ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00134
                                             INDEX CODE:  131.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a direct promotion to Lieutenant Colonel (LtCol) as if he were
selected by the Calendar Year 2002A (CY02A) Lieutenant Colonel  Selection
Board based on  the  “Definitely  Promote”  (DP)  recommendation  of  his
current Senior Rater.

___________________________________________________________________

RESUME OF CASE:

On 18 May 06, the AFBCMR considered and denied  the  applicant’s  request
for a direct promotion to the grade of lieutenant colonel.  The Board did
however agree, as a result of a previous special selection  board  (SSB),
that he be allowed to  resume  his  Air  Force  career  on  active  duty.
Consequently, the Board granted his  request  for  reinstatement  to  the
active duty Air Force; however, denied his request for  direct  promotion
to lieutenant colonel.  The Board determined that a direct promotion  was
not warranted and that applicant would  receive  fair  consideration  for
lieutenant colonel by a regularly  constituted  central  selection  board
(CSB).  The Board even went so far as to set aside any non-selections  to
lieutenant colonel he might receive while on active duty until his record
contained at least three Officer Performance Reports (OPRs) with at least
250  days  of  supervision.   For  an  accounting  of   the   facts   and
circumstances surrounding the  application,  and  the  rationale  of  the
earlier decision by the Board, see the Record  of  Proceedings  (ROP)  at
Exhibit G.

On 12 and 13 Mar 07, the applicant wrote letters to the Secretary of  the
Air Force (SECAF) and to the AFBCMR, respectively,  requesting  that  the
SECAF review the findings of his BCMR case  to  determine  if  his  equal
protection rights were violated.  By virtue of his promotion to major  by
SSB (effective and with date of rank of 1 June 1998 and his return to Air
Force active duty, he became eligible to meet Air Force Lt Col  CSB’s  as
early as calendar year 2002 (CY02).  He therefore requested  that  he  be
considered for promotion to Lt Col  by  SSB  for  the  several  promotion
Boards be missed while he was a member of the USN, substituting  his  USN
records in place of his nonexistent Air Force records.

Applicant’s letters of 12 and 13 Mar 07 are attached at Exhibits H  &  I,
respectively.

Pursuant  to  the  Board’s  request  AFPC/DPPPOO  and  AFPC/JA   provided
evaluations based on the new evidence (Exhibits J & K). AFPC/JA addressed
the applicant’s contention that his  equal  protection  rights  had  been
violated.  JA stated that the equal protection rights that were  violated
(if any) were fully remedied once the applicant was awarded the SSB  that
eventually selected him for promotion to the grade of major.

On  28  Mar  07,  the  Executive  Director,  AFBCMR,  responded  to   the
applicant’s 13 Mar 07 letter on behalf of the Secretary of the Air  Force
stating, in part, that  the  AFBCMR  had  been  informally  advised  that
AFPC/DPPPOO would administratively grant his request for SSBs.

The complete AFBCMR response is at Exhibit L.

On 9 Jul 07, the applicant provided  additional  pertinent  evidence  and
requested that the Board reconsider his request for direct  promotion  to
the grade of lieutenant colonel.  Applicant’s contentions are as follows:

In preparation for  his  CY07  lieutenant  colonel  selection  board,  he
received a “Definitely Promote” recommendation  from  his  senior  rater.
His recommendation came in spite of the fact  that  he  had  not  had  an
opportunity to receive any OPRs since returning to the Air Force.

Upon review of the past 20 LTC Medical Service Corps promotion boards  it
could be inferred that he would have most likely been  promoted  as  99.5
percent  (397/399)  of  officers  in  the  primary  zone   who   received
“Definitely Promote” recommendations were selected for promotion.

He has provided  a  continuation  sheet  of  questions,  statements,  and
observations in  no  particular  order  that  he  believes  supports  his
position that the AFBCMR should substitute its judgment and authority for
that of a duly constituted promotion Board.  Not because the SSB  process
is flawed, but because the SSB process is not empowered  to  address  his
situation.  His record, when compared to other  Air  Force  officers  who
have been in the Air Force the entire time he  was  absent,  will  always
come up short.

He did not and cannot receive fair and equitable promotion  consideration
from a duly constituted SSB for CY02 and he has strong support validating
his qualification for promotion to the higher grade.  Again he asks  that
the Board reconsider his direct promotion  to  the  grade  of  lieutenant
colonel.

Applicant’s complete submission, with attachments, is at Exhibit M.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After careful consideration of the additional evidence  submitted  in
support of the applicant’s request for a direct promotion to  Lt  Col  we
again find it insufficient to justify a change to  our  previous  finding
that a direct promotion is not warranted.  Our earlier opinion  that  the
applicant would receive fair consideration for  promotion  to  lieutenant
colonel by a regularly  constituted  central  promotion  board,  and  the
action directed to  affect  that  opinion,  stands.   Therefore,  in  the
absence of compelling evidence to the contrary, we  find  no  basis  upon
which to favorably consider his request.

2.  Notwithstanding the above however, and after  further  consideration,
we agree with the applicant’s contention  that  his  United  States  Navy
(USN) records should be incorporated into his Air  Force  records.   That
said, and noting his restoration to the Regular Air Force as  if  he  had
never been separated, it appears the only  remaining  constraint  to  his
meeting SSB’s for the years he was a member of the USN has been  removed.
Consequently, and  based  on  DPPPOO’s  finding  that  had  he  not  been
separated, he would have been IPZ eligible for the CY02A Lt Col  MSC  CSB
and APZ eligible for the CY04A, CY04S, CY05C and CY06B CSBs, he should be
considered for promotion to  the  grade  of  Lt  Col  by  SSB  for  those
aforementioned Boards.  Therefore,  we  recommend  that  the  records  be
corrected as indicated below.

3.  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 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:

      a.  On 6 July 2006, any and or all personnel  records  rendered  on
behalf of the applicant  while  he  was  a  member  of  the  US  Navy  be
incorporated into his existing Air Force personnel record.

      b.  His record, to include those personnel records rendered on  his
behalf while he was a member of the US Navy, be considered for  promotion
to the grade of lieutenant colonel by Special  Selection  Board  for  the
Calendar Year 2002A Lieutenant  Colonel  Medical  Service  Corps  Central
Selection Board and for the subsequent Lieutenant Colonel Medical Service
Corps Central Selection Boards through calendar year 2006.


      c.  Any  nonselections  incurred  as  a  result  of  these  Special
Selection Boards will be set aside.

___________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number  BC-
2006-00134 in Executive Session on 27 February 2008, under the provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell, III, Member

All members voted to correct the records, as recommended.  The  following
documentary evidence pertaining to Docket Number       BC-2006-00134  was
considered:

     Exhibit G.  Record of Proceedings, dated 6 Jul 06,
                  w/exhibits A through F.
     Exhibit H.  Applicant’s Letter to SECAF, dated 12 Mar 07.
     Exhibit I.  Applicant’s Letter to AFBCMR, dated 13 Mar 07.
     Exhibit J.  Letter, AFPC/DPPPO, dated 21 Mar 07.
     Exhibit K.  Letter, AFPC/JA, dated 21 Mar 07.
     Exhibit L.  Letter, AFBCMR, dated 28 Mar 07.
     Exhibit M.  Recon Letter, Applicant, dated 9 Jul 07,
                  w/atchs.
     Exhibit N.  Applicant’s Letter to SECAF, dated
                  23 Oct 07, w/atchs.
     Exhibit O.  Letter, SAF/MRB, dated 3 Dec 07.
     Exhibit P.  Letter, SAF/MRB, dated 7 Jan 08.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2006-00134




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:

            a.  On 6 July 2006, any and or all personnel records rendered
on behalf of the applicant while he was  a  member  of  the  US  Navy  be
incorporated into his existing Air Force personnel record.

                b.   His  record,  to  include  those  personnel  records
rendered on his behalf  while  he  was  a  member  of  the  US  Navy,  be
considered for promotion to the grade of lieutenant  colonel  by  Special
Selection Board for the Calendar Year 2002A  Lieutenant  Colonel  Medical
Service Corps Central Selection Board and for the  subsequent  Lieutenant
Colonel Medical Service Corps Central Selection Boards  through  calendar
year 2006.

                c.  Any nonselections  incurred  as  a  result  of  these
Special Selection Boards will be set aside.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency