RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02844
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to reflect that he was not
twice passed over for promotion to the rank of captain, but was
promoted to captain.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly passed over twice for promotion to captain,
despite having excellent Officer Performance Reports (OPRs). He
met and surpassed all leadership and training requirements for
an officer at his rank. He is not aware of any negative
information in his records, as none existed. He was at a
disadvantage either because his personnel records were missing
pertinent information or the promotion board members were
unprepared. He was never given an adequate explanation as to
why he was not selected by the promotion board.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served as a Physician Assistant at MacDill AFB, FL
during the period of time in question.
The applicant received a referral OPR for the period 29 Apr 94
through 28 Apr 95, on which he was marked as Does Not Meet
Standards for Professional Qualities. The OPR included bullets
which read When required, could accelerate his pace to the
level necessary to keep patients waiting time to a minimum, and
Through dedication, experience, and more training, will pass
his physician assistant board certification and become a
competent medical provider.
The applicant was passed over for promotion to captain multiple
times, but due to the fact he had attained more than 18 years of
satisfactory service, he was retained until eligible for
retirement.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/PB recommends denial, indicating there is no evidence of an
error or injustice. The applicant was considered, but not
selected, by the FY99 USAF Reserve Captain Promotion Board, the
FY00 USAF Reserve Captain Promotion Board, and the FY01 USAF
Reserve Captain Promotion Board. The objective of the Reserve
promotion process is to promote fully qualified officers to
serve in the next higher grade. Promotion is a competitive
process and the final recommendation is determined through a
fair and equitable process by the board members. There was no
error found in the applicants record, so there is no relief to
grant. His record was afforded fair and equitable treatment by
three separate USAF Reserve promotion boards, and he was not
selected for promotion. The applicant retired on 2 Apr 01.
A complete copy of the ARPC/PB evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant repeats his initial contention he was a fully
qualified officer, and states his commander made threats and
racially discriminating remarks to him and black listed him
because he was a single father. It did not matter that he had
the best record of professional and clinical skills and patient
satisfaction at the clinic, the commander gave him a referral
OPR. He also includes an extensive review of his life and
military career, and two letters of support from acquaintances
(Exhibit E).
________________________________________________________________
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. We took
notice of the applicants complete submission, to include the
applicants rebuttal to the Air Force advisory, in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Other than his own uncorroborated assertions, the applicant has
provided no evidence whatsoever to indicate that he was somehow
deprived of full and fair consideration for promotion.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2012-02844 in Executive Session on 20 Feb 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/PB, dated 23 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 7 Aug 12.
Exhibit E. Letter, Applicant, dated 5 Sep 12, w/atchs.
Panel Chair
3
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