RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02293
				INDEX CODE:   100.00
	APPLICANT	COUNSEL:  

	SSN		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was selected to attend an Intermediate Service School in residence when he was promoted to major/O-4.

In an addendum dated 16 Aug 01, the applicant further requests that his record be considered at a Special Selection Board (SSB) for consideration to attend Intermediate Service School in residence; and if his record is selected for an SSB that he be allowed to forward a letter (enclosed) to the Board President (Exhibit G).

In a second addendum, dated 20 Sep 01, the applicant requests that his record be corrected to reflect that:

     a.  He was selected by the promotion board as a candidate to attend ISS in residence without the burden of meeting an SSB.

     b.  He was nominated by his senior rater to meet a separate ISS selection board without the burden of meeting an SSB.

     c.  He met a separate ISS selection board and he was selected to attend ISS in residence.

     d.   He be granted a waiver from the "three year time limit" and he be allowed to attend ISS in residence in Aug 02 or he be granted an "Operational Deferment."

     e.  That he receive any and all other relief to which he is entitled by law or equity.

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APPLICANT CONTENDS THAT:

In Mar 00 he was passed over for promotion to lieutenant colonel/O-5.  He contacted AFPC promotions to inquire about his not being selected for promotion.  He was informed that due to the negative comments and remarks on his officer evaluation report (OER) by Capt ---. he was not selected for promotion.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

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

On 9 May 01, the Air Force Board for Correction of Military Records (AFBCMR) considered and by majority vote, denied the applicant's request to have his OER for the period of 3 Jun 85 through 12 Dec 85, be declared void and replaced with a reaccomplished OER; to be promoted to the grade of lieutenant colonel, to be effective with a date of rank in accordance with the Calendar Year (CY) 1999B Lieutenant Colonel Board; and that he be selected to attend Senior Service School (SSS) in residence and that he receive any and all other relief in law and in equity to which he may be entitled.  The Director, Air Force Review Boards Agency, agreed with the minority member and directed that the applicant's records be corrected to reflect that the OER rendered for the period 3 Jun 85 through 12 Dec 85, be declared void and removed from his records and replaced with a reaccomplished OER rendered for the same period 3 Jun 85 through 12 Dec 85, which reflects in Section III, Performance Factors, a rating of "1."  It was further directed that a Special Selection Board (SSB) consider the applicant for promotion to the grade of lieutenant colonel for the CY 1999B Lieutenant Colonel Board, and for any subsequent boards in which the above corrections were not a matter of records.  Further, if the applicant was selected for promotion to lieutenant colonel that he be considered for Senior Service School in-residence.  A complete copy of the Records of Proceedings is attached at Exhibit B.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

The AFPC/DPAP states that promotion boards do not select officers to attend ISS in-residence; they only determine which promotees will be candidates for ISS.  ISS candidacy only indicates that the promotee is in the top 20-25 percent of his year group.  Being nominated for an ISS candidacy does not guarantee in-residence ISS attendance.  The senior rater may or may not elect to nominate a candidate or non-candidate to an ISS Selection Board.  The ISS Selection Board will only consider those candidates and non-candidates that have been nominated by their senior raters.  DPAP recommends denying the applicant's request based on the established selection procedures of ISS.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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ADDITIONAL AIR FORCE EVALUATION:

After reviewing the additional two addendums to the applicant's application, AFPC/DPAP states that selection to attend ISS is a 3-step process:

     a.  Only the top 20% of majors are selected by the Central Major promotion board as major selectees for ISS candidates.

     b.  Senior raters may nominate some, all, or none of their candidates and a very limited number of noncandidates to the ISS selection board.

     c.  The ISS selection board considers nominated candidates and noncandidates for selection to attend PME in-residence.  The board does not consider officers who were not nominated by their senior raters.

Additionally, selection by the Central Major Board does not guarantee ISS in-residence attendance.  AFPC/DPAP further states that it is a 70% opportunity rated for candidates to actually attend ISS over the course of 3 years of eligibility.

Based on the information above they recommend not granting the requested relief (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states the applicant's early career was irreparably damaged by the negative remarks of the OER; thus eliminating him from selection for career enhancing positions and advanced educational opportunities.  The OER was attributable in his nonselection to Captain.  The negative report was a key factor in the applicant's not being nominated or selected as a candidate to attend ISS (Exhibit G).

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  The applicant contends that the OER closing 12 Jun 85, which has now been voided and reaccomplished, served as the basis for his non-selection for ISS candidacy.  However, we note that despite this same OER, he was selected for promotion to the grade of major.  Therefore, the applicant has not established to our satisfaction that this OER was the sole basis for his not being nominated as an ISS candidate.  Further, we find no evidence that had he been selected as a candidate that his senior rater would have recommended him to the ISS Selection Board.  In fact, even if he had not been selected as an ISS candidate by the Major's Board his senior rater could have recommended him as a non-candidate to the ISS Selection Board.  In this respect, a promotion board does not determine selection to attend ISS in residence if promoted to major.  Rather, promotion boards only determine which promotees will be candidates and candidacy only indicates that the promotee is in the top 20-25 percent of his/her year group.  Further, it is at the senior rater's discretion to nominate or not nominate a candidate/non-candidate for ISS.  The ISS selection board only considers candidates and non-candidates that were nominated by their senior rater.  Further, selection as a candidate for ISS does not guarantee in-residence attendance.  Therefore, in the absence of clear-cut evidence that he would have been a selectee for ISS, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 12 December 2001, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Jul 01, w/atchs.
	Exhibit B.	Record of Proceedings, dated 13 Jun 01.
	Exhibit C.	Letter, HQ AFPC/DPAP, dated 21 Aug 01.
	Exhibit D.	Letter, SAF/MIBR, dated 31 Aug 01.
	Exhibit E.	Letter, HQ AFPC/DPAP, dated 30 Oct 01.
	Exhibit F.	Letter, SAF/MIBR, dated 5 Nov 01.
	Exhibit G.	Counsel's Response, dated 29 Nov 01.