RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01014
            INDEX CODE:  131.01
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of lieutenant colonel (LTC).
_________________________________________________________________

APPLICANT CONTENDS THAT:

AFBCMR BC-1996-02683 attempted to rectify the injustice the Air  Force
caused him;  however,  his  records  lack  eight  officer  performance
reports (OPRs) which would have been eight  years  of  accomplishments
had the errors in his record had not occurred.

The complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of  major.   Applicant  was  considered  and  not  selected  for
promotion to the grade of Lt  Col  by  the  CY05A,  CY06A,  and  CY06C
Lieutenant Colonel Central Selection Boards (CSB).

On 19 April 2004, the AFBCMR corrected the applicant's record to  show
he was not discharged from the Air Force in 1997, but was continued on
active duty and selected for promotion to the grade of  major  by  the
CY97C Major CSB.  He was reinstated  into  active  duty  in  2004  and
promoted to the grade of major with a date of rank/effective date of 1
August 1998.  The applicant has no  documented  nonselections  to  the
grade of Lt Col  because  the  19 April  2004  memorandum  directed  a
minimum of two OPRs, with at least 250  days  of  supervision  in  the
grade of major before being considered a nonselect.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states when the AFBCMR  corrected
his records to show he was not discharged and promoted him  to  major,
the Board also directed "If  he  is  considered  and  nonselected  for
promotion to the grade of lieutenant  colonel  prior  to  receiving  a
minimum of two OPRs, with at least 250  days  of  supervision  in  the
grade of major, his nonselection(s) be, and hereby  are,  set  aside."
As such, the member's nonselections to the grade  of  Lt  Col  by  the
CY05A (6 July 2005) (P0505A),  CY06A  (13 March  2006)  (P0506A),  and
CY06C (28 November 2006) (P0506C) Lieutenant Colonel Central Selection
Boards (CSBs) were set aside.  In addition,  DPPPO  states  there  are
many offices who do not follow a typical career path.  Many  of  these
officers progress and do very  well  when  meeting  promotion  boards.
Promoting the applicant outright would be an injustice to the officers
who have a break in service and are  not  afforded  direct  promotion.
His situation is no more unique than those officers recalled to active
duty with breaks in service,  interservice  transfers,  and  transfers
from the Air Force  Reserve  or  Guard.   They  too,  have  incomplete
records and lack the breath and depth their peers have.  While  it  is
unfortunate the applicant was not in an active duty status for  nearly
seven years, the  AFBCMR  has  already  provided  a  way  for  him  to
establish a record of performance as a  major.   Years  of  evaluating
reports, duty assignment  history  data,  decorations,  and  Promotion
Recommendation Forms (PRFs) cannot simply be fabricated  from  nothing
to make him competitive for promotion.  This is why  the  AFBCMR's  19
April 04 decision provided a way for  the  applicant  to  establish  a
record of performance as a major.  He  was  not  to  be  considered  a
nonselect for promotion to Lt Col until he has received two OPRs  with
at least 250 days of supervision as a major.  Granting  him  a  direct
promotion would ignore the basic principle of  the  promotion  system.
Promotions are based on demonstrated  potential  based  on  record  of
performance.  Furthermore, both Congress and DoD have made clear their
intent that when errors are perceived to ultimately affect  promotion,
they should be resolved through the  use  of  SSBs.   When  many  good
officers are competing for a  limited  number  of  promotions,  it  is
extremely competitive.  In the past, and hopefully in the future,  the
AFBCMR will consider direct promotion only in the  most  extraordinary
circumstances.  The applicant also had the opportunity to  notify  the
board, by letter,  of  the  circumstances  surrounding  his  break  in
service.  In addition, he could have attached information  that  would
explain what he had done in the civilian sector.  DPPPO notes he wrote
a letter to the P05065A but did not choose to write to the P0505A  and
P0506C CSBs.  The AFBCMR has fairly considered  the  applicant's  case
and he was provided fair relief.  He  was  given  the  opportunity  to
build a competitive record as a major and has three  nonselections  to
Lt Col set aside to allow him to do so.  DPPPO  recommends  the  Board
deny his request for direct promotion to Lt Col.

The DPPPO complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states Docket Number BC-1996-02683 fails to address  the
impact his eight-year break in service will have on his  promotion  to
Lt Col.  Because of the past  injustice,  his  assignment  history  is
incomplete; he also has no OPRs or decorations for this  period.    He
states being administratively eliminated from Squadron Officer  School
(SOS) makes him noncompetitive for promotion to the grade of  Lt  Col.
In addition, officers recalled with  breaks  in  service  would  still
accumulate OPRs for the time they served  after  returning  to  active
duty.   They  would  not  have  eight  missing   OPRs.    Interservice
transfers, and transfers from  the  Guard  or  Reserve  is  completely
different than being unfairly administratively discharged  and  forced
out of the military with a General Discharge.  He believes he  has  an
established record of performance as  a  major;  however,  he  is  not
competitive with the large  break  in  service  because  of  the  past
injustices.   He  is  not  contending  there  have  been  errors  made
affecting his promotion; he  contends  he  was  placed  in  an  unfair
situation  because  of  a  past  wrong  that  requires   a   different
perspective and consideration.  Furthermore, he states, he did write a
letter to the P0506A but did  not  write  to  the  P0505A  and  P0506C
Central Selection Boards (CSBs).  His commander felt it would  not  be
effective and recommended establishing another OPR and placing a  line
in his PRF discussing the  missing  eight  years  of  accomplishments.
This entry in the PRF  was  his  attempt  by  the  applicant  and  his
commander to address the break in service.   The  applicant  asks  the
Board to consider his duty history and career progression as a captain
where he served in the first Gulf War as a  fighter  pilot  and  later
became an instructor and currently a flight commander.

His complete response 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 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 an error or injustice.  Applicant requests he receive
a direct promotion to  the  grade  of  lieutenant  colonel.   After  a
thorough review of  the  evidence  of  record  and  the  documentation
provided, we are not persuaded that the applicant has been the  victim
of an error or injustice or that has been denied  the  opportunity  to
compete successfully for promotion on a fair and equitable basis.   We
believe  that  direct  promotion  should   only   be   considered   in
extraordinary circumstances where SSB consideration has been deemed to
be totally unworkable.  We find no such showing here.   Therefore,  we
agree with the opinion and recommendation of the Air Force  office  of
primary responsibility and adopt its rationale as the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  In the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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 Docket  Number  BC-2007-
01014 in Executive Session on 12 July 2007, under  the  provisions  of
AFI 36-2603:

            Mr. James A. Wolffe, Acting Panel Chair
            Ms. Donna D. Jonkoff, Member
            Ms. Janet I. Hassan, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-01014 was considered:

      Exhibit A. DD Form 149, dated 26 Mar 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated, 26 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 11 May 07.
      Exhibit E. Letter, Applicant, dated 21 May 07.





                                   JAMES A. WOLFFE
                                   Acting Panel Chair