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AF | BCMR | CY2012 | BC-2012-02844
Original file (BC-2012-02844.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 applicant’s complete submission, to include the 
applicant’s 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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