RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03153
                                             INDEX CODE:  131.01
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered by a Special Selection Board (SSB) for the  Calendar  Year
2004B (CY04B) (P0504B) Lieutenant Colonel  Central  Selection  Board  (CSB),
which convened on 12 July 2004, with inclusion of  a  letter  to  the  board
outlining her medical issues and the  inconsistencies  concerning  her  duty
information.

________________________________________________________________

APPLICANT CONTENDS THAT:

In July 2003, she was  competitively  selected  for  the  Intelligence  Wing
Executive Officer position.   In  December  2003,  she  was  diagnosed  with
breast cancer and underwent surgery for this condition at the  end  of  that
month.  She underwent  adjunctive  treatment  for  the  breast  cancer  from
January 2004 through June 2004, to include chemotherapy and daily  radiation
therapy.   She  suffered  several  side-effects   after   her   chemotherapy
treatment and was restricted to her home much of the time.   She  knew  that
her records would be meeting her first Above-the-Promotion-Zone (APZ)  Board
in July 2004, and worked to the  best  of  her  ability  whenever  possible;
however, her number one priority from January 2004  through  June  2004  was
her health and doing whatever possible to restore it.

Her records were not evaluated by a  medical  board  until  September  2004;
thus, there is no official indication as  to  why  her  duty  title  changed
after only five months in the job.  Consequently,  she  did  not  receive  a
“Definitely Promote”  recommendation  that  she  believes  her  records  and
performance  history  have  earned.   She  has  reviewed   the   Air   Force
Instructions (AFIs) pertaining to assignments and  promotions,  and  nothing
addresses how to handle someone going through a medical process that is  not
yet documented.

She has outstanding records, and her records that  met  the  board  did  not
properly reflect an accurate picture of  her  duty  situation  and  made  it
appear that she was in a position less than six months.   This  led  to  her
non-selection for promotion, and she believes her records should  be  viewed
with the entire story known to those who  affect  her  professional  career.
It  hardly  seems  reasonable  to  be  passed  over  for  promotion  due  to
circumstances beyond her control.

In support of her appeal, she has provided copies of  a  personal  statement
and a letter to the CY04B (P0504B) Lieutenant Colonel CSB.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant  has  five  non-selections  for  promotion  to  the  grade  of
lieutenant colonel; CY03A (8  July  2003)  (P0503A),  CY04B  (12 July  2004)
(P0504B), CY05A (6 July 2005) (P0505A), CY06A (13 March 2006) (P0506A),  and
CY06C (28 November 2006) (P0506C) Lieutenant Colonel CSBs.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration.  There is no evidence  to  show  that  the  applicant’s  non-
selection for promotion to the grade of lieutenant  colonel  by  the  P0504B
CSB was a result of material error or injustice.  It was her  responsibility
to notify board members prior to convening of the  board  of  the  pertinent
information concerning her situation.

Both AFI 36-2501, paragraph 2.10,  and  the  instructions  attached  to  the
Officer Pre-selection Brief that each eligible officer  meeting  the  P0504B
CSB received clearly state that officers have the option to write  a  letter
to the board and address any matter of  record  concerning  themselves  that
they believe is important to their consideration  for  promotion.   However,
the time to submit a letter to the  board  is  prior  to  convening  of  the
original board, not after non-selection for promotion.

The results of the P0504B CSB were based on a complete review of her  entire
selection  record,  assessing  the  whole  person  factors   such   as   job
performance,  professional  qualities,  depth  and  breadth  of  experience,
leadership, and education.  Although she was qualified  for  promotion,  she
was not the best qualified of other  eligible  officers  competing  for  the
limited number of promotion vacancies in the judgment of a  selection  board
vested with discretionary authority to make such selections.

The AFPC/DPSOO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disagrees that letters to the promotion board are to  be  sent
only prior to the board convening.  She was going through a  critical  phase
in her life, and writing a letter to the promotion board was not  an  option
that occurred to her during that time.  There is no AFI  or  other  official
document that addresses the issue of a person receiving medical care  for  a
serious condition, who is also meeting a promotion board prior to  having  a
Medical Evaluation Board (MEB) code their personnel records.

She is a personnel officer and knows there are many unwritten rules  to  the
promotion process.  She knew that being an  executive  officer  for  a  wing
commander was the perfect opportunity to overcome  her  first  non-selection
for promotion.  She had a good start and a good report  for  the  period  of
time she served in that position.

The subsequent non-selections for promotion are no surprise to  her  because
she did not  have  a  “Definitely  Promote”  recommendation.   She  did  not
challenge the promotion process because  she  did  not  think  she  had  any
grounds to challenge the process.  Several things happened to her  in  2007,
and she decided to investigate the promotion process in a  different  light,
and that is when she discovered there are  no  procedures  in  place  for  a
person going through a serious medical treatment whose records have not  yet
met an MEB.  She believes she is more than qualified for promotion  and  can
still offer exemplary service to the Air Force.

The applicant’s 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 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 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.   The
applicant’s  contentions  are  noted;  however,  although   the   Board   is
sympathetic  to  her  medical  condition  at  the  time  of  her   promotion
consideration by  the  CY04B  (P0504B)  Lieutenant  Colonel  (CSB),  it  was
nonetheless her responsibility to notify  board  members  of  the  pertinent
information concerning her situation prior to convening of  the  board,  and
no evidence has been submitted that she was unable to do so.  Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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-2007-03153
in Executive Session on 30 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Kurt R. LaFrance, Member
                       Ms. Lea Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOO, dated 8 Nov 07.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 07.
    Exhibit E.  Letter, Applicant, dated 4 Jan 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair