RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03225
INDEX CODE: 131.00
XXXXXXXXXXXXXXXXXX COUNSEL: Mr. Barry P. Steinberg
XXXXXXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Selection Briefs (OSBs) prepared for the Calendar Years (CYs)
1998B, 00A, and the 00B Major Central Selection Boards (CSBs) be corrected
to reflect award of a Juris Doctor degree received 20 December 1996.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Counsel states, in part, that applicant is a class member of a pending
litigation in the United States Court of Federal Claims. As a result of
the settlement, applicant’s record will be considered by a Special
Selection Board on 29 November 2005 for promotion to the grade of major.
Prior to applicant’s consideration, her records should be corrected to
include her award of a Juris Doctor degree received 20 December 1996.
In support of her request, applicant provides her counsel's statement and
copies of her college transcripts. Her complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was considered and not selected for retention in the Air
Force by the FY93 RIF board, which convened on 20 July 1992. The applicant
was separated from active duty on 31 December 1992.
Pursuant to the court ordered settlement agreement in the Berkley v. United
States, the (CY04 Special Board (SB) held on 21 September 2004 overturned
this action. The applicant met the CY05 Special Selection Board (SSB) on
17 May 2005 and was selected for promotion to captain. The applicant will
now meet an SSB on 29 November 2005 for promotion consideration to the
grade of major by the CYs98B, 00A, and the 00B Major CSBs.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the request to reflect her Juris Doctor
Degree on her selection briefs. DPPPO states the Secretary of the Air
Force approved removing advanced degrees from the OSBs. Adding this degree
would give the applicant an unfair advantage over her peers. The DPPPO
evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant’s counsel responded that an error was made in respect to the
involuntary separation of his client. That error has been corrected, but
the consequences of the separation have not been. Denying entry of these
significant achievements denies her an opportunity to complete fairly for
promotion. It is unlikely that any of the benchmark files have unrated
periods of active duty, and certainly not for the extended periods present
in the case of his client. The injustice of these circumstances is
apparent. Removal of that injustice, clearly within the statutory mandate
of the Correction Board, is best achieved by including her military
achievements on the OSB and in the records that will be considered by the
promotion board. Such entry does not assure selection for promotion, but
it is a move in the direction of fundamental fairness and allows the
promotion board to have some information concerning her potential and her
activities during this lengthy and involuntary hiatus. The Counsel’s
rebuttal is at Exhibit D.
_________________________________________________________________
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 counsel’s assertion that denying entry of
the applicant’s significant achievement of completing law school and
passing the bar would make her unpromotable. We also note the Air Force’s
policy in effect starting with the CY96A board which removed advance
degrees from the OSBs and states promotion briefs will only reflect
bachelor degrees or the degrees required for entry as an officer into an
individual specialty. Therefore, her Juris Doctor Degree would not have
been reflected on her OSB. Accordingly, we agree with the opinion and
recommendation of the Air Force office 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. As a matter of information, we
note the applicant can write a letter to the Board providing documentation
of her advanced degree.
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 18 November 2005, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence for AFBCMR Docket Number BC-2005-03225
was considered:
Exhibit A. DD Form 149, dated 14 Oct 05, w/atchs.
Exhibit B. Letter, AFPC/DPPPO, dated 7 Nov 05.
Exhibit C. Letter, SAF/MRBR, dated 10 Nov 05.
Exhibit D. Counsel’s Rebuttal, dated 10 Nov 05.
KATHLEEN F. GRAHAM
Panel Chair
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