Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-03225
Original file (BC-2005-03225.DOC) Auto-classification: Denied

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

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-03222

    Original file (BC-2005-03222.DOC) Auto-classification: Approved

    The Air Force recommends approval of the applicant’s request to reflect his flying hours in the B1-B Bomber for the CY00A and CY00B Major CSBs. His Officer Selection Record prepared for the CY05 SSBs to provide promotion consideration by the CY98B, CY00A, and CY00B Major CSBs be corrected to include an Air Force Form 77, Letter of Evaluation, indicating “AF Form 475, Education/Training Report for completion of SOS not available for review.” c. His OSBs prepared for the CY05 SSBs to provide...

  • AF | BCMR | CY2005 | BC-2005-03270

    Original file (BC-2005-03270.DOC) Auto-classification: Approved

    However, DPPPO recommends denial for the applicant’s request to reflect completion of SOS in residence, completion of ACSC in residence, selection for a Regular commission, and an award of an end of tour decoration for his assignment to Korea. All members voted to deny correcting the records to reflect the applicant’s completion of ACSC, a Regular commission, and an end of tour decoration for his assignment to Korea. His Officer Selection Briefs prepared for the Calendar Year 2005 (CY05)...

  • AF | BCMR | CY2005 | BC-2005-03223

    Original file (BC-2005-03223.DOC) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPO recommends approval of the applicant’s request to reflect his award of the DMSM on his selection briefs for the CY01B and the CY02B LtCol boards. DPPPO recommends denial of the applicant request to show completion of ACSC by correspondence on a date prior to the conduct of the original board that would have first considered him for promotion to LtCol because he did not complete ACSC by...

  • AF | BCMR | CY2005 | BC-2005-03362

    Original file (BC-2005-03362.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03362 INDEX CODE: 131.00 XXXXXXXXXXXXXXXXXXX COUNSEL: Mr. Barry P. Steinberg XXXXXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Selection Briefs (OSBs) prepared for the Calendar Year 1999B (CY99B) (P0599B), CY00A (P0500A), CY01B (P0501B), and the CY02B (P0502B) Lieutenant Colonel (Lt Col) Central...

  • AF | BCMR | CY2005 | BC-2005-02166

    Original file (BC-2005-02166.doc) Auto-classification: Denied

    The CY04A OSB, provided at Exhibit C, indicated the applicant had received three, rather than two AFAMs, with a date of 1998. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPO notes the applicant acknowledged that the errors in the Assignment History and Decorations blocks of his OSB were identified by his promotion counselor in Jun 05. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded...

  • AF | BCMR | CY2005 | BC-2004-03594

    Original file (BC-2004-03594.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03594 INDEX CODE: 131.03 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 May 2006 ______________________________________________________________ APPLICANT REQUESTS THAT: His records be reconsidered by a Special Selection Board (SSB) for promotion to lieutenant colonel with the academic information masked on his Officer Selection...

  • AF | BCMR | CY2006 | BC-2006-00127

    Original file (BC-2006-00127.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00127 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 JUL 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Selection Brief (OSB) for the Calendar Year 2005A (CY05A) Lieutenant Colonel (Lt Col) Central Selection Board (CSB) be corrected to reflect his deployment to Afghanistan from 8...

  • AF | BCMR | CY2005 | BC-2005-01692

    Original file (BC-2005-01692.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01692 (Case 2) INDEX CODE: 131.00, 131.01 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 November 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY02B (12 November 2002) Lieutenant Colonel Central...

  • AF | BCMR | CY2005 | BC-2005-01932

    Original file (BC-2005-01932.doc) Auto-classification: Denied

    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. She wrote a letter to...

  • AF | BCMR | CY2006 | BC-2005-03949

    Original file (BC-2005-03949.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03949 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 31 JUN 07 _________________________________________________________________ APPLICANT REQUESTS THAT: He be provided Special Selection Board (SSB) consideration for promotion to the grade of colonel by the Calendar Year 2004W (CY04W) Colonel Central Selection Board (CSB). The instructions...