RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02740
INDEX CODE:
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain with a date of rank (DOR) of 1
March 1977.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was a deliberate frequency of change of reporting official (CRO)
actions taken to avoid the submission of a controlled officer
evaluation report (OER) during the period he was medically
disqualified from missile combat crew duty. He states the lack of
OER’s created a gap in his records going back to 21 August 1974.
While the uniqueness of his situation may have warranted the avoidance
of writing an OER, there was no excuse for his command not having
written mandatory Letters of Evaluation (LOE’s). He feels the July
1976 captain’s board did not have a complete picture of his
performance as a lieutenant with which to make an informed decision on
his promotion potential.
In support of his appeal, the applicant has provided a portion of Air
Force regulation (AFR) 31-3, AFBCMR, dated 21 October 1970, a copy of
a DD Form 149, dated 17 December 1976, AFR 31-11, dated 20 October
1975, several Air Force form 2096’s, Assignment/Personnel Action, a
letter of evaluation, and a copy of AF Form 298-1, Officer Career
Brief.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was commissioned in the Regular Air Force on 22 March 1973.
He was progressively promoted to the grade of First Lieutenant (1Lt)
with a date of rank of 1 march 1976. He was not selected for
promotion to captain by the Fiscal Year 1977 (FY77B) Temporary Captain
Selection Board which convened on 19 July 1976. According to the
applicant’s master records, the Board had for its review the following
documents:
TYPE FROM/THRU DATES RATER
Training Report 22 Mar 73 to 20 Apr 73 1Lt Walker
OPR 21 Apr 73 to 30 Nov 73 Capt
Snapp
OPR 01 Dec 73 to 31 Mar 74 Capt
Snapp
OPR 01 Apr 74 to 21 Aug 74 Capt Hay
LOE 22 Aug 74 to 11 Aug 75 LTC
Thompson
Training Report 22 Aug 74 to 05 Feb 76 Capt Stuler
He was placed on the Temporary Disability Retired List (TDRL) on 1
March 1977 and was permanently retired effective 30 July 1978 after
having served four years and one day of service for pay.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPEP recommends denial. DPPPEP contends the application was
not submitted in a timely manner. DPPPEP states while the applicant
claims he submitted an application to the AFBCMR on 17 Dec 76 but
never received a confirmation of findings, there is no evidence he
followed up on his original case in the ensuing 30-year period.
Further, DPPPEP notes he did not file an appeal under the provisions
of Air Force Instruction (AFI) 36-2401, Correcting Officer and
Enlisted Evaluation Reports, dated 20 Feb 04, within the last three
years. DPPPEP concedes there were numerous changes in reporting
officials; however, no procedural errors were found in the reports on
file in his master personnel record and, based on the information
available, DPPPEP concludes there were no gaps in his records when he
met the FY77B Temporary Captains Selection Board in July 1976. While
comments are not required on training reports and the top report on
file during the board was a training report that covered the period
between 22 Aug 74 and 5 Feb 76, no comments for that length of time
could be construed as a gap in the record. Officially, the record was
in compliance with the governing regulations and no gaps existed when
the record met the board.
DPPPEP’s complete evaluation is at Exhibit C.
HQ AFPC/DPPPO recommends denial. DPPPO notes the application is
untimely. DPPPO contends although there are numerous changes to
reporting officials, no procedural errors were found in the reports on
file in applicant’s master personnel record. Further, DPPPO can find
no gaps in the records that met the FY77B board. Without any changes
to his record, there is no basis to approve or direct a Special
Selection Board (SSB) nor are there any grounds for a direct promotion
to captain. DPPPO recommends the application be denied solely on the
basis of its untimeliness. The applicant’s 30-year delay is without
adequate justification and a waiver of the time limitation could
unreasonably harm the government. Therefore, DPPPO strongly
recommends the Board deny the application as untimely and notes that
they would have no recommendation should the Board decide to grant
relief to the applicant over their objection.
DPPPO’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
17 November 2006 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. We noted the many changes in
reporting officials; however, we could find no compelling evidence to
support his contention there were gaps in his records that negatively
represented his performance and caused the calendar year 1977B (CY77B)
Captains Board to not select him for promotion. Therefore, in the
absence of evidence to the contrary, 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(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 AFBCMR Docket Number BC-
2006-02740 in Executive Session on 24 January 2007, under the
provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Janet I Hassan, Member
Ms. Charlene M. Bradley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPEP, dated 1 Nov 06.
Exhibit D. Letter, AFPC/DPPPO, dated 3 Nov 06.
Exhibit E. Letter, SAF/MRBR, dated 17 Nov 06.
CHARLENE M. BRADLEY
Panel Chair
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