RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  2006-03389
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 May 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered in-the-promotion zone (IPZ) by an Air  Force  active  duty
promotion board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Following his inter-service transfer, the applicable Air Force guidance  in
effect at the time,  required  that  officers  on  active  duty  under  the
Voluntary Recall Program or any other Reserve Recall Program must  have  at
least one year on active duty as of the board convening date before meeting
a promotion board.  He had 366 days.  This guidance has since been modified
to specify that an officer can not return to extended active  duty,  unless
they can complete one year on active duty, prior to  being  considered  for
promotion in their primary zone board.   Ten  weeks  after  completing  his
inter-service transfer, he was considered for promotion in his primary zone
board by the Navy, and was selected to 0-6.  When  the  Air  Force’s  CY03B
Colonel Central Selection Board convened after being on active duty for 366
days, he was no longer in the primary zone.  The senior officer’s  date  of
rank (DOR) to be considered for in primary zone promotions  was  1  October
1998.  His DOR was 1 July 1998, therefore he was considered  on  his  first
Air Force promotion board as above-the- promotion zone (APZ).  According to
AFPC/DPPPO, unless he specifically wrote a letter to the board stating that
he should be considered in the primary zone, the promotion board would have
had no method of determining otherwise.  His promotion zone was  determined
by his DOR.  Based on his DOR of 1 July 1998, not only was he not presented
and considered for promotion in his primary zone by the Air Force,  he  was
without a doubt not presented and considered  by  an  Air  Force  promotion
board in his below-the- promotion zone (BPZ).

His selection folder as it met the CY03B Colonel  Central  Selection  Board
suggests that he  was  considered  in  his  primary  promotion  zone.   His
category was established through  his  DOR  as  indicated  on  his  Officer
Selection Brief which ultimately  placed  him  in  the  above  the  primary
promotion zone.  Since the majority of officers are promoted  during  their
primary zone and his primary zone  promotion  board  was  convened  by  the
United States Navy  which  he  was  selected  for  0-6,  he  requests  AFPC
recognize the fact that the only in primary promotion zone  board  for  0-6
was, in fact, the Naval Reserve Captain Line Selection Board.   He  further
requests implementation of the recommendation of the majority board members
from his previous request (AFBCMR Docket Number BC-2004-01695).

In support of his application, he provides a personal statement and a  copy
of an email from AFPC/DPPPOO.  The applicant’s  complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates  the
applicant’s Total Active Federal Military Service Date as 16 April 1989  and
his Extended Active Duty Date as 25 October 2002.  He is serving  on  active
duty in the grade of lieutenant colonel, with a date of rank of 1 July  1998
and an effective date of 25 October 2002.

Subsequent to the applicant’s inter-service transfer, he was considered for
promotion  by  the  Naval  Reserve  Captain  (0-6)  Selection   Board   and
recommended for promotion.   The  Naval  Reserve  Captain  Selection  Board
report was released on 13 January 2003 and confirmed by the  Senate  on  27
June 2003.  But since the applicant had transferred to the Air Force  prior
to the Naval Reserve Captain Selection Board’s  convening,  report  release
and confirmation, his promotion could not be transferred to the Air  Force.
At the time of the applicant’s transfer, his grade was Commander (O-5)  and
he  had  not  yet  met  the  Naval   Reserve   Captain   Selection   Board.
Consequently, the applicant was correctly transferred into the Air Force as
a lieutenant colonel.

Since his  entry  on  active  duty,  the  applicant  has  received  Officer
Performance Reports closing 1 July 2003, 1 July 2004, 14 June 2005  and  14
June 2006 with overall ratings of “Meets Standards.”  In addition his  file
contains NAVPERS1610/2, Fitness Report and Counseling Record (E-7  -  0-6),
beginning with the rating period 1 October 1999  and  ending  30  September
2002 with overall promotion recommendations of  "Early  Promote."   He  was
considered and nonselected for promotion to the grade  of  colonel  by  the
P0603B, P0604A, P0605A, P0606A and P0607A selection boards.

On 11 August 2004 and 13 December 2004, the applicant’s  request  that  his
promotion to the grade of colonel in the Navy Reserve be transferred to the
Air Force was considered and granted by a Board majority.  However, after a
careful review and consideration of all the factors involved, the Assistant
Secretary of the Air Force did not concur with the  recommendation  of  the
Board majority and denied the application.  For an accounting of the  facts
and circumstances surrounding the applicant’s request and the rationale  of
the earlier decision by the Board, see the Record of Proceedings at Exhibit
F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states that although  the  applicant’s
DOR may have been senior, he  did  not  have  any  previous  nonselections,
therefore he was considered IPZ by  the  CY03B  Colonel  Central  Selection
Board.  It is not unusual for officers who came on active  duty  under  the
Interservice Transfer (IST) or Reserve Recall Programs  to  have  dates  of
rank that may make them appear APZ.  Regardless  of  DORs,  these  officers
still contribute to their senior raters DP allocation  and  the  management
eligibility listings provided to senior raters clearly identify the officer
as IPZ.  DPPPO advises that the applicant  wrote  a  letter  to  the  board
informing board members he had just completed an IST on  25  October  2002.
In addition, he advised the board of his selection to colonel and  that  he
decided to  “forego  0-6  in  the  Navy  Reserve  for  the  challenges  and
opportunity of being on active duty in the Air Force.”

As the applicant indicates, the Defense Officer  Personnel  Management  Act
(DOPMA) system provides a standard for the career progression  of  military
officers, i.e., the due course officer.  The due-course officer  will  move
through the system and compete for promotion with  his  peers  or  “cohort”
group.  However, anytime an officer is promoted either BPZ or APZ or has  a
break in service, he or she is no longer a due-course officer and will  not
compete for promotion with their “cohort” group.   The  same  is  true  for
officers transferring to the Air Force from another branch of service.   In
addition, advises DPPO, promotion timing may not be the  same  across  each
service and therefore, ISTs may  either  have  more  or  less  commissioned
service than those they are competing against for promotion.

DPPPO states the applicant knew prior to the board  the  DOR  criteria  for
each eligible zone.  The applicant waited until two years later to question
how he was considered.  Had he questioned the promotion process and his DOR
prior to the board, DPPPO would have advised him to address his  DOR  in  a
letter as do all officers who return to active duty under a Recall  to  IST
program.  Based on the letter the applicant wrote to the board, the date he
entered active duty (October 2002) and the  EAD  requirement  to  meet  the
board (6 months), regardless of his DOR, DPPPO believes board members  were
aware that he was IPZ since he did not have enough time on active  duty  to
have received a previous nonselection.  The CY02 Colonel board convened  in
December 2002, prior to having 2 months on active duty, and there was  only
one Colonel Board in CY03 and the applicant met that  board.   Since  board
members are briefed of the eligibility requirements, they
would have known that this was the  applicant’s  first  board  of  his  IPZ
board.  The AFPC/DPPPO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he did send a letter to the board to highlight items  that
may not have appeared in his record; however,  he  was  completely  unaware
that he should have told  the  board  that  he  should  be  considered  IPZ
although his DOR indicates otherwise.   No  one  from  AFPC  or  any  other
capacity ever indicated this was necessary.  Consideration for promotion in
the proper category is critical to the possibility of promotion.   An  SSB,
if granted, would be a difficult challenge  for  any  Air  Force  board  to
consider his record because of the fact that Navy evaluations and Air Force
evaluations  are  written  very  differently  and   different   areas   are
emphasized.

The  applicant  believes  that  due  to  the  confusion   surrounding   his
circumstances, there is no possible way in which Air  Force  board  members
could have “fairly” evaluated his record.  A panel of general officers that
could realistically evaluate his record determined that  he  possessed  the
skill set and attributes required to successfully perform as  an  0-6.   He
has had an outstanding stratification throughout his  military  career  and
has been ranked #1 more times  than  not.   He  is  a  successful  military
officer; it just appears that bad timing and unfortunate guidance, or  lack
of, for pursuing a goal of being an Air Force officer  may  stop  him  from
achieving and  contributing  to  his  fullest  capacity.   The  applicant’s
complete letter is at 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 his consideration for promotion to  the
grade of colonel by a Special  Selection  Board  (SSB).   After  a  thorough
review of the evidence presented, we believe the applicant’s  Date  of  Rank
(DOR) may have  clouded  the  promotion  board’s  perception  regarding  the
appropriate  promotion  zone  the  applicant  was  to  be  considered.   The
applicant states, and we agree, that  consideration  for  promotion  in  the
proper category is critical to  the  possibility  of  promotion.   While  we
cannot determine what impact his DOR and promotion zone would  have  had  on
the outcome of the CY03B colonel selection board, we are persuaded that  the
issues involved with his Interservice Transfer  deprived  him  of  full  and
fair consideration.  Therefore in an effort to remove any possibility of  an
injustice to the applicant, it is our opinion  that  his  record  should  be
considered for promotion, to the grade of colonel by an SSB  for  the  CY03B
central colonel selection board with the opportunity  to  present  a  letter
for consideration by the SSB President  addressing  the  DOR  and  promotion
zone issue.  We noted the applicant requests implementation of his  previous
request; however, we find no  cogent  reason  to  attempt  to  overrule  the
previous Assistant Secretary’s decision.  Therefore,  the  applicant  should
be provided relief only to the extent recommended 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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that should he  submit  a  letter  to  the
Special Selection Board President, his record be  considered  for  promotion
to the grade of colonel by a Special Selection Board  (SSB)  for  the  CY03B
Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-03389
in Executive Session on 25 April 2007, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Wallace F. Beard Jr, Member
            Ms. Karen A. Holloman, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Aug 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 14 Dec 06.
     Exhibit D.  Letter SAF/MRBR, dated 5 Jan 07.
     Exhibit E.  Letter, Applicant, undated, w/atch.
     Exhibit F.  SAF/MR Memorandum, dated 14 Nov 05, w/atchs.




                                  CHARLENE M. BRADLEY
                                  Panel Chair
AFBCMR BC-2006-03389




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, should he submit a letter
to the Special Selection Board President, his record be considered for
promotion to the grade of colonel by a Special Selection Board (SSB) for
the CY03B Colonel Central Selection Board.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency