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AF | BCMR | CY2006 | BC-2006-02511
Original file (BC-2006-02511.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02511
            INDEX CODE:  111.05
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 26 FEBRUARY 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His Training Report (TR) rendered for the period 3 December 2003  through  7
January 2005, be removed from his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

He agrees the TR he received is valid; however,  he  believes  it  does  not
reflect his aviation skills, officership, leadership  abilities  or  command
potential.   He  believes  his  other  performance  reports   reflect   many
accomplishments; however, the TR  hindered  his  chances  for  selection  to
lieutenant colonel (LTC).

In support  of  his  request,  applicant  provided,  a  personal  memorandum
listing attachments to his application, a Memorandum for Record  (MFR)  from
the Air  Force  Personnel  Center  (AFPC)  A-10  Assignment  Representative,
copies of his  Office  Performance  Reports  and  copies  of  his  Promotion
Recommendation Forms.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active duty in the grade  of
major, with a date of rank of 1 June  2002.  As  of  11  October  2006,  the
MilPDS reflects one nonselection to the grade of lieutenant colonel.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP states the applicant  agrees  the  TR
is a valid report.  However, the applicant believes  the  report  should  be
removed because  it  lacks  comments  pertaining  to  his  aviation  skills,
officer-ship,  leadership  abilities,  or  command  potential  and   thereby
hindered his chances for promotion to lieutenant colonel.   The  applicant’s
states items are missing;  however,  DPPPEP  indicates  the  items  are  not
mandatory comments on the TR.  DPPPEP also states the  TR  is  accurate  and
portrays an accurate assessment of the applicant’s  performance  during  the
training period.  In addition, to effectively  challenge  a  report,  it  is
necessary to hear from all members in the rating chain.  The  applicant  has
failed to provide information from the rating  chain.   The  applicant  does
not provide information  from  evaluators,  or  official  substantiation  of
error  or  injustice  from  the  Inspector   General   or   Military   Equal
Opportunity.

The complete DPPPEP evaluation is at Exhibit C.

HQ AFPC/DPPPO, recommends the application be  denied.   DPPPO  reviewed  the
findings in the HQ AFPC/DPPPE advisory  and  has  nothing  further  to  add.
Since the advisory recommends denial, SSB consideration is not warranted.

The complete HQ AFPC/DPPPO 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  28
September 2006 for review and comment within 30  days.   As  of  this  date,
this office has received no response (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 an injustice warranting corrective action.   In  this  respect,
based on the evidence provided  it  appears  that  the  applicant,  an  A-10
pilot, was selected  to  fill  a  United  States  Marine  Core  (USMC)  F-18
Exchange Assignment position.  The former assignment officer who placed  the
applicant in the F-18 position provided a statement to the  Board  in  which
he states the  applicant  originally  met  the  requirements  of  a  general
fighter pilot for the F-18 position.  However, subsequent to  his  selection
for the assignment, the qualifications were changed from a  generic  fighter
pilot to a current/qualified F-15 or  F-16  instructor  pilot  with  certain
qualifications.  This action rendered  the  applicant  unqualified  for  the
exchange assignment.  Since funds had already been allocated and spent,  the
decision was made that the applicant  would  continue  with  the  assignment
despite the qualification  change.   As  a  consequence,  his  training  was
terminated due to performance deficiencies.   In  view  of  the  above,  and
taking into consideration the applicant's record  of  performance  prior  to
and subsequent to the exchange assignment, we  believe  he  has  established
reasonable doubt as to whether the contested  report  provides  a  fair  and
just portrayal of his potential.  We  believe  the  applicant  was  unfairly
placed in a no-win situation and that it would be an injustice  for  him  to
suffer the adverse effects the contested training report  imposes  upon  his
career.  Therefore, it is our opinion that his records should  be  corrected
to the extent 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 issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that the AF IMT  475,  Education/Training
Report (TR), rendered for the  period  3 December  2003  through  7  January
2005, be declared void and removed from his records.

It is further recommended  that  the  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by Special Selection Board  for
the Calendar Year 2006A (CY06A) Central Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-02511
in Executive Session on 2 November 2006, under the  provisions  of  AFI  36-
2603:

            Mr. James W. Russell III, Panel Chair
            Mr. Todd L. Schafer, Member
            Ms. Maureen B. Higgins, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2006-02511   was
considered:

    Exhibit A.  DD Form 149, dated 17 August 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPPEP  Letter, dated 13 September 2006.
    Exhibit D.  AFPC/DPPPO Letter, dated 18 September 2006.
    Exhibit F.  Letter, SAF/MRBR, dated 28 September 2006.




            JAMES W. RUSSELL III
            Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]

 Office of the Assistant Secretary


AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002




XXXXXXX

XXXXXXX
XXXXXXX

Dear XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-02511,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                       GREGORY E.  JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
1.  Record of Proceedings
2.  Copy of Directive
3.  Customer Survey

cc:
DFAS-DE


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]


Office of the Assistant Secretary

AFBCMR BC-2006-02511




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 the IMT 475,
Education/Training Report rendered for the period 3 December 2003 through 7
January 2005, be, and hereby is, declared void and removed from his
records.

      It is further directed that the corrected record be considered for
promotion to the grade of lieutenant colonel by Special Selection Board for
the Calendar Year 2006 (CY06A) Lieutenant Colonel Central Selection Board.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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