation, with attachments, is at Exhibit C.

AFPC/DPPPO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration.  DPPPO states the applicant’s contention that her  letter  to
the CY04J board was not  present  in  her  OSR  is  unsubstantiated.   DPPPO
retrieved a copy of the letter from her OSR  and  found  that  the  sequence
number (030040) reflected on the applicant’s OSB  matches  the  hand-written
sequence number on the right hand corner of the board letter, indicating  it
was filed in her OSR for that board.  As  such,  SSB  consideration  is  not
warranted since the letter to the board (with no  attachments)  communicated
to the board members her nomination  for  the  Defense  Meritorious  Service
Medal (DMSM) covering her five-month deployment to the CENTCOM AOR in  2003.
 The applicant contends the overseas duty history section  on  her  OSB  did
not reflect her five-month deployment in 2003 to the CENTCOM AOR.   However,
Military Personnel Flight Memorandum  (MPFM)  04-28,  dated  12  July  2004,
clearly states that TDYs after 4 January 1995 will not  be  reflected  under
the overseas duty history unless they resulted in award of a short  or  long
tour IAW AFI 36-2110, table 3.5.  All TDYs are listed under a  member’s  TDY
history file in the military personnel data system (MilPDS).

DPPPO further states, as mentioned above,  the  applicant’s  letter  to  the
board was filed in her  OSR  for  the  CY04J  board;  therefore,  the  board
members were aware of her five-month deployment in 2003 to the CENTCOM AOR.

The DPPPO evaluation, with attachments, is at Exhibit D.

AFPC/JA recommends denial.  JA states the handling  of  performance  reports
removed from OSRs is governed by AFI 36-2406, Chapter 4,  and  AFI  36-2608,
Table A.2.1, Rule 23.  IAW these instructions, the AF Form 77 is  prescribed
as the approved method to document a missing  evaluation  report  and/or  to
cover a gap in performance reports in  selection  records.   JA  states,  as
noted by AFPC/DPPB in its advisory, board members  are  also  instructed  on
the purpose of AF Form 77 and are told not to second  guess  the  basis  for
its being in the record.  In the absence of evidence to  the  contrary  (and
none has been presented here), they can presume that the  board  members  at
applicant’s SSB properly followed those instructions.

According to JA, AFI 36-2501 is  equally  clear  in  setting  forth  special
selection board procedures.  Those procedures  were  followed  precisely  in
the applicant’s contested SSB, and she has not met  her  burden  of  proving
that these procedures were illegal or unfair or  were  applied  unfairly  in
her case.  In fact, the Air Force’s special selection board procedures  were
fully upheld by the United States Court of Federal  Claims  in  Haselrig  v.
United States, 53 Fed.C1. 111 (2002).

JA states the applicant has failed to establish an  error  or  injustice  in
the conduct of her CY02B SSB.  Moreover, the fact that she  has  devised  an
alternate means to conduct an SSB does not require its use by the Air  Force
or otherwise invalidate the permissible procedures that were used.

The AFPC/JA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  9
Sep 05, 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 an error or injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the case.  However,  the  Board
is not persuaded that the applicant was denied the  opportunity  to  compete
successfully for promotion on a fair and equitable basis.  In  this  regard,
we note that AFI 36-2501 is the authority for  establishing  procedures  for
promotion selection boards and the applicant has not provided evidence  that
the established procedures were applied improperly in her case.   The  Board
also notes, MPFM 04-28 dated 12 July 2004, clearly states  that  TYDs  after
4 January 1995, will not  be  reflected  under  the  overseas  duty  history
unless they  resulted  in  award  of  a  short  or  long  tour.   Since  the
applicant’s TDY was for a period of five months  and  she  was  not  awarded
credit for a short or long tour, the TDY was not required  to  be  reflected
on her OSB.  In regards to the applicant’s contention  that  her  letter  to
the CY04C selection board was not present in  her  OSR,  evidence  has  been
presented that would lead the Board to be of  the  opinion  a  copy  of  the
letter was timely filed in her OSR  and  made  available  to  the  selection
board.  Therefore, we agree with the opinions  and  recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.  In the absence of evidence to the contrary, we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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  Docket  Number  BC-2005-01932
in Executive Session on 8 November 2005, under the  provisions  of  AFI  36-
2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPB, dated 19 Aug 05.
    Exhibit D.  Letter, AFPC/DPPPO, dated 26 Aug 05.
    Exhibit E.  Letter, AFPC/JA, dated 2 Sep 05.
    Exhibit F.  Letter, SAF/MRBR, dated 9 Sep 05.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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