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AF | BCMR | CY2006 | BC-2005-03229
Original file (BC-2005-03229.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03229
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXXXXXXXXX   HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  25 APR 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected by replacing the Air Force Form 709, Promotion
Recommendation Form (PRF) that met the FY03 Line and Health Professions
Lieutenant Colonel Selection Board, which convened on 24 June 2002 with
a corrected PRF.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commander submitted a new  PRF  and  the  ERAB  findings  meet  the
criteria for cause under AFI 36-2401 A1.6.2.4.

In support of his request, the applicant submitted an AF IMT Form  709,
Promotion Recommendation and a Memorandum from the 349th  Air  Mobility
Wing Commander (AFRC).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the  Reserves  on
13 May 1978 and was progressively promoted to the grade of major.

He was considered and not  selected  for  promotion  to  the  grade  of
lieutenant colonel by the FY03 Line and Health  Professions  Lieutenant
Colonel Selection Board.  He retired on 1 March 2003 in  the  grade  of
major.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the applicant has not  met  the
established criteria proving a material error existed in  the  original
PRF.  He received a definitely promote (DP) recommendation, the highest
overall recommendation, and no negative information  was  removed  from
this PRF.  The changes made to Sections III, IV, and VI on the proposed
PRF (as compared to the original) appears to be administrative only  in
an attempt to drive a different promotion result.  DPB  states  as  the
senior rater did not justify any of the changes on the proposed PRF and
the applicant did not provide any information that would lead  them  to
believe a material error existed with the original PRF, no substitution
should occur.

The DPB complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his former commander explains  the  rationale  for
the replacement of the PRF by  stating  “the  PRF,  over  my  signature
should be accepted, as it is the most correct and reflective  of  Major
Seffern…”  He also requests that his  promotion  folder  be  corrected.
The applicant states he does not know what to  make  of  the  PRF.   He
received positive confirmation that this had been corrected twice.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of an error or injustice.  After a thorough review of the
evidence of record and the documentation provided, we are not persuaded
that the applicant has been the victim of an error  or  injustice.   We
are not persuaded by the evidence presented,  that  the  applicant  was
denied the opportunity to compete successfully for promotion on a  fair
and equitable basis.  We note the senior rater provided an updated  PRF
and recommends the original PRF be replaced.  However, the senior rater
does not substantiate that there was a material error in  the  original
PRF or in the process by which the original PRF was crafted.  The board
also notes the applicant received a DP recommendation and  no  negative
information was removed from the original  PRF.   Therefore,  we  agree
with the opinions and recommendations  of  the  Air  Force  offices  of
primary responsibility and adopt its 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.

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 probable 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-
03229 in Executive Session on 8 March 2006, under the provisions of AFI
36-2603:

            Ms. Ms. Kathy L. Boockholdt, Panel Chair
            Ms. Cheryl V. Jacobson, Member
            Mr. August Doddato, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Oct 05, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPB, dated, 21 Nov 05, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 23 Dec 05.
      Exhibit E. Letter, Applicant, dated 12 Feb 06.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair

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