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AF | BCMR | CY2008 | BC-2007-01560
Original file (BC-2007-01560.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01560
            INDEX NUMBER:  131.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reconsidered for Intermediate Developmental Education (IDE).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His lack of Officer Performance Reports (OPRs) in the grade of major puts
him  at  a   disadvantage   for   IDE   consideration.    His   Promotion
Recommendation Form (PRF)  did  not  reflect  records  corrections  which
contributed to his IDE nonselection, and the 2-year  gap  in  his  record
makes it virtually impossible to receive fair consideration for IDE.

In support of his request, the applicant submitted a personal statement.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant  in  the  Regular  Air
Force on 16 Jan 85, and  was  progressively  promoted  to  the  grade  of
captain.  He was retired from active duty  on  1  Nov  05,  due  to  non-
selection for promotion.  He had several errors in his record which  were
corrected and resulted in his promotion via a Special Selection Board and
return to active duty in the rank of major, with a date of rank (DOR)  of
1 Jan 06.  He was also considered and not selected for IDE.  He currently
serves in the grade of major.

On 9 Aug 07, his AF Form 77, Letter of Evaluation, covering the period of
2 Nov 05 through 18 Oct 06, was corrected to reflect
the grade of major versus captain and a copy was placed  in  his  Officer
Selection Record (OSR).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAF recommends denial.  DPAF states, in part, that majors only have
a three-year window of eligibility for IDE  consideration  until  in-the-
promotion-zone (IPZ) for lieutenant colonel.  All candidates and  selects
are considered for school each year during their window  of  eligibility,
with only selects being guaranteed a seat by the end of their eligibility
window.  Also, eligibility windows are  intended  to  allow  officers  to
compete or be designated to in-residence DE by their next  IPZ  promotion
board.  Since the applicant’s date of rank  to  major  was  backdated  to
1 Jan 06, he is currently in his last look of eligibility for school.  He
was eligible for and considered for IDE this year; however,  he  was  not
nominated for school by his senior rater.

The complete DPAF evaluation is at Exhibit C.

AFPC/DPPPEP recommends denial.  DPPPEP states in part, that in accordance
with AFI 36-2608, Military Personnel Records System, AF Form 77s,  Letter
of Evaluation, were placed in his  records  to  cover  the  gaps  between
evaluations for the time he was retired.  After reviewing his evaluations
however, they found that based on his DOR to major, the AF  Form  77  for
the period of 2 Nov 05 through 18 Oct 06 should reflect the rank of major
versus captain.  Therefore, that office corrected the error and no  other
errors were found.

The applicant is under the misconception that the PRF is used by the  IDE
board to make their selection.  However, the PRF is  used  for  promotion
only and the applicant was promoted to major off the PRF.  The PRF is not
used for selection for IDE.

The complete DPPPEP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that  he  has  had  no  evaluations  since
Feb 2005 and none in his current grade.  He cannot compete for  promotion
on an even scale with his peers without records to  be  judged.   Due  to
previous errors he was completely out of the military for over a year.

Even though his date of rank was backdated, he  still  has  not  had  any
evaluations and his rating chain has  nothing  to  consider  for  an  IDE
recommendation.

At the time of his last look he had only been back in the Air  Force  for
three months.  His PRF was written without consideration of his corrected
OPR data and written with false data in his records.  This  again  caused
him to be unfairly considered at the time of  the  action.   All  he  has
asked for is a fair opportunity for success, nothing more.

The applicant’s complete response is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law  or
regulations.

2.  The application was timely filed.

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.
Therefore, 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-2007-01560
in Executive Session on 6 Nov 07, under the provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Apr 07, w/atch.
    Exhibit B.  Applicant's Officer Selection Record.
    Exhibit C.  Memorandum, AFPC/DPAF, dated 10 Jul 07.
    Exhibit D.  Memorandum, AFPC/DPPPEP, dated 9 Aug 07.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Aug 07.
    Exhibit F.  Letter, Applicant, dated 28 Aug 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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