RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00021
            INDEX CODE:  131.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  8 JUL 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His AF IMT 709, Promotion Recommendation Form (PRF) for  the  CY04A
(6 Dec 04) (P0604A) Colonel Central Selection Board include a  Push
for Group Command and he be considered for promotion to  the  grade
of colonel by Special Selection Board (SSB) for the  CY04A  Colonel
Central Selection Board (6 Dec 04) (P0604A).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His justification for requesting this correction is based on  undue
command influence and retribution by, then United States Air  Force
in Europe, Commander-in-Chief (USAFE/CC).  He believes the  actions
of the USAFE/CC  were  in  response  to  his  participation  as  an
investigating  officer   in   a   Department   of   Defense   (DoD)
investigation of multiple allegations against him in the summer  of
2004.

He alleges that USAFE/CV (his rater) not only unjustly  withheld  a
“Definitely Promote,” from his PRF recommendation, but also removed
any push for group command, eliminating any chance for promotion to
colonel.  These actions were not by accident or oversight, but were
both intentional and specifically designed to prevent his promotion
in retaliation for his participation in the  DoD  investigation  of
USAFE/CC’s activities.

In support of his appeal, applicant submitted a personal statement;
Copies of Officer Performance Reports (OPRs), closing 1 Jul 03, 04,
and 9 Jun 05, respectively, and copies of  PRF’s  for  the  P0603B,
P0604A, and P0605A promotion boards.

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

___________________________________________________________________





STATEMENT OF FACTS:

The applicant is currently  serving  in  the  grade  of  lieutenant
colonel, with a date of rank of 1 Feb 00,  with  a  Duty  Title  of
Chief, Operations Inspection Division.

He was nonselected for promotion by the  CY04A  and  CY05A  Colonel
Central Selection Boards which convened on 6 Dec 04 and 12 Sep  05,
respectively.

Applicant's  OPR  profile  for  the  last  five  reporting  periods
follows:

      PERIOD ENDING    OVERALL EVALUATION

      17 Jan 02  Meets Standards (MS)
      17 Jan 03  MS
      01 Jul 03  MS
      01 Jul 04  MS
      09 Jun 05  MS

Applicant has an approved voluntary retirement date of 1 July 2006.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE reviewed this  application  and  recommended  denial,
stating, in part,  the  report  does  not  contain  any  procedural
errors.  The applicant contends the contested PRF  is  inconsistent
with previous PRFs and  OPRs.   Although,  the  applicant  has  had
numerous reports with a command push, there is no  requirement  for
the senior rater (SR) to place the command push  on  the  contested
report.  In addition, command pushes are  optional  comments.   The
AFI  does  not  mandate  an  assignment   recommendation   on   any
performance  report.   Assignment  recommendations   are   optional
allowing the evaluator to document it mainly by choice.   Applicant
failed to provide  supporting  evidence  to  prove  the  report  is
inaccurate or was completed with any form of bias.

He further contends the PRF excluded important information based on
an Inspection General (IG) investigation he had to conduct  on  his
senior rater’s  (SR)  supervisor,  the  USAFE/CC.   Normally,  when
requesting a change to the PRF, applicant must provide support from
the SR and Management Level Review (MLR) President.   In  instances
of bias, the most appropriate form of support would be a report  of
investigation from the  IG  or  Military  Equal  Opportunity  (MEO)
substantiating the information.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/JA concurred with the conclusions reached by HQ AFPC/DPPPE.
 They added, that they do not necessarily agree that the  applicant
would  be  limited  to  only  statements  from  the  evaluators  or
supporting  documentation  from  the  IG  or  MEO  to   prove   his
allegation.  Statements or documentation from other  sources  could
potentially  establish  such  an  error  in  an  appropriate  case.
Applicant has not offered such evidence but relied  solely  on  the
inference he has drawn from the fact that promotion recommendations
(along with OPRs) both before and subsequent to the challenged  PRF
contained the group command recommendation he  seeks.   While  such
circumstantial evidence might suggest that the omission in the 2004
PRF was the result of some  retaliation,  there  is  absolutely  no
other evidence to support such a belief.  In short,  applicant  has
failed by a preponderance of the evidence to prove any  impropriety
in the execution of the PRF.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 7 April 2006 for review and comment within 30 days.  As of  this
date, no response has been received by this office (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 error or injustice.   After  thoroughly  reviewing
the evidence of record and that  provided  by  the  applicant,  the
Board  majority  believes  that  some  doubt  has  been   presented
regarding a  push  for  a  group  command  assignment  in  the  PRF
submitted for the CY04A Colonel Central Selection Board.   In  this
respect, the Board majority noted that the  documentation  reviewed
contains evidence of outstanding performance, including a push  for
group command in the top report closing 1 Jul 04, the SR  commented
“SDE and ops group command a must.”  Additionally, statements  from
senior Air Force officials who signed his previous  and  subsequent
PRF and OPR are consistent when it comes to a  command  push.   The
Board noted the comments by the Air Force.  Nonetheless, while  the
majority of the Board cannot determine conclusively why  a  command
push was not given in the contested PRF, in  consideration  of  all
evidence reviewed, and in view  of  the  applicant’s  previous  and
subsequent  performance,  the  Board  majority  believes  that  any
reasonable doubt should  be  resolved  in  the  applicant’s  favor.
Therefore,  the  majority  of  the  Board   recommends   that   the
applicant’s PRF for the CY04A Colonel Central  Selection  Board  be
amended to  include  a  command  push  and  he  be  considered  for
promotion  by  SSB.   Accordingly,  the  majority  of   the   Board
recommends the applicant’s records be corrected as indicated below.


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   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that the  AF  IMT  709,
Promotion Recommendation, prepared  for  the  Calendar  Year  2004A
(CY04A) Colonel Central Selection Board be amended in Section IV to
reflect in the last sentence, “If I had one  more  DP,  Jack  would
receive. Full  of  "Excellents/Bests/#1s/DGs;"  absolutely  SDE  in
residence, then OG/CC!” rather than, “Simply put, outstanding--from
day one, #1 of 5 superb IG Div Chiefs; definitely promote  now  and
send to SDE.”

It is further recommended that his corrected record, to include the
above correction be  considered  for  promotion  to  the  grade  of
colonel by a Special Selection Board (SSB) for  the  Calendar  Year
2004 (CY04A) Colonel Central Selection Board.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00021 in Executive  Session  on  24  May  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. James A. Wolffe, Member

By a majority vote, the Board recommended granting the application.
 Mr. Novel voted to deny, but he does not wish to submit a Minority
Report. The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Dec 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPE, dated 28 Mar 06.
     Exhibit D.  Letter, HQ AFPC/JA, dated 31 Mar 06.
     Exhibit E.  Letter, SAF/MRBR, dated 7 Apr 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2006-00021




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 XXXXXXX, XXXXXXX, be corrected to show that the
AF IMT 709, Promotion Recommendation, prepared for the Calendar
Year 2004A (CY04A) Colonel Central Selection Board be amended in
Section IV to reflect in the last sentence, “- If I had one more
DP, Jack would receive. Full of "Excellents/Bests/#1s/DGs;"
absolutely SDE in residence, then OG/CC!” rather than, “- Simply
put, outstanding--from day one, #1 of 5 superb IG Div Chiefs;
definitely promote now and send to SDE.”


      It is further directed that his corrected record, to include
the above correction be considered for promotion to the grade of
colonel by a Special Selection Board (SSB) for the Calendar Year
2004 (CY04A) Colonel Central Selection Board.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency