RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03469
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The initial overall recommendation of Definitely Promote on
her Performance Recommendation Form (PRF) for the Calendar Year
2011A (CY11A) (P0511A) Lieutenant Colonel (Lt Col) Central
Selection Board (CSB) stand as the final recommendation, in
contradiction to the established Promote recommendation that
reflects on her PRF filed in her permanent evaluation record.
2. Her accomplishments that would have made her competitive
amongst her peers be included in her PRF for the CY12A Lt Col
CSB.
3. She be promoted to the grade of Lt Col.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her PRF which met the CY11A Lt Col CSB was not the same PRF that
she had received from her Senior Rater. Had she been given the
correct version of the PRF prior to the CSB, she would have had
an opportunity to gather additional information prior to the
convening of the CSB.
In addition, her PRF that met the CY12A Lt Col CSB failed to
contain all of the accomplishments that would have made the PRF
competitive amongst her peers.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
rank of major (O-4) with a date of rank of 1 November 2004. The
following is a resume of the applicants performance ratings:
PERIOD ENDING OVERALL EVALUATION
4 Dec 01 (Capt) MS
4 Dec 02 MS
4 Dec 03 MS
25 Jul 04 MS
25 Jul 05 (Major) MS
8 May 06 MS
8 May 07 MS
8 May 08 MS
8 May 09 MS
8 May 10 MS
17 Nov 10 MS
6 Aug 11 MS
The applicant has five non-selections for promotion to the grade
of Lt Col by the CY08B, CY09B, CY10A, CY11A, and CY12A Lt Col
CSBs.
The remaining relevant facts, extracted from the applicants
military service record, are contained in the evaluations provided
by the Air Force offices of primary responsibility at Exhibits C
and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denying the applicants request to change
the final recommendation on her P0511A PRF to a Definitely
Promote, as well as to take no action to correct any element of
her P0512A PRF. The applicant has not provided any
substantiating documentation or evidence to prove her assertions
that the two contested PRFs were rendered unfairly or unjustly,
and has merely provided only her view of events as she believes
them to be true.
A careful review of the existing P0511A PRF shows that the final
promotion recommendation was hand-marked, which indicates that
the record was competed for a Definitely Promote at the P0511A
Management-Level Review (MLR) and was not selected for a final
Definitely Promote recommendation. During this timeframe, the
applicant contends she departed for an overseas deployment, and
that this factor may well have complicated any effort by the
Senior Rater in delivering the final competed Promote rated
PRF which met the P0511A MLR. However, the applicant does not
provide any communication from her Senior Rater or any other
proof to demonstrate that either the PRF was ever mailed to her
at her deployed location or was otherwise misplaced or lost. In
the absence of this evidence, they can only presume that her PRF
was properly conveyed to the applicant by the Senior Rater.
In addition, the Definitely Promote marked PRF which the
applicant provided is not a valid PRF for active duty personnel,
due to the fact that it is digitally signed. The Air Force only
allows active duty PRFs that are wet-signed; therefore, this
digitally signed PRF would never have been accepted for
consideration at any subject Major Command MLR or CSB, nor be
accepted for filing in the applicants permanent evaluation
record.
There does remain a possibility that the Senior Rater or support
staff may have inadvertently processed this initial PRF, marking
the PRF as Definitely Promote due to an incorrect belief that
the applicant was a traditional Air Force Reservist, and that by
some administrative error the applicant mistakenly received a
copy of this erroneous PRF. In any event, it remains clear from
the evidence provided that this error was corrected prior to the
subject MLR, a new PRF was re-signed, and the applicants
corrected PRF did meet an active duty P0511A MLR, at which she
was not given a Definitely Promote recommendation.
Concerning the applicants second allegation that her P0512A PRF
did not contain all of her accomplishments in order for her to
be competitive at the subject CSB, it is solely the Senior
Raters discretion to determine what accomplishments to include
summarizing an officers career, with merely nine lines
available on the form to do so. The applicant fails to
recognize that the PRF is not the only record which documents
performance within the Officer Selection Record (OSR) at the
time of CSB promotion consideration. In addition to the PRF,
the OSR also includes a complete Officer Record of Performance,
to include all Officer Performance Reports (OPRs) and any earned
decoration over an officers career. The accomplishments the
applicant references in her appeal were very likely reported in
various OPRs and earned decorations spanning her entire career.
Air Force policy is that an evaluation report is accurate as
written when it becomes a matter of record. Additionally, it is
considered to represent the rating chains best judgment at the
time it is rendered. To effectively challenge an evaluation, it
is necessary to hear from all the members of the rating chain
not only for support, but also for clarification/explanation.
The applicant has failed to provide any information/support from
any rating official on the contested PRFs. It is determined
that these PRFs were accomplished in direct accordance with all
applicable Air Force policies and procedures. To alter the
recommendations would illegitimize the integrity of the existing
PRFs as completed by the Senior Raters who were assigned that
specific responsibility.
The complete DPSID evaluation is at Exhibit B.
AFPC/DPSOO recommends denying the applicants request for direct
promotion to the grade of Lt Col; however, they support Special
Selection Board (SSB) consideration in order for the applicant
to write a letter to the CY2011A Lt Col CSB highlighting the
accomplishments not mentioned in her PRF. The applicant has not
provided evidence to support her request for direct promotion to
the grade of Lt Col. The results of the original CY11A Lt Col
CSB were based on a complete review of the applicants entire
selection record, assessing the whole person factors such as job
performance, professional qualities, depth and breadth of
experience, leadership, and professional development. Although
she may be qualified for promotion, she may not be the best
qualified of the other eligible officers competing for the
limited number of promotion vacancies in the judgment of a
selection board vested with the discretionary authority to make
such selections. To grant a direct promotion would be unfair to
all other officers who have extremely competitive records, but
did not get promoted.
Additionally, both Congress and Department of Defense have made
it clear their intent that errors ultimately affecting promotion
should be resolved through the use of SSBs. When many good
officers are competing for a limited number of promotions, it is
extremely competitive. Without access to all the competing
records and a review of their content, they believe sending
approved cases to SSBs for remedy is the fairest and best
practice.
The complete DPSOO evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 November 2012, for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
__________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we agree with the Air Force offices of
primary responsibility that the applicant has not provided
sufficient evidence to warrant favorable consideration of her
requests. While the applicant contends the PRF which met the
CY11A CSB was not the same PRF that she had previously received,
she provides no evidence that establishes the contested PRF was
not rendered in accordance with established policy.
Additionally, finding no evidence that she has been treated
differently than similarly situated officers, we do not believe
she has been the victim of an injustice. While AFPC/DPSOO
indicates they would support the applicants record being
considered by an SSB in order for her to be able to write a
letter to the CY12A CSB highlighting her accomplishments not
mentioned in the contested PRF, we note she had this opportunity
available to her prior to the board convening. In view of this
and since there exists no error in her record, we do not agree
that she should be afforded an SSB. Therefore, in view of the
above and in the absence of evidence to the contrary, we find no
basis upon which to recommend favorable consideration of the
requested relief.
________________________________________________________________
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 AFBCMR Docket
Number BC-2012-0469 in Executive Session on 25 April 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03469 was considered:
Exhibit A. DD Form 149, dated 11 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPSID, dated 17 Jul 12.
Exhibit D. Letter, ARPC/DPSOO, dated 31 Oct 12.
Exhibit E. Letter, SAF/MRBR, dated 9 Nov 12.
Panel Chair
6
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