RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04795
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive the following relief based on being the victim of a
substantiated case of reprisal pursuant to DODD 7050.06,
Military Whistleblower Protection, dated 23 Jul 07, and Title
10 USC 1034:
1. Her record be corrected to reflect that she was selected for
the position of Director, Reserve Active Guard/Reserve (AGR)
Management Office (REAMO) effective Jan 09.
2. She receive a new date of separation (DOS) of 31 Jan 14, or
one year from the date of the Boards decision with credited
retirement and service points.
3. She receive all active duty back pay, leave, basic allowance
for subsistence (BAS), basic allowance for housing (BAH) for the
Washington, DC area and a DD Form 214, Certificate of Release or
Discharge from Active Duty for having served in the Director,
REAMO position from 1 Feb 10 to 1 Feb 14, or one year from the
date of the Boards decision.
4. She receive $1,000.00 for recoupment of gasoline and vehicle
maintenance due to her geographic separation from her family.
6. She receive a direct promotion (without Special Selection
Board (SSB) consideration) to the grade of brigadier general
(BG) with an effective date of 1 Feb 11.
7. She be granted any and all other relief the Board and the
Secretary of the Air Force (SAF) deem appropriate.
________________________________________________________________
APPLICANT CONTENDS THAT:
In a 10-page statement the applicant presents the following
major contentions:
1. Her application is the result of substantiated findings from
an official Secretary of the Air Force Inspector General
(SAF/IG) complaint she filed on 2 Sep 08.
2. In May 08, she submitted an application to be considered for
the Director, REAMO position. The assignment to this position
would have incurred an additional four years of active duty.
The announcement required an Air Force Specialty Code (AFSC) of
37F4 (Personnel) and stated that AGR applications would be the
only ones considered. She met every required qualification.
3. On 10 Jul 08, she was notified that an Air Reserve Technician
(ART) who did not meet the advertised requirements had been
selected. Among other things, the officer was not a
personnelist.
4. She was informed the general officer charged with making the
selection did not base his decision on the merits of the records
but on personal prejudices against her.
5. The crux of her reprisal complaint was that she clearly
should have been chosen as the Director, REAMO. Had she been
given the opportunity to serve as the Director, REAMO and
subsequently meet the Reserve Brigadier General Qualification
Board (RBGQB), she likely would have been placed in a BG
position. Furthermore, her record in the context of that period
of time would have been very competitive for promotion to the
grade of BG. Her official Air Force record as well as her
colonel (Col) Promotion Recommendation Form (PRF) speaks for
itself. She was the youngest line of the Air Force Col at the
age of 39, when she pinned on Col in Feb 04. It stands to
reason, that if her record was exceptional enough to advance her
through the ranks that quickly, promotion to the grade of BG was
surely a reasonable expectation.
6. Even though the evidence of reprisal was substantiated in her
favor, she would be at a disadvantage if allowed to meet a SSB
today. She would not have a PRF, an appropriate general officer
ranking and many of the general officer board members would be
familiar with her case and likely oppose selecting her for
promotion. Her record cannot be reconstructed in such a manner
so as to permit her to compete for promotion on a fair and
equitable basis.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In 2007, the applicant met an Air Reserve Board (ARB) and
requested a two year extension of her 31 Jan 08 DOS.
On 13 Aug 07, the applicant sent a letter to the AFRC/CC,
stating in part that the ARBs decision not to extend her was
flawed and that the process violated Air Force Instructions
and Title 10 USC.
In Apr 08, AGR Vacancy Announcement 08-598H (Director, REAMO)
was announced with a closing date of 28 May 08. On 23 May 08,
the applicant submitted an application.
In July 08, the Deputy AF/RE selected a logistics officer for
the position.
On 2 Sep 08, the applicant filed an IG complaint with the SAF/IG
office IAW AFI 90-301, Inspector General Complaints Resolution.
The applicant alleged that the Deputy AF/RE reprised against her
by not selecting her for the position in violation of Title 10
USC 1034.
On 1 Feb 10, the applicant retired in the grade of Col (0-6).
On 13 Jul 10, the applicant was notified that the SAF/IG had
substantiated her allegation of reprisal against the Deputy
AF/RE, under the provision of Title 10, USC 1034. SAF/IG
reviewed the ROI and approved its findings. In addition, the
Department of Defense (DoD)/IG conducted a thorough review of
the report and concurred with its findings that the Deputy AF/RE
had reprised against her by not selecting her for the position
of Director, REAMO in violation of Title 10 USC 1034.
The remaining relevant facts pertaining to this case are contained
in the evaluations prepared by the appropriate offices of the Air
Force, which are contained at Exhibits B, C and F.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/JA recommends denial. JA states that according to the ROI
there were two AGRs that applied for the Director, REAMO
position and that both were tied as the top candidates. The
cover sheet that accompanied the AGR announcement provided that
if two or more AGRs apply, their applications are the only ones
forwarded on the initial nomination package, regardless of the
number of applicants that applied. Ten eligible candidates
applied for the position.
However, instead of sending only the AGR applicants, to the
Deputy AF/RE for consideration, all 10 candidates were
forwarded. The applicant met all the mandatory qualifications
of the vacancy announcement and only lacked squadron command
experience which the vacancy announcement listed as highly
desirable, but not mandatory. The other AGR colonel met all
the mandatory requirements, but he too, lacked the highly
desirable command experience. Both applicants were tied as the
#1 candidate.
According to the ROI, the Deputy AF/RE engaged in numerous frank
discussions about the candidates with members of his staff, and
after these discussions he selected a non-AGR candidate. His
rationale for not selecting the applicant was that he was
looking for someone with extensive AFR experience, staff
experience at the headquarters and most importantly squadron
commander experience. According to the Deputy AF/RE the
candidate selected was the most qualified for the position.
Title 10 USC 1034b provides that no person may take (or
threaten to take) an unfavorable personnel action, or withhold
(or threaten to withhold) a favorable personnel action, as a
reprisal against a member of the armed forces for making or
preparing to make a protected communication.
AGR members are not by law or policy guaranteed a right to serve
beyond 20 years in the AFR. The AFR manages its AGRs through an
ARB to review AGRs with an upcoming DOS biannually for
continuation in the AGR program for career status beyond their
20 year active duty retirement date. The applicants records
met an ARB in Mar 07. The results of that ARB were that her DOS
remained at 31 Jan 08. The applicant appealed the denial of her
AGR tour extension which the AFRC/CC denied. She asked for
reconsideration and AFRC/CC subsequently granted her request
thereby extending her AGR tour to 31 Jan 10. Before she retired
on 1 Feb 10, she could have applied for another AGR position and
if selected would have been eligible to serve on duty longer.
In May 08, the applicant applied for the Director, REAMO, for
which position she was not selected. She applied for no other
AGR positions before she retired.
The applicant argues that she was the most qualified despite the
SAF/IGS ROI that states that she tied with another colonel as
the #1 candidate. As for justification for her promotion to the
grade of BG, the applicant cites that each Director, REAMO has
been screened by the Reserve Brigadier General Qualification
Board (RBGQB) and found to be qualified to be placed in a Brig
Gen position. However, selection as qualified for the RBGQB is
by no means a guarantee for promotion to BG. The facts reveal
that while these officers may have been selected as qualified
for RBGQB, only one has been promoted to BG.
Facts are that twice a year the AFR convenes an ARB with the
purpose of reviewing AGRs with an upcoming DOS for continuation
in the AGR program for career status or beyond their 20 year
active duty retirement date. The applicants records went
before an ARB that resulted in her DOS remaining at 31 Jan 08,
until AFRC/CC granted her reconsideration and extended her AGR
tour to 31 Jan 10. There is no authority that provides an AGR
will receive, is promised, or is guaranteed an extended tour.
The standard for an ARB is the needs of the AFR. SAF/IGS ROI
also conducted an inquiry into the ARB process concerns raised
by the applicant and concluded that the Reserve ARB is an
authorized method to force manage the AGR program. The inquiry
determined the ARB met the intent of DoDI 1205.18, Full-Time
Support (FTS) to Reserve Components and AFI 36-2132 by managing
her career to active duty retirement eligibility. There is
nothing to indicate that she was singled out for denial of her
extension request.
The applicants view is that she was involuntarily separated
from the Air Force, and that this involuntary separation
violated the law. Contrary to her belief, the applicant was not
involuntary separated from the Air Force, nor was she forced
into retirement. The ARB merely denied extending her AGR tour
DOS beyond 31 Jan 10; she was allowed to finish her AGR tour and
retired 1 Feb 10. She could have applied for AGR tours other
than the Director, REAMO; however, she did not.
As to a violation of Title 10 USC 1034b, the applicant appears
to have the opinion that she was the only qualified applicant
and would have been selected but for reprisal by the Deputy
AF/RE substantiated in the SAF/IGS ROI. Contrary to her views,
the evidence found by the SAF/IGS ROI depicted another colonel
tied with the applicant as equally qualified for the Director,
REAMO position. Had the Deputy AF/RE not reprised against her,
there is no evidence that she would have been selected over the
other colonel, who tied as the #1 candidate.
With regard to her belief that but for the reprisal she would
have been selected as the Director, REAMO and but for this non-
selection she would have been promoted BG, the evidence again is
to the contrary. Selection as qualified to meet the RBGQB does
not result in an automatic promotion. Air Force policy is:
promotion is not a reward for past service. The applicants
belief is that it is the position held that gives rights to
promotion, yet despite evidence to the contrary not all that
served as Director, REAMO have been promoted to the grade of BG.
The complete JA evaluation is at Exhibit B.
AFRC/A1K recommends denial. A1K states that their position
supports that of AFRC/JA.
The complete A1K evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The author of the AFRC/JA opinion has largely mischaracterized
the facts of her case, while minimizing some of the issues
substantiated by the findings of the SAF/IG and addressing other
issues not even requested in her BCMR submission.
The SAF/IG ROI substantiated her allegation of reprisal, that
the Deputy AF/RE did not select her for the Director, REAMO
position in Jul 08.
The SAF/IG substantiated reprisal against her is the foundation
of her BCMR submission and the causal effects of the subsequent
delays in addressing her case are the basis for the additional
requests therein to provide compensation.
Paragraph 1 of the AFRC/JA memorandum is of significant concern
due to its initial mischaracterization of the facts contained in
her BCMR submission and that it sets the baseline for the
remainder of her letter. The paragraph states the following:
She is not alleging that she was wrongfully denied the
position of Director, REAMO. That is a substantiated fact as
stated in the SAF/IG ROI. Therefore, her AGR orders should be
corrected to show that she was selected for the Director, REAMO
with four years added to her last orders, and she should have
continuing active duty orders with a new DOS of 31 Jan 14 (or
one year from date of the Boards decision IAW Title 10 USC
1552d, whichever is sooner. Additionally, her retirement date
should be amended to at least that point and all pay and
entitlements which should have been earned, be awarded to her as
compensation.
Secondly, she did not allege she was wrongfully denied promotion
to the grade of BG. The fact is that due to the substantiated
reprisal by the Deputy AF/RE, she was denied the position as
Director, REAMO and subsequently the opportunity to
competitively screen for the RBGQB. While she fully understands
that selection for promotion to BG is highly competitive and by
no means an assurance solely based upon attaining specific
positions during a career, the fact of the matter is that the
opportunity to compete was wrongly denied to her by the
substantiated reprisal actions of the Deputy AF/RE. A promotion
board should only be usurped when there are: 1) extraordinary
circumstances (i.e. a showing that the officers record cannot
be reconstructed in such a manner so as to permit fair and
equitable consideration) and 2) when the probability of
selection for promotion would have been extremely high were it
not for the original errors. Her record in this case cannot be
reconstructed to show OPRs pertaining to her tenure as Director,
REAMO or any other positive effect of her selection to that
position. Moreover, based on her previous record and rate of
selection of the previous Directors, REAMO, there is a high
probability that she would have been highly competitive and
selected for promotion to the grade of BG.
Third, the AFRC/JA opinion repeatedly mentions that she alleges
she was wrongfully denied extension of her AGR tour and was
involuntarily separated. The fact of the matter is that she is
not addressing the issue of the ARB or her separation, or any
extension issues in this BCMR request at this point due to the
fact that she still has not received any of the Freedom of
Information Act (FOIA) information she requested. As previously
stated she would separate her BMCR into two separate cases:
one for her reprisal case and a second BCMR at a future date on
all the other wrong doings (i.e. AGR mismanagement, violations
of law and her involuntary separation from the Air Force) once
she receives the appropriate information.
The applicants complete response, with attachment, is at
Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AF/JAA recommends denial. AF/JAA states that the applicant was
not the only AGR who was the top candidate for the Director,
REAMO position and when faced with her AGR tour extension denial
in 2010, she elected not to apply for other AGR positions or
another Reserve position. It was within her control to apply
for other AGR positions or pursue other opportunities that could
have continued her in the Reserves until potentially other AGR
positions came open. In short, the applicant chose to retire.
AF/JAA states that one may consider that a denied tour extension
in the current AGR position does not force the member to retire.
However, it was a decision based on the best interest of the Air
Force that the applicant should not be extended in her current
position. In fact, from her application, the applicants
supervisor stated that she had a successful path ahead of her in
the AGR program for many years to come. The fact was she had
been serving in that position for approximately six years. The
applicant comments that each Director, REAMO had been screened
and found qualified to be placed in a BG position. As pointed
out by AFRC/JA, being found qualified to be in such a position
does not mean the individual would be guaranteed promotion. In
fact, only one of the named prior Directors, REAMO had been
actually promoted to the higher grade. In addition, there was
no guarantee that even if the applicant had been selected for
Director, REAMO she would have been successfully found qualified
to be placed in a BG position.
AF/JAA states that they do not slight the applicants record,
but note that she was not the top candidate for the Director,
REAMO position. There was another qualified individual, and
they do not see any evidence that person was reprised against by
not being selected. In fact, there was no guarantee that had
the other candidate been selected, he or she would have been
found qualified to be placed in a BG position. Finally, the
applicant does not present other AGR or Reserve positions that
she applied for and was denied, and she does not identify other
positions that would guarantee her being found qualified for the
higher grade.
AF/JAA states that they cannot and do not ignore the fact that
she was the victim of reprisal; however, they do not believe she
has articulated a justified claim for relief. While a second
ARB decided not to extend her AGR tour, it was within the
applicants control to apply for other positions rather than
retire.
The complete AF/JAA evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
Every time she receives a legal opinion either from AFRC or
Headquarters Air Force (HAF), she is regrettably presented with
either a gross mischaracterization of the facts or the
minimization of the circumstances surrounding her case. The
applicant states that she is entitled to correction of her
military records for the reprisal against her as stipulated in
Title 10 USC 1034, as substantiated by the ROI provided by the
SAF/IG.
The first two pages of the AF/JAA opinion attempt to restate the
background of her complaint and emphasize that she did not have
the highly desirable command experience. However, as noted in
her 17 Jan 13 reply to the AFRC/JA advisory opinion, it is
undisputed the advertised position requirement for Director,
REAMO stated, previous squadron, flight or section command is
highly desirable. She was a squadron section commander at
Soesterberg Air Base, The Netherlands. This is evidenced in her
records and duty title summary previously provided in her
Jan 13 rebuttal. There appears to have been a gross
administrative error on the part of the REAMO office when they
did their initial screening.
The reviewers continue to either misunderstand or
mischaracterize the issue and the fact that it was during the IG
interview that the Deputy AF/RE stated that he only wanted
someone with squadron command (and not section or flight
command) experience as his reason for not selecting her when he
was questioned during the investigation. Furthermore, she has
been informed that she should have been color-coded as the
undisputed #1 candidate for the position from the very
beginning. Although she has requested this information under
the FOIA, she has yet to be provided this color-coded
rack/stack list.
The AF/JAA author attempts to shift focus to two points. First,
that she was not the only AGR who was a top candidate for the
position. However, the SAF/IG report identified her as the top
candidate based on interviews conducted and insights provided
under oath. Even if there was another strong candidate, the
Deputy AF/RE reprisal actions against her ensured she was denied
the position. Her concern is the compensation she should be
afforded based on the substantiated reprisal actions of the
Deputy AF/RE.
Regarding her second point, it seems convenient that three or so
years after the fact, the case reviewers simply state that she
chose to retire and could have applied for other jobs. This is
absurd when considering the facts. During that time, she was
waiting on the results of an official IG complaint which by law,
is supposed to be finalized within six months (it actually took
22 months to conclude and she was not provided the results until
the last day of Jul 10, an admitted oversight by the (SAF/IG).
It does not make sense that she would apply for other positions
when she was waiting for the results. At a minimum, the Air
Force should have retained her at her current duty location or
one close by until the results were provided. Also, as verified
in the IG report, she was informed that she was not going to get
another job. Furthermore, she did not request to leave the AGR
career program; she requested to stay in the program but was
told to either retire or she would be placed in the Individual
Ready Reserve (IRR).
She cannot communicate how competitive her promotion potential
was prior to the reprisal actions of the Deputy AF/RE. Even the
AF/JAA advisory opinion states they do not slight her record at
all. She acknowledges that she would be at a disadvantage if
her case were presented to a SSB. However, at this point she
offers her records as evidence that she achieved every whole-
person milestone, served at all levels (squadron, wing, MAJCOM,
HAF and Joint Command), has always been ranked as #1 or #2 or
top 1%, completed her Masters Degree, awarded the Legion of
Merit (LOM) and completed all professional military education
(PME). The probability of her being selected for promotion
would have been extremely high. However, her case is one of
such an egregious injustice and blatant abuse of power that
unprecedented action should be warranted.
Lastly, regarding AF/JAAs advisory opinion that they
acknowledge and do not ignore the fact that she was the victim
of reprisal based on the substantiated findings of the official
IG complaint, her professional response to that is this: the law
orders military department BCMRs to correct the record of a
victim of reprisal pursuant to Title 10 USC 1034 and to provide
appropriate compensation.
The applicants complete response is at Exhibit H.
_________________________________________________________________
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 an error or injustice concerning
the applicants requests for a direct promotion to the grade of
BG and that her record be corrected to reflect that she was
selected for the Director, REAMO position with a new DOS of Jan
2014. Although the applicant has been the victim of
substantiated reprisal in violation of 10 USC 1034 by the Deputy
AF/RE, which was wrong and unacceptable, we cannot conclude that
a direct promotion to the grade of BG is an appropriate remedy.
In this respect, we note that this Board has long taken the
position that issues of promotion are best determined by a duly
constituted promotion board empowered with the authority to
determine those best qualified for the limited number of
promotions available. In addition, our effort to try and
determine the appropriate relief in light of the act of reprisal
has been complicated by the applicants decision to retire from
the Air Force. Moreover, the applicant has specifically
requested that she not meet a SSB so SSB consideration is moot.
While this Board has on occasion found it to be in the interest
of justice to directly promote an applicant, it has only been
under the most extraordinary of circumstances when the Board is
convinced the applicant has been unfairly deprived of promotion
and likely cannot receive fair and equitable consideration.
Although the list of accomplishments the applicant has presented
appears impressive, we cannot validate they establish her
qualifications for promotion or know how they would be viewed
when stacked against her contemporaries in a competitive
promotion process. Essentially, we can only speculate as to
whether or not she would have ultimately been promoted to the
grade of BG. Moreover, as pointed out by AFRC/JA, being found
qualified to be in such a position does not mean an individual
would be guaranteed promotion. In fact, AF/JAA states that only
one of the named prior Directors, REAMO had been actually
promoted to the higher grade. Additionally, there is no
guarantee that even if the applicant had been selected for
Director, REAMO she would have been successfully found qualified
to be placed in a BG position. In view of this, coupled with
the fact that the ROI reflects that she was not the definitive
number one candidate for the position, we are not persuaded that
she more likely than not would have been promoted to the grade
of BG were it not for the reprisal. Unfortunately, there are
situations wherein the ability of the Board to craft relief that
will make an applicant completely whole is often times limited
by the very circumstances of the case. In this instance, there
is no way to completely restore the career opportunities the
applicant may have lost. Therefore, we do not find extraordinary
circumstances in her case that rise to a level to warrant a
direct promotion to the prestigous grade of BG. With regards
to her requests that her records be corrected to show that she
was selected for the Director, REAMO position with a DOS of Jan
2014, we believe the relief recommended that includes
constructive credit through January 2013, is the more
appropriate remedy. Accordingly, we find no basis to grant this
portion of the applicants request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice to warrant changing her records to reflect a new DOS of
1 Feb 2013, with back pay, issuing a new DD Form 214 and
reimbursement for vehicle fuel/maintenance expenses. While the
Board cannot definitively conclude that the applicant would have
been selected for the position but for the reprisal; we believe
that some measure of relief is warranted. In this respect, we
note that the applicant tied with another colonel as the #1
candidate for the Director, REAMO position. However, because of
the personal prejudices of the responsible management official
against the applicant, she was not fairly considered for the
position. As such, we have determined what we believe is the
appropriate relief based on the evidence before us. Although the
applicant contends that she should be given service credit from
1 Feb 10 to 1 Feb 14, we find it more equitable to award the
applicant with three years of active service credit beginning
1 Feb 10, resulting in a new retirement date of 1 Feb 13, which
is consistent with the date she alleges she would have actually
reported to the Director, REAMO position (Jan 09). Additionally,
we believe reimbursement for her out-of-pocket vehicle
maintenance expenses incurred as a result of having to be
geographically separated from her family due to the reprisal is
warranted. Therefore, we believe correcting the applicants
record to reflect that she was awarded three years service
credit with associated back pay and allowances along with
reimbursement of vehicle expense is appropriate to the
circumstances of the case and constitutes full and fitting
relief. Therefore, we recommend the applicants records be
corrected to the extent indicated below.
5. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:
a. She was not released from active duty on 31 January
2010, but on that date, she was continued on active duty until
31 January 2013, at which time she was released from active duty
and retired under the provisions of Title 10, United States
Code, Section 8911, effective 1 February 2013.
b. She was in a temporary duty status for a sufficient
number of days to accumulate an entitlement of $1,000.00.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2012-04795 in Executive Session on 18 Apr 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 12, w/atchs.
Exhibit B. Letter, AFRC/JA, dated 4 Dec 12.
Exhibit C. Letter, AFRC/A1K, dated 17 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 21 Dec 12.
Exhibit E. Letter, Applicant, dated 17 Jan 13, w/atch.
Exhibit F. Letter, AF/JAA, dated 31 Jan 13.
Exhibit G. Email, SAF/MRBC, dated 22 Mar 13, w/atch.
Exhibit H. Letter, Applicant, dated 17 Apr 13.
Panel Chair
AF | BCMR | CY2008 | BC-2007-02023
AFRC asserts that “he had to request voluntary AGR curtailment which would release him from his contract of current active duty service (AGR Tour) with the Air Force Reserve, and he had to be conditionally released from the AFR for each of the acronyms stated there. Of significance to the Board is the fact that although he claims his AGR Tour was wrongfully terminated, he completed and submitted the AGR Tour Curtailment Worksheet on 26 August 2006, with a stated reason for his request being...
AF | BCMR | CY2006 | BC-2005-03739
After notification of his selection for promotion, he was told he would have to find a MSC position and would not be able to fill a line position. In his case as an AGR, by applying the same instruction, it allows the Air Force Reserve Commander to usurp the promotion board's authority and keep people from wearing the promotion they have earned. The REAMO evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2003 | BC-2003-01073
Applicant states, in part, that he advised the South Carolina Adjutant General (SC AG) of an attempt by another officer in the SC ANG to subvert the AG’s express wishes by having himself (the other officer) assigned to the COS position in the SC ANG; he was asked by the AG to document, by memorandum, the conversation between the two, which he did; the memorandum “found its way to others” and he subsequently became the focus of an AF/IG investigation that eventually found that he had...
AF | BCMR | CY2012 | BC-2012-03031
JA states that based on the facts presented in the NGB opinions, JA finds their responses to be legally sufficient and concurs with the recommendations to deny the applicant's requests for corrective action related to ACP payments, Board# V0611A, AGR separation from ANG Selective Retention Review Board (SRRB) consideration, and TERA. Counsels complete response is at Exhibit N. _______________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: NGB/A1PF...
AF | BCMR | CY2009 | BC-2007-02503
________________________________________________________________ AIR FORCE EVALUATION: ARPC/JA recommends relief, and states, in part; the applicant suffered a downgraded EPR due to lack of training and lack of response from her supervisors or chain of command. The evidence of record clearly establishes that she was not being properly trained and that her chain-of-command was derelict in training her. At the request of the applicant’s counsel, the DoD/IG reexamined the documentation...
A complete copy of the Air Force evaluation is attached at Exhibit K. The Chief, Evaluation Programs Branch, AFPC/DPPPE, reviewed this application and states that although the applicant has provided support from the senior rater, she provide no support from the MLR president to warrant upgrading the PRF. After reviewing the evidence of record and noting the applicant’s contentions, the majority of the Board is not persuaded that the applicant’s records are either in error or unjust. The...
AF | BCMR | CY2011 | BC-2010-02704
AFRC/A1A recommends denial, indicating there is no basis to assume the applicant would have been selected for position vacancy promotion by the lieutenant colonel promotion board, or hired as an AGR. We note the applicant filed an IG complaint alleging, among other things, that members of his chain of command unfairly denied him the opportunity to apply for multiple AGR positions and damaged his reputation by providing negative references to potential employers in retaliation for his...
AF | BCMR | CY2004 | BC-2003-01871
Two of the members of a three-person ethics panel appointed to conduct an ethics review on him had already prejudged the case and/or had an obvious interest in supporting the IG’s conclusions. They also provide responses to each of the allegations made by the applicant. Again, other than his assertion, the applicant has not provided evidence to support this allegation.
AF | BCMR | CY2013 | BC-2012-03153
He be reinstated as an active member of the Air Force Reserve, effective 15 October 2010, with award of IDT points consistent with the average IDT points he earned between 1 March 2008 and 31 March 2010. In this respect, we believe the evidence provided makes it clear that a serious personality conflict existed between the applicant and certain members of his chain of command as validated by Inspector General (IG) complaints filed by his supervisory chain and the applicant himself, as well...
Her request for senior rater endorsement on the EPR should not be granted at this time. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluations and provides the wing commander’s concurrence of her request for senior rater indorsement. Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant amending the MSM citation to include...