ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1999-03088
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Promotion Recommendation Form (PRF) prepared for the Calendar Year
1995A (CY95A) Major Central Selection Board (CSB) be declared void and
replaced with a PRF reflecting an overall recommendation of “Definitely
Promote (DP).”
_________________________________________________________________
RESUME OF CASE:
On 4 September 2002, the Board considered the applicant’s request to be
promoted to the grade of major, or in the alternative, that he be given
promotion consideration to the grade of major by an SSB. The Board denied
the applicant’s appeal, concluding that no basis existed upon which to
recommend favorable consideration of the relief sought. For an accounting
of the facts and circumstances surrounding the Board’s consideration of the
application and the rationale for their decision see the complete copy of
the Record of Proceedings at Exhibit O.
By application, dated 24 April 2009, the applicant requests the PRF
prepared for the CY95A Major CSB be declared void and replaced with a PRF
reflecting an overall recommendation of “DP.” The applicant contends the
following:
1. His due process rights were denied by Aeronautical Systems
Center leadership in the way they handled his promotion and levied
punishment on a situation without knowing all the facts.
2. His record warranted a DP recommendation.
3. Unfair promotion advantages/opportunities were given to
officers at Wright-Patterson AFB versus those assigned to Eglin AFB.
4. He was the victim of discrimination during the promotion
process based on marital status, gender, and illegal instructions provided
to promotion board members.
In support of the appeal, the applicant submits a proposed PRF (without
recommendation), the contested PRF, statistical analysis of the CY95A Major
CSB, and the Memorandum of Instruction for the CY95A Major CSB.
The applicant’s complete submission, with attachments, is at Exhibit P.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined there was insufficient
evidence to warrant any corrective action. After thoroughly reviewing the
evidence of record, the additional documentation submitted by the applicant
in support of his appeal, to include his statistical analysis of the CY95A
Major CSB results and his re-fashioned request for relief, i.e., to replace
the PRF prepared for the CY95A Major CSB with a PRF reflecting an overall
recommendation of “DP,” we do not believe that he has met his burden of
establishing the existence of an error or injustice in his records to
warrant either directing his promotion to the grade of major or replacing
the contested PRF. Therefore, in view of the above, and in the absence of
evidence to the contrary, we find no basis upon which to recommend
favorable consideration of these requests.
2. Notwithstanding the above, we do find sufficient evidence has been
presented to demonstrate the existence of an error or injustice to warrant
providing the applicant promotion consideration by SSBs for the CY95A and
CY96A Major CSBs. In this respect, we note that in his most recent
submission, the applicant contends that he was the victim of discrimination
during the promotion process based on gender and illegal instructions
provided to promotion board members. We also note that in Berkley, the
U.S. Court of Appeals for the Federal Circuit determined the special
instructions to the selection boards erroneously required differential
treatment of officers based on their race and gender. In view of this and
since these improper instructions were employed during both the CY95A and
CY96A Major CSBs which considered the applicant for promotion to the grade
of major, we recommend that his records be corrected to the extent
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 issues 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 considered for promotion to the grade of major by Special
Selection Boards (SSBs) for the Calendar Years 1995A and 1996A Major
Central Selection Boards.
________________________________________________________________
The following members of the Board considered Docket Number BC-1999-03088
in Executive Session on 16 April 2010, under the provisions of AFI 36-2603:
Vice Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit O. Record of Proceedings, dated 1 Oct 02, we/atchs.
Exhibit P. DD Form 149, dated 24 Apr 09, w/atchs.
Vice Chair
AFBCMR BC-1999-03088
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 XXXXXXX, XXXXXXX, be considered for promotion to the grade of
major by Special Selection Boards (SSBs) for the Calendar Years 1995A and
1996A Major Central Selection Boards.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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