RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00087
		(CASE 5)
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be provided Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel by the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board, which convened on 28 Nov 00.

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APPLICANT CONTENDS THAT:

The CY00A Lieutenant Colonel Board did not have access to all the pertinent information necessary to properly consider his records.  Without this information, the Board could not properly apply the promotion criteria and the “whole person” concept as described in AFP 36-2506.  The absence of this information also placed him at a competitive disadvantage in comparison to his peers.  Consequently, he did not receive a fair and equitable consideration for promotion.

In support of his appeal, the applicant provided an expanded statement and other documents associated with the matter under review, to include his appeal application under the provisions of AFI 36-2401 and documentation pertaining to a previous Board decision.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of major, having been promoted to that grade on 1 Nov 93.  His Total Active Federal Military Service Date (TAFMSD) is 6 Jan 81.

Applicant's Officer Performance Report (OPR) profile since 1989 follows:

	PERIOD ENDING	EVALUATION

	21 Jan 89			Meets Standards
	31 Jul 89			Meets Standards
	31 Jul 90			Meets Standards
	 2 May 91			Meets Standards
	 2 May 92			Meets Standards
	 2 May 93			Meets Standards
	 2 May 94			Meets Standards
	23 Feb 00		   Reports Not Available
 #   21 Sep 00			Training Report
##   11 Jul 01			Training Report

 # Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY00A (28 Nov 00) Lieutenant Colonel Board.

## Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY01B (5 Nov 01) Lieutenant Colonel Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO noted that the applicant was not selected for promotion to the grade of major by the selection boards in 1992 and 1993, and was subsequently involuntarily separated in 1994.  Due to the May 98 Air Combat Command (ACC)-directed review of the promotion recommendation process between the years of 1989 and 1993, the applicant was granted SSB consideration for the CY92C Major Board, which convened on 7 Dec 92.  He was selected for promotion to the grade of major and came back on active duty with a date of rank of 1 Nov 93.

AFPC/DPPPO further noted the AFBCMR has occasionally recommended that an applicant’s nonselections be voided until he receives at least two officer performance reports (OPRs) to demonstrate performance and potential.  AFPC/DPPPO indicated that since, in this case, the involuntary separation and subsequent return to active duty may have been caused by the promotion recommendation process, and the applicant has only two training reports, but no OPRs as of yet, they would have no objection if the AFBCMR were to grant the same sort of relief.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that he appreciated the recommendation to void his nonselections until he has received at least two OPRs.  He is not certain if this would make much difference for future promotion boards.  His first OPR since returning to active duty closes on 11 Jul 02.  This will cover his duties as a crewmember and staff member in the squadron for the past year.  Based on the results of the past few years, the likelihood or opportunity to make lieutenant colonel as a crewmember in a flying squadron appears to be very limited, if not nonexistent.  The feedback he has received indicated he will need to find a “more promotable job” at the wing level if he hopes to even have a chance at promotion.  This leaves him about a year to demonstrate his performance and potential in a different position.  Although he would have an opportunity to enhance his record, this would still not alleviate the existing gap of almost six years.  This void would still place him at a competitive disadvantage when comparing his records with those of his peers, especially in the aspects of depth and breadth of experience.

Applicant’s complete response, with attachments, is at 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Having carefully reviewed this application, we are sufficiently persuaded that the applicant has sustained his burden that he has been the victim of an error or an injustice.  The evidence of record indicates that the applicant was considered and nonselected for promotion to the grade of major by the CY92C and CY93C Central Major Boards, resulting in his involuntary separation in 1994.  He was subsequently selected for promotion to the grade of major by an SSB and reinstated to active duty.  He has since been twice nonselected for promotion to the grade of lieutenant colonel with only two training reports in his records.  In our view, the applicant was not given the opportunity to compete for promotion to the grade of lieutenant colonel on a fair and equitable basis because he was not allowed to build a sufficient record of performance as a major prior to his considerations for promotion to the grade of lieutenant colonel.  Therefore, notwithstanding the applicant’s request for an SSB, we believe proper and fitting relief in this case would be to set aside any nonselections for promotion to the grade of lieutenant colonel prior to the applicant receiving a minimum of two OPRs in the grade of major with at least 250 days of supervision, and so recommend.

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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 any nonselections for promotion to the grade of lieutenant colonel prior to receiving a minimum of two Officer Performance Reports (OPRs) with at least 250 days of supervision, in the grade of major, be set aside.

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The following members of the Board considered AFBCMR Docket Number 02-00087 in Executive Session on 9 May 02, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 11 Feb 02.
     Exhibit D.  Letter, SAF/MRBR, dated 22 Feb 02.
     Exhibit E.  Letter, applicant, dated 19 Mar 02, w/atchs.