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AF | BCMR | CY2007 | BC-1992-02612-4
Original file (BC-1992-02612-4.DOC) Auto-classification: Approved

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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