RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01633
INDEX CODE: 111.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The AF Forms 707, Field Grade Officer Effectiveness Reports
(OERs), rendered on him as a major be reviewed and he receive a
direct promotion to the grade of lieutenant colonel with a date
of rank retroactive to the date he was first eligible for
promotion to lieutenant colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his rights of privacy were violated and he was
determined to be bisexual.
He further believes he was not promoted because of being labeled
bisexual. He was not given the opportunity to be heard or
represented by counsel to prove that he is not bisexual.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was retired on 1 Mar 74 in the grade of major. He
served 21 years, 6 months and 24 days of active service.
Applicants OPR profile as a major follows:
PERIOD ENDING OVERALL EVALUATION
29 Mar 67 Excellent
29 Mar 68
26 Aug 68
26 Jun 69 Outstanding
25 Nov 69
28 May 70
23 Dec 70 Absolutely Superior
14 May 71
27 Sep 71
26 Dec 71
15 Sep 72
15 Sep 73
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial. DPSOO noted the applicant was not
selected for promotion to lieutenant colonel by the calendar
years (CYs) 1972 and 1973 promotion boards. A review of his
performance reports did not reflect any derogatory information
pertaining to his sexuality.
The results of the CY72 and CY73 boards were based on a complete
review of the service members entire selection record
documenting over 30 years of service, assessing whole person
factors.
Although an officer may be qualified for promotion, he may not be
the best qualified of other eligible officers competing for the
limited number of promotion vacancies. To grant a direct
promotion would be unfair to all the officers who have extremely
competitive records but did not get promoted.
The complete APFC/DPSOO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 6 Aug 10, for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence of records and the applicants
complete submission, we find no evidence which would persuade us
that his nonselections for promotion to lieutenant colonel should
be removed and he receive a direct promotion to lieutenant
colonel. His contentions are duly noted; however, we do not find
those uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the rationale provide by the
Air Force office of primary responsibility (OPR). Therefore, we
agree with the opinion and recommendation of the OPR and adopt is
rationale expressed as the basis for our conclusion that the
applicant has failed to sustain his burden of proof of the
existence of either an error or an injustice warranting favorable
action on the relief requested.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-01633 in Executive Session on 26 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 21 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
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