RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00492
INDEX NUMBER: 131.00
XXXXXXXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 14 Sep 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for promotion to the grade of lieutenant colonel by
special selection board (SSB) for the Calendar Year 1999A (CY99A)
Lieutenant Colonel Central Selection Board with the language regarding
equal employment opportunity (EEO) removed from the board memorandum
of instruction (MOI).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The EEO language included in the MOI for the CY99A Lieutenant Colonel
Central Selection Board is unconstitutional and resulted in an “unfair
bias” against him. He has applied for a copy of the MOI and will
forward it as soon as it is received.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from Jan 83 to
Feb 03 and retired in the grade of major. He was considered and not
selected for promotion to the grade of lieutenant colonel by the CY99A
Lieutenant Colonel Central Selection Board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the applicant’s request. They note
that the language in the MOI provided to central selection boards and
special selection boards was changed in 1998 to delete the language
cited by the applicant. Therefore, the applicant’s request does not
fall under the Berkeley court decision.
The complete evaluation is at Exhibit C.
HQ USAF/JAA also recommends denial of the applicant’s request. They
note that the language cited by the applicant was the subject of the
case Berkley v. United States and was discontinued for use in boards
beginning in 1998. There is no evidence nor any reason to believe
that the MOI used at the applicant’s board in 1999 contained any
language giving rise to an error or injustice.
The complete 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
24 Mar 06 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices 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. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
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 Docket Number BC-2006-
00492 in Executive Session on 2 May 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E. B. Smith, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC?DPPPO, dated 6 Mar 06.
Exhibit D. Memorandum, HQ USAF/JAA, dated 20 Mar 06.
Exhibit E. Letter, SAF/MRBR, dated 24 Mar 06.
THOMAS S. MARKIEWICZ
Chair
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