DOCKET NUMBER: BC-2012-00810
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His non-selection for promotion to the grade of Lieutenant
Colonel (Lt Col) O-5 by the CY05A Lt Col Central Selection Board
(CSB) be overturned.
________________________________________________________________
APPLICANT CONTENDS THAT:
If his designation as a Distinguished Graduate (DG) of his June
1999 Aircraft Commander formal course had been timely included
in his record, it would have altered the outcome of the
promotion board. This information was never provided to him or
anyone in his chain of command. He discovered the
substantiating document as he was conducting a review of his
electronic military personnel records in July 2010. This was
the first notification he received that he was the DG. The form
was placed in his records well after his primary O-5 promotion
board in 2005.
He accomplished a thorough review of his records prior to the O-
5 promotion board and the DG information was not in his records.
The Air Force places great emphasis on accomplishing formal
courses and distinguished graduates from these courses are
carefully selected and subsequently groomed for higher ranks. A
significant amount of weight is placed on formal course
distinguished graduates during promotion boards.
In support of his request, the applicant provides his AF Form
475, Education and Training Report (identifying him as a DG),
and copies of his Officer Performance Reports (OPRs).
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a Regular Air Force
commissioned officer in the grade of Major (O-4) with an
effective date of rank of 01 January 2002. His Total Active
Federal Military Service Date (TAFMSD) and Total Federal
Commissioned Service Date (TFCSD) are 15 June 1991.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID determined there is no action required by their
office. DPSID states the applicant’s contested training report
(TR) was signed by the evaluator on 5 January 2000 and has been
a matter of record in the Automated Records Management System
(ARMS) and the Officer Selection Record (OSR) since its filing
date which was prior to the convening date of the applicable
Central Selection Board (CSB) the applicant is contesting.
Regarding the applicant’s contention that the Distinguished
Graduate accomplishment was not recorded on any subsequent OPR,
AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph
3.7.6., clearly states to not include comments regarding events
which occurred in a previous reporting period, unless the events
add significantly to the evaluation report and were not known to
and considered by the previous evaluators and were not
previously reflected in a prior evaluation report. In this case
the TR, which closed out prior to any OPRs at issue, did comment
on the DG award, therefore, per AF guidance, any mention of this
award on any subsequent OPR is inappropriate and prohibited.
The complete DPSID evaluation is at Exhibit C.
AFPC/PB recommends denial. PB states the training report in
question closing on 23 June 1999 and dated 5 January 2000 was
placed in the applicant’s OSR on 14 January 2000 and was seen by
the board.
The complete PB evaluation, with attachments, is at Exhibit D.
AFPC/DPSOO recommends denial. DPSOO states the applicant has
eight non-selections to the grade of Lieutenant Colonel by the
CY05A (6 Jul 05), CY06A (13 Mar 06), CY06C (28 Nov 06), CY07B
(27 Nov 07), CY08B (8 Sep 08), CY09B (8 Jun 09), CY10A
(8 Mar 10), and CY11A (7 Mar 11) Lieutenant Colonel Central
Selection Boards (CSBs).
DPSOO further states that based on AFPC/DPSID and AFPC/PB’s
advisories the applicant’s training report was committed to ARMS
in January 2000, and was physically filed in the applicant’s OSR
on 14 January 2000, well in advance of his 6 July 2005,
promotion board.
2
The complete DPSOO evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by reiterating his previous contention
that if the training report was placed in his OSR it was not
visible to him or his commander. Additionally, if the document
was accessible to them, or even if appropriate notifications
were made, the DG award would have been documented in his OPR
which closed out on 5 April 2000 and would also have been
documented on his promotion recommendation form (PRF) which was
sent to the board. The applicant further states a DG award is
the most important delineating piece of information a board can
have to influence its decision, and is so important; it would
normally be placed on the first line of these reports. The fact
that it does not appear at all is an injustice and unfairly
placed him at a significant disadvantage when the board reviewed
his records.
The applicant’s complete response, with attachments, is at
Exhibit G.
________________________________________________________________
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 an injustice warranting
overturn of the applicant’s nonselection to lieutenant colonel
by the CY5A Lt Col Central Selection Board. The applicant
argues that the training report was not visible to him or his
commander after a thorough review of his records in July 2010.
We note the OPR states the TR has been on file in the
applicant’s record since 12 January 2000, some five years prior
to the promotion board in question. In our view, a
preponderance of the evidence supports that the contested TR was
in fact filed in the applicant’s record. Even if we accepted
the applicant’s argument that the TR was not in fact filed in
his record, when considering the time between the accomplishment
of the TR and the applicant’s alleged date of discovery, we can
only conclude that the applicant failed to exercise due
diligence in insuring his records were complete before they were
considered by the promotion board. Therefore, in the absence of
evidence to the contrary, we find no basis to grant the
applicant’s request.
3
________________________________________________________________
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 this application
BC-2012-00810 in Executive Session on 20 September 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 February 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 25 April 2012.
Exhibit D. Letter, AFPC/PB, dated 10 May 2012, w/atchs.
Exhibit E. Letter, AFPC/DPSOO, dated 11 June 2012.
Exhibit F. Letter, SAF/MRBR, dated 27 June 2012.
Exhibit G. Letter, APPLICANT, dated 25 July 2012, w/atchs.
Panel Chair
Panel Chair
Member
Member
4
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