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AF | BCMR | CY2006 | BC-2006-01620
Original file (BC-2006-01620.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01620
            INDEX CODE:  131.00
      XXXXXXXXXXXX     COUNSEL:  Mr. Raymond J. Toney
            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  28 NOVEMEBER 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Selection Board (SSB)  for  promotion  to  the
grade of colonel by the Calendar Year 2000A Colonel Central Selection  Board
using modified selection methodology.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

Given the circumstances of his  case,  he  believes  his  record  should  be
considered by a SSB under the selection rules set forth under  the  February
2004 policy letter from the Secretary of the Air Force  dealing  with  cases
of 'reverse discrimination.'

Applicant  submits  no  supporting  documentation.    Applicant’s   complete
submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 26 September 2005, the  applicant  was  selected  for  promotion  by  the
Special Selection Board  for  the  CY94A  Lieutenant  Colonel  Line  Central
Selection Board with a retroactive date of rank of 1 September 1995.

On 21 June 2006, the Board considered and granted  the  applicant’s  request
to be considered by a SSB for promotion to  the  grade  of  colonel  by  the
Calendar Year 2000A Colonel  Central  Selection  Board.   In  addition,  the
Board granted the applicant's request that a Promotion  Recommendation  Form
(PRF) be accomplished; however, the Board denied his  request  to  have  the
PRF marked with a "Definitely  Promote  (DP).   The  Board  recommended  the
Senior Rater be tasked with preparing an appropriate PRF.
________________________________________________________________



AIR FORCE EVALUATION:

AFPC/PB recommends denial.  PB advises the error  or  injustice  related  to
the equal  opportunity  (EO)  clause  was  corrected  with  the  applicant's
selection to lieutenant colonel by the CY05C SSB.   The  EO  clause  was  no
longer being used  at  the  time  of  the  original  CY00A  Colonel  Central
Selection Board; the possible "taint" that may  have  been  associated  with
benchmark records for the 1990-1998 selection boards, and  resulted  in  the
modified selection methodology, does not affect benchmark  records  for  the
2000 boards.  The AFPC/PB evaluation is at Exhibit B.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  16
July 2006 for review and comment within 30 days.   As  of  this  date,  this
office has not received a response.

________________________________________________________________

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 an error or injustice.  The  applicant's  request  that  he  be
considered by a Special Selection Board (SSB) for promotion to the grade  of
colonel using modified selection methodology was noted.  However,  we  defer
to the opinion and  recommendation  of  the  Air  Force  office  of  primary
responsibility who has  adequately  addressed  this  issue  and  we  are  in
agreement with its  recommendation.   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 issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2006-01620
in Executive Session on 3 October 2006, under  the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Elwood C. Lewis, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01620 was considered:

   Exhibit A.  DD Form 149, dated 17 May 06, w/atchs.
   Exhibit B.  Letter, AFPC/PB, dated 8 Jun 06, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 16 Jun 06.





                                 THOMAS S. MARKIEWICZ
                                 Chair

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