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AF | BCMR | CY2008 | BC-2007-02817
Original file (BC-2007-02817.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02817
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Recommendation Form  (PRF)  prepared  for  the  Calendar  Year
2006B  (CY06B)  Colonel  Central  Selection  Board  be   replaced   with   a
reaccomplished PRF and he be  considered  for  promotion  to  the  grade  of
colonel by a Special Selection Board (SSB) for  the  CY06B  Colonel  Central
Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His senior  rater  has  acknowledged  the  error  in  the  bottom  line  job
recommendation that  met  the  CY06B  promotion  board.   The  existing  PRF
recommends Deputy Group Commander  for  his  next  job;  the  corrected  PRF
recommends Group Commander  –  which  is  consistent  with  his  April  2006
Officer Performance Report (OPR).   Without  this  correction,  a  promotion
board is incorrectly led to believe there had been degradation in  his  duty
performance and promotion potential.

In support of his request, the applicant provided a personal statement,  the
contested PRF, the reaccomplished PRF, and documentation extracted from  his
military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
lieutenant colonel having assumed that grade effective and with  a  date  of
rank (DOR) of 1 February 2002.

The applicant filed an appeal through the Evaluation  Reports  Appeal  Board
(ERAB), under the provisions of AFI 36-2401.  The ERAB  denied  his  request
because they found no procedural  errors  or  injustices  in  the  contested
report.

The applicant was considered and not selected for promotion to the grade  of
colonel by the CY06B (13 November 2006) Colonel Central Selection Board.

His OPR profile since 2000 follows:

           PERIOD ENDING            EVALUATION OF POTENTIAL

                       27 Apr 00  Meets Standards (MS)
                       27 Apr 01                   (MS)
                       27 Apr 02                   (MS)
                       27 Apr 03                   (MS)
                       27 Apr 04                   (MS)
                       27 Apr 05                   (MS)
                       27 Apr 06                   (MS)
                       27 Apr 07                   (MS)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDE recommends denial.   DPSIDE  states  the  applicant  provided  a
corrected report, signed by the original senior  rater,  that  included  the
following changes in Section IV, Promotion Recommendation:

  (1)  Line 2:  “…team x 3 and RM…” changed to “…team x 4 and RM…”


  (2)  Line 9:  “…MDG/CD…” changed to “…MDG/CC or…”

  (3)  No other changes were made.

The applicant provided email traffic from his senior rater and a  memorandum
from the board president supporting the  change;  however,  the  concurrence
was for changing “MDG/CD” to “MDG/CC” only.  The correction  in  Line  2  is
not mentioned anywhere in the application.

The senior rater is required to provide a copy  of  the  PRF  to  the  ratee
approximately 30 days before the board.  AFPC/DPSIDE asserts  that  this  is
the time to correct errors, not after the board.   The  applicant  does  not
state he was not afforded this opportunity.  After  reviewing  his  records,
all OPRs since 2002 included a Group/CC command push.   Not  only  was  this
information available to the board, DPSIDE asserts that  the  alleged  error
clearly, had the applicant  maintained  reasonably  careful  records,  would
have been discoverable and  corrected  prior  to  the  board;  unfortunately
however, he took no action.

DPSIDE’s complete evaluation is at Exhibit C.

AFPC/DPSOO  recommends  denial.   DPSOO  states   based   on   AFPC/DPSIDE’s
recommendation to deny the applicant’s request  to  replace  his  PRF,  they
recommend denial for SSB consideration.

DPSOO’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and  states  the  advisory  recommends
denial of his appeal based solely on  a  procedural  issue  –  that  is,  he
should have been able to correct the PRF  prior  to  the  convening  of  the
promotion board.  It does not dispute the merit and  basis  of  his  appeal,
that being said the error in the command push line, the  recommendation  for
deputy group commander instead of group commander,  was  both  material  and
prejudicial to the promotion board.

Applicant’s response, with attachments, 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting  replacing  the  PRF  prepared
for the CY06B Colonel CSB with a reaccomplished PRF.   After  reviewing  the
supporting documentation submitted by the applicant, it is our opinion  that
the  contested  PRF  was  not  an  accurate  assessment  of  his   promotion
potential.  In this respect, we note the applicant's  request  is  supported
by his senior rater and the MLR President.  Having  no  reason  to  question
the integrity of the senior  officers  involved,  in  our  opinion  the  PRF
should be replaced with a reaccomplished PRF and  he  should  be  considered
for promotion by  an  SSB.   While  it  cannot  be  conclusively  determined
whether or not the error was the reason for his nonselection  for  promotion
by the CY06B board, we believe that it served to deprive  him  of  fair  and
equitable consideration.  We also believe the record shows  that  under  the
facts presented, applicant showed  sufficient  diligence  in  attempting  to
address the errors.  Therefore, in view of the foregoing, we  recommend  the
contested PRF be declared void and removed from his  records  and  that  his
record along with the reaccomplished PRF be considered for promotion to  the
grade of colonel by a Special Selection Board (SSB) for  the  Calendar  Year
2006B Central Colonel Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT,  be  corrected  to  show  that  the  AF  Form  709,  Promotion
Recommendation Form (PRF), prepared for  the  Calendar  Year  2006B  (CY06B)
Colonel Central Selection Board  be  declared  void  and  removed  from  his
records  and  the  attached  PRF  reflecting  in   Section   IV,   Promotion
Recommendation, last line, “…MDG/CC or…” be accepted for file in its place.

It is  further  recommended  that  the  corrected  record,  to  include  the
attached PRF, be considered for promotion to  the  grade  of  colonel  by  a
Special Selection Board for the CY06B Central Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02817 in Executive Session on 22 January 2008, under the provisions  of  AFI
36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. James A. Wolffe, Member

The Board voted to correct  the  records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOO, dated 5 November 2007.
   Exhibit D.  Letter, AFPC/DPSIDE, dated 16 November 2007.
   Exhibit E.  Letter, SAF/MRBR, dated 30 November 2007.
   Exhibit F.  Letter, Applicant, dated 7 December 2007, w/atchs.




                 LAURENCE M. GRONER
                 Panel Chair





AFBCMR BC-2007-02817





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 XXX, be corrected to show that the Promotion Recommendation
Form (PRF), AF Form 709, prepared for the Calendar Year 2006B (CY06B)
Central Colonel Selection Board be, and hereby is, declared void and
removed from his records and the attached PRF reflecting line 2 in Section
IV, Promotion Recommendation, “…team x 4 and RM…” and line 9 in Section IV,
Promotion Recommendation, “…MDG/CC or…” be accepted for file in its place.

      It is further directed that the record, to include the attached PRF,
be considered for promotion to the grade of colonel by a Special Selection
Board for the CY06B Colonel Central Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
PRF

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