RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01148
		INDEX CODE 111.01
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The AF Form 77, Supplemental Evaluation Sheet, currently in his records for the period 26 Feb 98 through 7 Nov 00, be replaced with one written by his commander or, in the alternative, his period of retirement be reclassified as Education with Industry (EWI) so that his commander could base his assessment on comments provided by past employers.

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APPLICANT CONTENDS THAT:

A previous BCMR action returned him to active duty in Nov 00. Had he been allowed to remain on active duty, he would have received two additional Officer Performance Reports (OPRs). However, because of the absence of reports covering the period 26 Feb 98 through 7 Nov 00, he has a limited record of service as a major. The AF Form 77 currently in his records does not afford him a fair opportunity to compete for promotion to lieutenant colonel. Also, he was not competitive for a supplemental school candidate slot due to his time in grade and his sparse records. Since the Board specified he had been the victim of an error/injustice, an appraisal covering this period should be added to his record to make him whole. He and his current commander maintained personal contact during the timeframe in question so he was aware of his [the applicant’s] work activities.

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

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STATEMENT OF FACTS:

In Feb 98, the applicant was diagnosed with Crohn’s disease. While awaiting Medical Evaluation Board (MEB) review, he was advised to file for a 15-year retirement under the Temporary Early Retirement Authority (TERA) rather than risk almost certain medical discharge. He was further advised that his retirement action would not be visible to the Calendar Year 1998B (CY98B) Major Selection Board and, if selected, he would have a 10-day option to withdraw his retirement request. His request to retire on 1 Sep 98 under TERA was approved on 27 Mar 98, six days before the board convened. His Promotion Recommendation Form (PRF) for the CY98B board had an overall recommendation of “Definitely Promote.” The top report covered the period from 26 Feb 97 through 25 Feb 98.  When the selection board convened on 6 Apr 08, it was aware of his 1 Sep 98 retirement date. The applicant was not selected. On 9 Apr 98, he was medically cleared to return to duty. He retired on 1 Sep 98 in the grade of captain under the provisions of TERA.

He successfully appealed his nonselection and on 15 May 00 a Special Selection Board (SSB) for the CY98B board selected him for promotion to major with a date of rank (DOR) of 1 Feb 99.  Pursuant to the recommendations of the Air Force, the Board directed the applicant’s records reflect he was not retired on 1 Sep 98 but was continued on active duty.  As a result, an AF Form 77 was placed in his Officer Selection Record (OSR) indicating that reports for the period 26 Feb 98 through 7 Nov 00 were “not available for administrative reasons which were not the fault of the member.” 

A copy of AFBCMR Docket No. 00-00175 is at Exhibit C.

The applicant was considered below-the-promotion zone (BPZ) by the CY01B Central Lieutenant Colonel Selection Board, which convened on 5 Nov 01. However, he was not selected. The applicant had one OPR as a major covering the period 8 Nov 00 through 7 Mar 01; it was the top report reviewed by the selection board. The commander the applicant refers to in his appeal was the reviewer of that report. The Promotion Recommendation Form (PRF) for this board had an overall recommendation of “Promote.” 

The personnel database indicates that since the CY01B board the applicant has received another OPR closing 7 Mar 02.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPE contends the Air Force evaluation system is not designed, not should it be, to document an individual’s accomplishments as a civilian with no direct military supervision during the time in question. The appropriate documentation for the applicant’s “time-off” is a letter from him to the selection board, with any permissible attachments, explaining his absence and attesting to his accomplishments while not on active duty. It is inappropriate to have his commander perform that function. DPPPE asserts the applicant’s contentions that his records are less competitive than his peers due to the AF Form 77 is without merit.  The preparation of the AF Form 77 was in accordance with AFI 36-2406 and therefore is not erroneous or unjust. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPPO concurs with DPPPE, has nothing further to add and recommends that SSB consideration be denied.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 21 Jun 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that his commander should rewrite the contested AF Form 77 or that his break in service should be reclassified as EWI. In this regard, the Air Force evaluation system does not document an individual’s accomplishments as a civilian with no direct military supervision. The AF Form 77 explains that the lack of OPRs during the pertinent period was not the fault of the applicant. This is in accordance with standard procedure and the applicant has not been treated any differently than others reinstated after a break in service. We note the applicant was considered BPZ by the CY01B board and has since acquired another performance report as a major. If he remains concerned, the applicant himself can provide a letter to the next promotion board, as he could have done for the CY01B board, explaining his absence and highlighting his “civilian” accomplishments. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to demonstrate he suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 3 September 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01148 was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Case File, AFBCMR Docket No. 00-00175.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 11 Jun 02.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 11 Jun 02.
   Exhibit F.  Letter, SAF/MRBR, dated 21 Jun 02.