FOURTH ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1992-02612
INDEX CODE: 100.00
XXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 November 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be promoted to the grade of colonel by the Calendar Year 1987
(CY87) Central Colonel Selection Board and reinstated to active duty or, in
the alternative,
2. He be considered for promotion by a Special Selection Board (SSB)
beginning with the CY87 Central Colonel Selection Board with an Officer
Selection Brief (OSB) reflecting his current duty title as Base Commander,
and if not selected, his record, to include a Promotion Recommendation Form
and an Officer Performance Report closing 31 May 1989, be considered by an
SSB for the CY89 Central Colonel Selection Board, and if selected, his
records corrected to reflect 30 years of continuous active service; or in
the alternative, the Board promote him as if selected by the CY89 board.
________________________________________________________________
APPLICANT CONTENDS THAT:
For reasons beyond his control, his records were inaccurate with major
errors significantly reducing the strength of his records.
The fact the CY89 OSB contains the duty title entry of “Base Commander”
effective 1 June 1987 substantiates the change to his CY87 OSB.
The purpose of adding the OPR was to document his performance and because
the other records had an OPR. In their previous statements, the rating
officials indicated the unusual circumstances justified an exception. Not
only does he have an unexplained one-year gap on top of his records, but no
OPR.
The senior rater restated that his “Narrative Only” PRF is the most
accurate he is able to provide; however, he reluctantly approved a
“Promote” recommendation on the PRF prepared for the CY89 board. The
Commander-in-Chief United States Air Forces in Europe (CINCUSAFE) has
reviewed the facts on the PRF issue and recommends he receive one of the
USAFE carryover “DPs.”
Applicant’s complete submission, with attachments, is at Exhibit AA.
________________________________________________________________
STATEMENT OF FACTS:
On March 13, 2001, the Air Force Board for Correction of Military Records
(AFBCMR) reconsidered the applicant’s request for promotion to the grade of
colonel by the Calendar Year (CY) 1987 Central Colonel Selection Board and
reinstatement to active duty or, in the alternative, promotion
consideration by a Special Selection Board (SSB) beginning with the CY87
Central Colonel Selection Board with an Officer Selection Brief reflecting
his current duty title as Base Commander, and if not selected, his record,
to include a Promotion Recommendation Form and an Officer Performance
Report closing May 31, 1989, be considered by an SSB for the CY89 Central
Colonel Selection Board. The Board found insufficient evidence of an error
or an injustice and denied his requests. A copy of the Third Addendum to
the Record of Proceedings, setting forth the rationale for the Board’s
decision, is at Exhibit Z.
On 12 October 2005, the applicant submitted a request for reconsideration,
and provided additional evidence (Exhibit AA).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO concurs with the Officer Selection Brief (OSB) correction to
reflect the duty title of Base Commander, effective 1 June 1987 and
providing him promotion consideration by an SSB for the CY87 Central
Colonel Selection Board.
The AFPC/DPPPO evaluation is at Exhibit CC.
AFPC/DPPPE recommends denial of the applicant’s request to insert an OPR
rendered for the period 1 June 1988 through 31 May 1989. Although the
applicant should have some type of documentation to cover the reporting
period, an OPR is not appropriate. Instead, an AF Form 77 stating that no
report is available should be inserted into his records. If the Board is
concerned with the number of days of supervision, then he requests it be
changed to 30 days.” In addition, any information documented on the OPR can
be included on the Promotion Recommendation Form (PRF), since the PRF can
include the member’s performance for his last 30 days.
The AFPC/DPPPE evaluation is at Exhibit DD.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 26 May 2006 for review and response within 30 days. On 28
June 2006, the application was temporarily withdrawn in accordance with the
applicant’s request. On 15 July 1006, the applicant requested his
application be reopened and provided additional comments as follows.
With respect to the PRF issue, AFPC failed to address his request for a DP,
nor do they address any of the strong evidence submitted in support of his
request. The CINCUSAFE, who is the USAFE MLEB President, has reviewed all
of the facts of the case and recommends he be given one of the carryover
DPs available at the Major Air Command (MAJCOM) during CY87. AFPC has
confirmed the identity of the CY87 MLEB President is unknown. As such, the
Board should consider the recommendation of the CINCUSAFE, acting for the
unknown MLEB President. The CINCUSAFE is the only person, under the
conditions, to make the carryover DP decision. He has done so and
explained why.
In regard to the contested OPR, the rating officials signed the report to
document his achievements and make his record competitive because all of
the other records (benchmarks) against which his would be compared at the
CY89 SSB had an OPR. The rating officials never intended to falsify the
report. If the Board is concerned with the number of days of supervision,
then he requests it be changed to 30 days.” Further, an AF Form 77 is no
substitute for an OPR which documents actual achievements during the
period. In addition, it draws attention to the void in the record. AFPC’s
statement that information in the OPR can be included in the PRF is
incorrect. In this respect, he notes the OPR has approximately 18 lines;
whereas, a PRF has only nine, and that section is to include remarks on
achievements over an entire career. The one or at most two lines available
for the period of the OPR cannot replace the achievements contained in the
18 lines of detail included in the OPR
Applicant’s complete response, with attachments, is at Exhibit HH.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting his consideration for promotion
by a Special Selection Board (SSB) beginning with the CY87 Central Colonel
Selection Board with an Officer Selection Brief (OSB) reflecting his
current duty title as Base Commander and a Promotion Recommendation Form
(PRF) indicating an overall recommendation of “Definitely Promote” matters
of record. AFPC/DPPPO concurs with the correction to the applicant’s
Officer Selection Brief (OSB) to reflect the duty title of Base Commander,
effective 1 June 1987 and providing him promotion consideration by an SSB
for the CY87 Board. We agree. With respect to the PRF, the senior rater
states that his “Narrative Only” PRF was the most accurate he was able to
provide at the time, but in view of the Board’s decision not to file a
“Narrative Only” PRF in the applicant’s records, he reluctantly approves a
“Promote” recommendation on the CY89 PRF. Although AFPC has indicated the
identity of the USAFE MLEB President during the period in question is
unknown, the Commander-in-Chief United States Air Forces in Europe
(CINCUSAFE), who is the current USAFE MLEB President, has reviewed all of
the facts of the case and provided a supporting statement recommending the
applicant be given one of the carryover “DPs” available at the MAJCOM
during CY897. In view of these statements, we recommend his records be
corrected to the extent indicated below.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting further relief. In this
respect, we note the following:
a. This Board has, on several occasions, found that applicant can
receive fair consideration for promotion through the SSB process. The
additional correction to his record will enhance his chances for promotion
selection; however, in the absence of clear-cut evidence that he would have
been selected, we find no basis upon which to recommend his direct
promotion to the grade of colonel through the correction of records
process.
b. After thoroughly reviewing the evidence of record and the
additional documentation submitted by the applicant, we remain unpersuaded
that the proposed Officer Performance Report rendered for the period 1 June
1988 through 31 May 1989 should be placed in his records. Although the
proposed report reflects 365 days of supervision, in view of the
applicant’s 1 July 1988 retirement date, he could not have been on active
duty for more than 30 days during the period of the proposed report. The
applicant alternatively suggests the number of days of supervision on the
proposed report be changed from 365 days to 30 days, if the Board is
concerned with this issue; however, in accordance with the governing
regulation in effect at the time, 120 days of supervision were required
prior to rendering an OPR.
5. If the applicant is selected for promotion to colonel by the SSB, he
should resubmit his request to change his retirement date to reflect 30
years of continuous active service. However, until such time that an SSB
determines he would have been selected for promotion by the original
central selection board, there exists no basis to consider this portion of
the application at this time.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. The Officer Selection Brief (OSB) prepared for the Calendar
Year 1987 (P0687) Central Colonel Selection Board, be amended to reflect
the duty title “Base Commander,” effective 1 June 1987.
b. The Promotion Recommendation Form (PRF), AF Form 709, prepared
for the Calendar Year 1989A (P0689A) Central Colonel Selection Board be
declared void and removed from his records and the attached “No Overall
Recommendation” PRF be amended in Block IX, Overall Recommendation, to
reflect “Definite Promote,” and be accepted for file in its place.
It is further recommended that his corrected record be considered for
promotion to the grade of colonel by a Special Selection Board for the CY
87 and CY89A Central Colonel Selection Boards.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1992-
02612 in Executive Session on 17 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit Z. Third Addendum to ROP, w/atchs.
Exhibit AA. Letter, Applicant, dated 12 Oct 05, w/atchs.
Exhibit BB. Letter, AFBCMR, dated 27 Dec 05.
Exhibit CC. Memo, AFPC/DPPPO, dated 10 Feb 06.
Exhibit DD. Memo, AFPC/DPPPE, undated.
Exhibit EE. Letter, SAF/MRBR, dated 26 May 06.
Exhibit FF. Letter, Applicant, dated 19 Jun 06.
Exhibit GG. Letter, Applicant, dated 28 Jun 06, w/atch.
Exhibit HH. Letter, Applicant, dated 15 Jul 06.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-1992-02612
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 XXXXXX, be corrected to show that:
a. The Officer Selection Brief (OSB) prepared for the
Calendar Year 1987 (P0687) Central Colonel Selection Board, be, and hereby
is, amended to reflect the duty title “Base Commander,” effective 1 June
1987.
b. The Promotion Recommendation Form (PRF),
AF Form 709, prepared for the Calendar Year 1989A (P0689A) Central Colonel
Selection Board be, and hereby is, declared void and removed from his
records and the attached “No Overall Recommendation” PRF be, and hereby is,
amended in Block IX, Overall Recommendation, to reflect “Definite Promote,”
and be accepted for file in its place.
It is further directed that his corrected record be considered for
promotion to the grade of colonel by a Special Selection Board for the CY
87 and CY89A Central Colonel Selection Boards.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Attachment:
PRF, P0689A
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