RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02863
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  19 JANUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be promoted to the grade of major (0-4) effective 1 May 2005.

2.  His involuntary separation from active duty  due  to  non-selection  for
promotion be removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His non-selection for promotion was unjust.  He was assigned  to  the  Total
Force  Absorption  Program  (TFAP)  even  though  he  was  not  eligible  to
participate in the program.  His promotion eligibility  date  was  moved  up
approximately two years, but he was denied the appropriate  notification  of
that change.  He had to meet two promotion boards for Major while  stationed
with the Reserve and disconnected from the active duty unit responsible  for
his Officer Performance Reports (OPRs) and  Promotion  Recommendation  Forms
(PRFs).  His active duty unit  failed  to  provide  timely  and/or  adequate
career counseling or any Military Personnel Data  System  (MilPDS)/Personnel
Concept III (PC-III) personal support while he was in TFAP.

In  support  of  the  application,  the  applicant  submits   his   personal
statement, TFAP Concept for Operations information, Air Force Link  article,
Squadron Officer School (SOS) pre-requisites,     e-mail traffic,  SOS  non-
resident program time limit information, his corrected PRF for  CY04A  Major
Promotion Board, his Officer Selection Record (OSR) for P0404A (CY04A),  and
seven  (7)  personal   support   statements.    The   applicant's   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date  as  15
June  1995  and  his  paydate  is  9  June  1995.   The  applicant  has  two
nonselections by the CY03B  (8  Dec  03)  (P0403B)  and  CY04A  (1  Nov  04)
(P0404A) Major Central Selection Boards (CSBs).  He was separated  from  the
Air Force on 31 October 2005.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate offices of the Air Force at Exhibits C & D.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ  AFPC/DPAO  recommends  the  applicant  be   considered   for   selective
continuation allowing him to remain on active duty.   DPAO’s  evaluation  is
at Exhibit C.

HQ AFPC/DPPPO states there  is  no  convincing  data  demonstrating  that  a
material  error  or  injustice  existed  in  the  applicant’s   record   and
recommends denial of his request for direct promotion.  DPPPO  alternatively
recommends that he be given SSB consideration by the P0403B board  in  order
to allow him to write a letter to the  board  explaining  the  circumstances
surrounding his assignment to an Air Force program that he was not  eligible
for, nor should have been assigned to (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 9 December 2005.  As of this  date,  this  office  has
received no response (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or an injustice.  It appears that  the  applicant  was
erroneously placed in the Total Force Absorption Program even though he  was
not eligible to participate.  We have no  way  of  knowing  the  impact  the
error had on the applicant’s promotion  opportunities;  however;  the  Board
believes that the applicant was improperly disadvantaged because of it.   We
note that the Air Force OPR concedes that the applicant was  the  victim  of
an egregious error through no fault of his own.  As a remedy,  they  propose
that the applicant be granted an opportunity to write  the  promotion  board
president  and  be  considered  for  promotion  by  SSB.   We  have  serious
reservations about this as a remedy since the applicant’s Officer  Selection
Record would remain essentially unchanged.  With the only change in his  OSR
being the letter to the promotion  board  president,  it  would  appear  the
applicant’s promotion  opportunity  would  then  hinge,  primarily,  on  the
board’s view of the applicant’s erroneous assignment  as  explained  in  his
letter.   We  do  not  believe  this  goes  far  enough  to  alleviate   the
disadvantages the applicant has  suffered.   For  example,  the  applicant’s
push to  complete  Squadron  Officer  School  (SOS)  appears  to  have  been
impacted by the assignment, causing him to meet the promotion board  without
it completed.  Barring the most unusual circumstances, the absence  of  this
basic tier of  professional  military  education  would  have  an  extremely
negative  impact  on   the   promotion   opportunities   of   any   officer.
Additionally, we note the applicant was disadvantaged in competing  for  and
receiving  the  highest  levels  of  performance  evaluation  and  promotion
recommendation.  When considering the totality of the circumstances in  this
case, we believe this constitutes one of  those  rare  instances  where  the
only just remedy is a recommendation for direct promotion.

4.  Recognizing that a retroactive promotion to a  higher  grade  causes  an
applicant to become eligible for  promotion  to  the  next  grade  prior  to
having an opportunity to build a  record  of  performance,  the  applicant's
records should  also  be  corrected  to  show  that  any  nonselections  for
promotion to the grade of lieutenant colonel in the primary  zone  prior  to
receiving at least three OPRs with at least 250 days of supervision will  be
set aside.  Such action will permit the  applicant  to  take  the  necessary
actions (i.e., get AFPC to reflect retroactive promotions on prior OPRs  and
get appropriate PME for next grade) to become competitive when  he  competes
for promotion to the next higher grade in the future.  In  arriving  at  our
decision, we are keenly aware the courts have held that  the  Secretary  and
his  Boards  have  an  abiding  moral  sanction  to  determine,  insofar  as
possible, the true nature of the alleged injustice  and  to  take  steps  to
grant thorough and fitting relief.  Therefore, we recommend the  records  be
corrected as indicated below.

5.  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.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  He was not released from extended active duty and  was  considered
and selected for promotion to the active duty grade of major  by  the  CY03B
Major CSB which convened on 8 December 2003 and he be given  an  appropriate
date of rank and effective date of promotion.


      b.  He was not released from extended active duty on 31 October  2005,
but was continued on active duty and was ordered PCS to his home  of  record
or home of selection pending further orders.


      c.  Any nonselections for promotion to the grade of lieutenant colonel
in the primary zone prior to receiving at least three  OPRs  with  at  least
250 days of supervision will be set aside.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2005-02863  in
Executive Session on 2 May 2006, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Panel Member
                 Mr. John E. B. Smith, Panel Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAO, dated 15 Oct 05.
    Exhibit D.  Letter, HQ AFPC/DPPPO, dated 1 Dec 05.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Dec 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2005-02863


MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

      a.  He was selected for promotion to the grade of major by the
Calendar Year 2003B Major Central Selection Board, and that action be
initiated to obtain Senate confirmation.


      b.   He was not released from extended active duty on 31 October
2005, but was continued on active duty and was ordered PCS to his home of
record or home of selection pending further orders.

      c.  Any nonselections for promotion to the grade of lieutenant
colonel in the primary zone prior to receiving at least three OPRs with at
least 250 days of supervision will be set aside.





                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
Boards Agency