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).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to circumstances beyond his control, he was unable to complete Air
War College (AWC) prior to the convening of the CY04W CSB, which
affected his Promotion Recommendation Form (PRF) and negatively
impacted his promotion opportunity.
His CY04W Officer Selection Brief (OSB) only reflected one level of
academic education.
In support of his appeal, the applicant provided an expanded statement
and other documentation associated with the matter under review.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
the applicant is currently serving on active duty in the grade of
lieutenant colonel, having been promoted to that grade on 1 Jul 99.
His Total Active Federal Military Service Date (TAFMSD) is 16 Jul 82
and his Total Active Federal Commissioned Service Date (TAFCSD) is 6
Jun 86.
Applicant's Officer Performance Report (OPR) profile since 1995
follows:
PERIOD ENDING EVALUATION
8 Mar 95 Meets Standards
1 Aug 95 Meets Standards
1 Aug 96 Meets Standards
25 May 97 Meets Standards
31 Mar 98 Meets Standards
31 Mar 99 Meets Standards
31 Mar 00 Meets Standards
31 Mar 01 Meets Standards
31 Mar 02 Meets Standards
31 Mar 03 Meets Standards
# 15 Jan 04 Meets Standards
15 Jan 05 Meets Standards
# Top Report at the time he was considered and nonselected for
promotion to the grade of colonel by the CY04W Colonel CSB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommended denial noting the applicant’s contention that
his promotion opportunity was negatively impacted by his inability to
complete the appropriate Professional Military Education (PME). They
indicated that eligible officers meeting a board have the option to
submit a letter to the board president addressing any matter of record
concerning themselves that they believe is important to their
consideration for promotion. As such, the applicant could have
written a letter to the board members prior to convening of the board,
not after his nonselection to colonel, informing them of the
circumstances surrounding his noncompletion of AWC. The applicant
completed AWC after convening of the CY04W CSB; therefore, this data
would not be reflected on his CY04W OSB. Furthermore, the completion
of AWC is not a requirement for promotion to colonel. The Secretary
of the Air Force's Memorandum of Instructions (MOI) recited to the
CY04W board members specifically instructs them to not consider
academics/PME as a pass-fail requirement or give it disproportionate
weight. In fact, the MOI stresses the "whole-person concept." The
"whole-person concept" includes such factors as job performance,
professional qualities, leadership, depth and breadth of experience,
job responsibility, academic/PME, and specific achievements.
Completion of advanced academic education and PME, like other whole
person factors, must be assessed in terms of how they enhance
performance and potential, as well as, contribute to the mission and
effectiveness of the Air Force.
Regarding the incorrect academic education on the applicant's OSB,
AFPC/DPPPO indicated they agree that his bachelor's degree should have
also been reflected on his OSB. However, each officer eligible for
promotion consideration received an Officer Preselection Brief (OPB)
several months prior to the selection board. The OPB contains the
same data that will appear on the OSB at the central board. Written
instructions attached to the OPB and given to the officer before the
central selection board specifically instruct him/her to carefully
examine the brief for completeness and accuracy. If any errors are
found, he/she must take corrective action prior to the selection
board, not after it. The instructions specifically state, "Officers
will not be considered by a Special Selection Board if, in exercising
reasonable diligence, the officer should have discovered the error or
omission in his/her records and could have taken timely corrective
action." The applicant was not only considered by the CY04W board in-
the-promotion zone, but the CY02A and CY03A below-the-promotion zone
as well without his bachelor's degree on his OSB. The applicant
received OPBs for all three boards, and yet, he failed to ensure his
OSB was accurate for three consecutive boards. In AFPC/DPPPO’s view,
the applicant has not demonstrated reasonable diligence in ensuring
his record was accurate prior to any of these three selection boards.
A complete copy of the AFPC/DPPPO evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 24
Feb 06 for review and response. As of this date, no response has been
received by this office (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 error or injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the applicant’s assertions and the
documentation presented in support of his appeal sufficiently
persuasive to override the rationale provided by Air Force office of
primary responsibility (OPR). The applicant contends that due to
circumstances beyond his control, he was unable to complete AWC prior
to the convening of the CY04W CSB, which negatively affected his
promotion opportunity. However, it appears the applicant could have
written a letter to the board president prior to the board regarding
the circumstances of his noncompletion of AWC. Additionally, we note
the completion of AWC is not a requirement for promotion to colonel.
Concerning the applicant’s incorrect academic education on his OSB, no
evidence has been presented which has shown to our satisfaction the
applicant exercised the necessary diligence to ensure that his record
accurately reflected his academic education. In this respect, we note
the applicant’s academic education was inaccurately reflected for
three consecutive boards. In view of the foregoing, and in the
absence of sufficient evidence to the contrary, we agree with the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant has failed to sustain his burden of
establishing he has suffered either an error or an injustice.
Accordingly, 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 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 AFBCMR Docket Number BC-
2005-03949 in Executive Session on 19 Apr 06, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Jan Mulligan, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 16 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 06.
CHARLENE M. BRADLEY
Panel Chair
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