RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02321
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE 31 Jan 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His non-selection by the CY04 Major JAG Central Selection Board be set
aside. _________________________________________________________________
APPLICANT CONTENDS THAT:
His non-selection for promotion to major was based on the board’s
consideration of an unjustifiably weak Officer Performance Report (OPR),
which has been removed from his records, and a weak PRF, subsequently
substantiated by USAFE/IGQ as a reprisal action, which violated the
Military Whistleblower Protection Act, Title 10 USC, section 1034.
In support of his request the applicant submitted a personal statement and
a redacted copy of the USAFE/IG’s Report of Investigation.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently on active duty as a captain in a terminal leave
status. The applicant met and was non-selected by the CY04A and the CY05B
Major JAG Central Selection Boards. Based on his second non-selection, he
has a mandatory date of separation of 31 August 2006.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPEP in addressing voiding the PRF (CY04A) recommends denial. The
applicant filed an appeal to the Evaluation Reports Appeal Board (ERAB) and
the ERAB decided to void the 25 Mar 04 OPR, but returned without action his
request to void the PRF. The applicant was advised to provide a
reaccomplished PRF and submit the case through the ERAB. If the PRF is
voided, the officer enters supplemental consideration with no promotion
recommendation, and the board would be aware his record was one being
reconsidered, putting the officer at a disadvantage. DPPPEP recommends the
AFBCMR Board deny the request to void the PRF. However, recommends the
Board direct the senior rater to administratively correct the PRF by
providing two new bullets.
AFPC/DPPPEP complete evaluation is at Exhibit C.
AFPC/DPPPO recommends denial. The Chief, Officer Promotion and Appointment
Branch denied the applicant’s request for an SSB based on removal of the
OPR contending that the record should be made whole and once the PRF was
corrected, an SSB would be granted. Should the AFBCMR determine the PRF
should be voided or direct a change, DPPPO then recommends the applicant be
considered for promotion by the CY04A Major JAG Central Selection Board as
an in-the-promotion zone (IPZ) eligible.
AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant requests the Board to set aside his non-selection by the CY04
Major JAG Selection Board. In the alternative, to correct the PRF with the
bullets as recommended in his reply and provide SSB consideration for the
CY04A Major JAG Central Selection Board.
Applicant’s complete response, with attachments, is at Exhibit F.
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 an error or an injustice. After reviewing the evidence of
record, the Board noted the Officer Performance Report (OPR) for the period
ending 25 March 2004 and the Promotion Recommendation Form (PRF) that met
the CY04A Major JAG Central Selection Board were substantiated by USAFE/IGQ
as unjustifiably weak and a result of reprisal action. While the Evaluation
Reports Appeal Board (ERAB) removed the OPR, the ERAB disapproved removal
of the PRF and the Chief, Officer Promotion and Appointment Branch denied
Special Selection Board consideration based on removal of the OPR.
Therefore, it is our opinion the applicant’s record as it met the CY04A
selection board was an inaccurate portrayal of his ability to serve in the
next higher grade. In view of the foregoing and the applicant’s imminent
separation, the Board believes it would be in the interest of both the
applicant and the Air Force to remove his nonselection so that he may be
retained on active duty until all of the issues involved in the case can be
resolved. Accordingly, we recommend that his record be corrected as
indicated below.
_________________________________________________________________
THE BOARD RECOMENNDS THAT:
The records pertaining to the APLLICANT be corrected to show that he was
not considered for promotion to the grade of major by the Calendar Year
2004A Major JAG Central Selection Board.
_________________________________________________________________
The following members of the Board considered Docket Number BC-BC-2006-
02321 in Executive Session on 31 August 2006, under the provisions of AFI
36-2603:
Mr. Michael K. Gallogly, Chair
Ms. John B. Hennessey, Member
Mr. Wayne R. Gracie, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPEP, dated 8 Aug 06
Exhibit D. Letter, AFPC/DPPPO, dated 9 Aug 06.
Exhibit E. Letter, SAF/MRBR, dated 14 Aug 06.
Exhibit F. Applicant’s Response, dated 21 Aug 06.
MICHAEL K.
GALLOGLY
Panel Chair
AFBCMR BC-2006-02321
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 Applicant, be corrected to show that he was not considered for
promotion to the grade of major by the Calendar Year 2004A Major JAG
Central Selection Board
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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