RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00323
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. His Narrative-only Performance Recommendation Form (N-O PRF)
rendered for the Calendar Year 2013A (CY13A) Line of the Air
Force (LAF) Lieutenant Colonel (Lt Col) Central Selection Board
(CSB) (PO513A) be removed from his record and replaced with the
revised version he provided.
2. He be granted a Supplemental Air Force Student Management
Level Review (MLR) for PO513A to re-compete for a Definitely
Promote promotion recommendation utilizing the revised N-O PRF.
3. He be provided Special Selection Board (SSB) consideration
for the PO513A CSB utilizing the revised N-O PRF.
APPLICANT CONTENDS THAT:
Due to a 100 percent turnover in the Air Combat Command (ACC)
Commanders Action Group (CAG) and his senior rater being on
Temporary Duty (TDY) assignment while the applicant was PCSing,
his N-0 PRF contained multiple errors which unjustly resulted in
his receiving a promotion recommendation of P at the Air Force
Student MLR and not being selected for promotion to the grade of
Lt Col on the PO513A CSB. He was not allowed to out-process
from Langley AFB, VA until a signed N-O PRF was completed for
the PO513A CSB, and his senior rater, the ACC Commander, was TDY
at that time, so his senior rater approved the signature of his
N-O PRF without ever having seen or reviewed the document. His
end of tour decoration and Officer Performance Report (OPR) were
not completed until after his N-O PRF was signed. The N-O PRF
contained various material errors: the stratification statement
of #2/245 HQ ACC Majs should have read #2/248 HQ ACC Majs;
the stratification line #1/12 was used twice, and Company
Grade Officer of the Year (CGOY) lines were used multiple times;
substantive performance from his record should have been
included on the PRF, but was not; and, data contained in his
final OPR and decoration should have been considered for
inclusion in his PRF. His senior rater agreed the N-O PRF was
not an accurate portrayal of his record of performance, and
stated that he would not have approved the PRF had he seen it.
The ACC/CC personally revised the applicants PRF and agreed the
applicant should be provided consideration at a supplemental
MLR.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
In Jun 12, prior to the applicant departing his assignment in
the ACC CAG at Langley AFB, VA to attend Intermediate
Developmental Education (IDE) in-residence, ACC/CC signed a N-O
PRF on the applicant for use in an Air Force Student MLR
scheduled to meet from 8 to 10 Jan 13. The N-O PRF, with the Air
Force Student MLR assigned recommendation of Definitely
Promote, Promote, or Do Not Promote This Board, would be
utilized on the PO513A CSB. In addition, the N-O PRF would
remain in his record and be reused if a second MLR/CSB occurred
while he was still in student status.
On 15 Jun 12, the applicant was awarded the Meritorious Service
Medal First Oak Leaf Cluster for his outstanding service during
the period 6 Jun 08 through 27 Jun 12.
On 9 Jul 12, the applicant received an Officer Performance
Report (OPR) covering the period 16 Jan 12 through 1 Jun 12.
On 11 Jan 13, the President of the Air Force Student MLR
notified the applicant he received an overall promotion
recommendation of Promote or P on his N-O PRF from the AF
Student MLR, which would be used on the P0513A CSB scheduled for
18 Mar 13. The P0513A CSB was the applicants second below-the-
primary zone (BPZ) Lt Col selection board. The applicant was
not selected for BPZ promotion on the P0513A board.
On 26 Aug 13, the applicant applied to the Evaluation Review
Appeals Board (ERAB) for approval to replace the N-O PRF he
received in Jun 12 with an updated version. His application
contained a memorandum signed by ACC/CC noting the substantive
omissions from the applicants original N-O PRF, forwarding a
corrected version, and asking that the original N-O PRF be
replaced with the updated version. The ERAB determined there
was no error or injustice and denied the request.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits
C and D.
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial of the applicants request for SSB
consideration, indicating there is no evidence of an error or an
injustice. The applicant was not selected for BPZ by the
PO513A CSB. Based upon AFPC/DPSIDs recommendation to deny the
applicants request to remove and replace his current N-O PRF
with a revised version for reconsideration on a supplemental
PO513A CSB, his request for SSB consideration should be denied.
The applicant has not provided compelling evidence to show the
report was unjust or inaccurate at the time it was written.
A complete copy of the AFPC/DPSOO evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicants request to
remove his N-O PRF for the PO513A CSB and replace it with an
updated version, indicating there is no evidence of an error or
an injustice. The applicant did file an appeal through the
ERAB, however, the ERAB denied the applicants request because
it was not convinced an error or injustice had occurred. After
a thorough review of all the supporting documentation presented
to the ERAB and the BCMR, all the information the applicant is
requesting be added to his PRF was available to the Senior Rater
for review prior to the N-O PRF being written. The applicant
states he was unable to out-process from his base until a stand-
alone N-O PRF was completed, confirming he was in receipt of the
N-O PRF from the Senior Rater when he departed in Jun 12. At
least six months passed before the Air Force MLR convened on
8 Jan 13, and another two months passed prior to the PO513A CSB
convening on 18 Mar 13. If the applicant had requested a
correction to his N-O PRF in a timely manner, and his senior
rater concurred, it would have been corrected prior to the Air
Force Student MLR. However, there is insufficient evidence to
show the applicant took any action to have his N-O PRF corrected
prior to the CSB. Further, the PO513A CSB reviewed the
applicants entire record, to include all the information the
applicant is now seeking to have added to this N-O PRF.
Moreover, the fact the applicant was not selected for promotion
BPZ by the PO513A CSB is a very strong motivator to request the
N-O PRF be rewritten and to seek reconsideration. However, the
applicant did not exercise due diligence in ensuring any
perceived mistakes on the N-O PRF for the PO513A CSB were
addressed with his Senior Rater prior to the Air Force Student
MLR or the CSB. The applicant has since had his N-O PRF
updated. Finally, an evaluation report is considered to
represent the rating chains best judgment at the time it is
rendered. Once a file is accepted for record, only strong
evidence to the contrary warrants correction or removal from the
record. The applicant has not substantiated the contested
report was rendered in error or constituted an injustice.
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 Jul 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of AFPC/DPSID and adopt their rationale as the
basis for our conclusion the applicant has not been the victim
of an error of injustice. While the Board notes the applicants
letter of support from the ACC/CC, we believe it would be
inappropriate for the Board to grant the applicant a
supplemental Student MLR when he had ample opportunity and the
personal responsibility to request any necessary corrections to
his N-O PRF prior to the Student MLR. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend
granting the requested relief.
4. 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-00323 in Executive Session on 22 Jan 15 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2014-00323 was considered:
Exhibit A. DD Form 149, dated 22 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOO, dated 2 May 14.
Exhibit D. Memorandum, AFPC/DPSID, dated 20 May 14.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
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