RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-01225
		INDEX CODE 131.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	The 11th Wing Management Level Review (MLR) process be modified to allow senior rater involvement.

2.	His record, to include a reaccomplished Promotion Recommendation Form (PRF), be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board, and if selected, he receive a date of rank (DOR), pay, and benefits retroactive to the CY00A board.

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THE APPLICANT CONTENDS THAT:

He was denied fair consideration for a “Definitely Promote (DP)” recommendation during the 11th Wing MLR process which directly resulted in his promotion nonselection.

The applicant states that since the MLR process did not allow direct participation by his senior rater, his chances of receiving a “Definitely Promote (DP)” recommendation were significantly degraded.  He would have received a DP recommendation had his senior rater been allowed to participate in the MLR process.  Ordinarily MLRs make provisions for senior rater involvement, either by the rater themselves or a duly appointed representative.  Due to the highly classified and sensitive nature of his current duties at the White House, the direct involvement of his senior rater was even more paramount to ensure fair consideration.  His senior rater attempted to submit a letter to the MLR board president; however, he believes the letter was not seen at the board.  The senior rater attempted to significantly reword the PRF to send a clear positive DP message to the board; however, the 11th Wing insisted that only minor changes would be supported.

In support of the appeal, applicant submits a copy of the PRF prepared for the CY00A board, a revised PRF and statements from the senior rater and his supervisor.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

The applicant was considered in-the-promotion-zone (IPZ) and not selected by the CY00A Lt Col Board that convened on 28 November 2000.  The applicant received an overall promotion recommendation of “Promote (P)” on the PRF prepared for the CY00A board.

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AIR FORCE EVALUATIONS:

AFPC/DPPPE recommends the application be denied.  AFPC/DPPPE states that the 11th Wing acts as the Management Level (ML) for officers that do not fall within the jurisdiction of an ML.  The MLR members consist of the Vice Chief of Staff, or an officer designated by the Chief of Staff and four members with the minimum grade to serve as senior rater.  The records of performance of the eligible officers are evaluated to determined who will receive “DP” and “Promote (P)” recommendations.  The PRF is specifically designed to allow a senior rater to communicate his/her recommendations and opinions to both the MLR and the central selection board.  In the USAF MLR process, no other communication from any senior rater is authorized.  Although the applicant contends his senior rater was not allowed to significantly reword his PRF, the 11th Wing Chief of Personnel Programs Branch refutes this assertion, noting that changes were made to the PRF as requested.  While the MLR president and senior rater have recommended approval of the PRF change, there is no material error that has been discovered in the writing or processing of the PRF.  The applicant competed for a DP recommendation on an even playing field against all other eligible officers who competed at the USAF MLR.  Furthermore, appeals to rewrite Section IV, Promotion Recommendation, simply to include different, but previously known or documented accomplishments, will not be approved and should not be approved solely on the retrospective discovery that they could have been worded more strongly.

The AFPC/DPPPE evaluation, with attachment, is at Exhibit C.

AFPC/DPPPOO recommends the application be denied.  AFPC/DPPPOO states that Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  The senior rater and MLR president have failed to demonstrate a material error occurred on the PRF, a material error in the record of performance occurred that impacted the content of the PRF, or that the process used to prepare the PRF was flawed.

The AFPC/DPPPOO evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states that other than officers in formal school status who do not have senior raters, all other officers are represented by their senior raters at an MLR.  As such, contrary to the Air Force assertion, he did not compete for a DP recommendation on an even playing field.  There is no prohibition against a senior rater communicating with the MLR as is the case in a central selection board.  One of the cornerstones of the current officer promotion system is the direct involvement of the senior rater in the promotion recommendation process.  Changes to Section IV (Promotion Recommendation) of the PRF requires the concurrence of both the senior rater and the MLR president.  In addition, the senior rater must demonstrate there was a material error in the PRF.  Based on the MLR president’s approval of the changes to the revised PRF, clearly a material error has been demonstrated.  

In further support of the appeal, applicant submits an additional statement from his supervisor.

The applicant’s complete response, with attachment, is at Exhibit F.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant providing the applicant Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the CY00A board, with inclusion of the reaccomplished PRF.  In this respect, we note that subsequent to the 11th Wing Management Level Review (MLR), the senior rater attempted to rewrite the applicant’s PRF; however, the 11th Wing only allowed minor changes.  The applicant contends that he was denied fair consideration for a DP during the 11th Wing MLR process; however, we find insufficient evidence that he was treated any differently than other officers similarly situated.  In addition, we find no evidence that the 11th Wing MLR process was not conducted in accordance with established procedures.  The applicant’s supervisor states that the modifications made to the PRF after the 11th Wing MLR were based on the assumption that the revised PRF would be reconsidered by the MLR President for an unrestricted DP; however, the MLR President approved the revised PRF without changing the overall recommendation of “Promote,” and forwarded it to the central selection board.  The senior rater has provided a reaccomplished PRF for consideration by an SSB.  In view of this, we recommend the PRF prepared for the CY00A board be removed from his records and replaced with the reaccomplished PRF.  Furthermore, we recommend his corrected record be considered for promotion by an SSB for the CY00A board.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, be declared void and removed from his records and the reaccomplished PRF be accepted for file in its place.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, with inclusion of the reaccomplished PRF.

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The following members of the Board considered this application in Executive Session on 16 October 2001, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 3 Aug 01, w/atch.
    Exhibit D.  Letter, AFPC/DPPPOO, dated 20 Aug 01.
	Exhibit E.  Letter, SAF/MIBR, dated 31 Aug 01.
	Exhibit F.  Letter, Applicant, dated 21 Sep 01, w/atch.

                                   
                                   Panel Chair

AFBCMR 01-01225

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, be, and hereby is, declared void and removed from his records and the reaccomplished PRF be accepted for file in its place.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, with inclusion of the reaccomplished PRF.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency

Attachment:
Reaccomplished PRF