RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02299
		INDEX CODE:  111.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His recent AF Form 709, Promotion Recommendation Form (PRF), be removed from his records.  

2.  His AF Form 475, Education/Training Report (TR), for the period 1 July 1999 through 31 December 1999 be removed from his records.  

3.  He be promoted to major based on his AF Form 707B, Officer Performance Report (OPR), for the period 2 February 2000 through 1 February 2001.

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APPLICANT CONTENDS THAT:

He has always met Air Force weight standards; therefore, the contested TR and PRF referencing him not meeting weight standards are inaccurate.  The contested TR for the period 1 July 1999 through 31 December 1999 contains an inaccurate statement with regard to “failure to go.”  The “failure to go” incident was rescinded after he presented his quarters slip to the Squadron Commander.  The TR is based on inaccurate information because it includes 6 ½ months that he did not serve under the evaluator.  His PRF that met the promotion board contained gross inaccuracies to include “weight management” issues and “failure to go.” 

Without a doubt he has always been well respected throughout Wilford Hall with regard to his clinical acumen.  During his tenure in the ER, he has often needed to act rapidly, with efficiency and to be able to rapidly assess the extent of a patient’s injury.  His clinical acumen has been well documented by letters of support which further elaborate on situations in which his diagnostic ability was nothing less than outstanding.  

In support of his request, applicant provides a copy of the contested PRF, TRs, his rebuttal to the contested TR, an OPR for the period 2 February 2000 through 1 February 2001, character reference letters, and a copy of his case study involving complications of Nonoperative and Operative Management.  

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

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STATEMENT OF FACTS:

Data extracted from the personnel data system reveals that the applicant was appointed a second lieutenant, Reserve of the Air Force on 5 April 1990.  Applicant participated in the HPSP program from 5 April 1990 through 20 April 1995.  On 22 April 1995, applicant was appointed a captain Reserve of the Air Force (Medical Corps) and was voluntarily ordered to extended active duty on 9 December 1997.  Following his appointment, his record indicates he received four (4) AF Form 475, Education/Training Reports documenting his Orthopedic Surgery Residency Training Program for the periods ending 30 June 1998, 30 June 1999, 31 December 1999 and 1 February 2000 respectively.  

He was considered and not selected for promotion to the grade of major by the M0499A and M0400A central selection boards which convened on 8 November 1999 and 6 November 2000 respectively.  

On 17 July 2001, the Office of the Secretary of the Air Force approved the applicant’s temporary retirement from the Air Force because of physical disability due to bipolar disorder with a compensable physical disability percentage of 70 percent. 

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AIR FORCE EVALUATION:

AFPC/DPPP recommends the application be partially granted.  DPPP states that the applicant provided a rebuttal to the referral comments in the TR for the period 1 July 1999 through 31 December 1999.  As a result of the applicant’s rebuttal the TR was corrected but was never filed in the OSR.  DPPP states that the applicant was given a “Do Not Promote” as a result of the referral comments contained in the TR ending 31 December 1999.  However, a PRF was not required due to the promotion rates being 100 percent.  DPPP states that the statement provided by the command support staff regarding the applicant’s Air Force Weight Standards does not prove that he did not have a weight problem.  The applicant has not provided evidence from any other source that would indicate he did not have weight maintenance problems.  Additionally, he has not provided a statement from the squadron commander or any other evidence to show the “failure to go” was dismissed.  

DPPP recommends that the TR ending 1 February 2000 be substituted for the TR ending 31 December 1999.  However, the PRF is correct as written (see Exhibit C).

AFPC/DPPPO recommends the application be partially granted and concurs with DPPP’s recommendation.  DPPPO states that the applicant sent a letter to the CY00A central major board containing an explanation and support for his contention that his TR for the period 1 July 1999 through 31 December 1999 was not filed correctly.  Therefore, an SSB consideration is not warranted for that board (see Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant for review and response.  As of this date, no response has been received by this office (Exhibit E).   

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice with respect to the removal of the Promotion Recommendation Form (PRF) and the referral Education/Training Report (TR) for the period 1 July 1999 through 31 December 1999.  Through no fault of the applicant, his record was incorrect at the time he was considered by the CY00A central major selection board in that the reaccomplished TR for the period 1 July 1999 through 1 February 2000 was not in his selection record.  The Board notes that the evidence provided clearly indicates that a PRF was not required due to the promotion rates being 100 percent; however, due to the referral TR a referral PRF was accomplished and filed in his selection record, thus creating an inaccurate assessment of his record.  Therefore, we believe that the contested PRF should be removed from his records.  While we note that the applicant requests removal of the referral TR in its entirety, we are in agreement with the recommendation of the Air Force office, AFPC/DPPP, that the TR should be replaced with the reaccomplished TR and do so recommend.  

4.  In view of the above, it is the Board’s majority opinion that his record as presented before the central major selection board in question deprived him of fair and equitable consideration.  While the applicant desires a promotion to major based on his AF Form 707B, Officer Performance Report, for the period 2 February 2000 through 1 February 2001, the Board majority is not inclined to favorably consider this venue without using the Special Selection Board.  Therefore, the Board majority recommends the applicant’s corrected record, be considered for promotion to the grade of major by a Special Selection 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:

		a.  The Promotion Recommendation Form, AF Form 709, rendered for the (M0400A) major central selection board, be, declared void and removed from his records.

		b.  The Education/Training Report, AF Form 475, rendered for the period 1 July 1999 to 31 December 1999 be, declared void and removed from his records.

		c.  A reaccomplished Education/Training Report, AF Form 475, rendered for the period 1 July 1999 through 1 February 2000, was accepted for file in his Officer Selection Record on or before 5 November 2000.

	It is further recommended that he be considered for promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year 2000A (CY00A)Central Major Selection Board.

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The following members of the Board considered this application in Executive Session on 6 March 2002, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

Mr XXXX voted to correct the records as recommended. Mr XXXX voted to deny the applicant’s request for an SSB and elected not to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 28 Nov 01.
     Exhibit D.  Letter, AFPC/DPPPO, dated 28 Nov 01.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 01.

					

AFBCMR 01-02299

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                                         , be corrected to show that:

		a.  The Promotion Recommendation Form, AF Form 709, prepared for consideration by the Calendar Year (CY) 2000A central major selection board, be, and hereby is, declared void and removed from his records.

		b.  The Education/Training Report, AF Form 475, rendered for the period 1 July 1999 to 31 December 1999, be, and hereby is, declared void and removed from his records.

		c.  The attached reaccomplished Education/Training Report, AF Form 475, rendered for the period 1July 1999 to 1 February 2000, was accepted for file in his Officer Selection Record on or before 5 November 2000.

	It is further directed that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the Calendar Year 2000A (CY00A) Central Major Selection Board.

Attachment:
AF Form 475