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AF | BCMR | CY2012 | BC-2012-00810
Original file (BC-2012-00810.pdf) Auto-classification: Denied
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.   
 

 

 
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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 

 
 

 

 
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