RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01858
		INDEX CODE 131.01
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Academic Education section in the Officer Selection Brief (OSB) for the Calendar Year 2001A (CY01A) central colonel selection board be updated to reflect completion of the Advanced Education in General Dentistry II (AEGDII) residency; information in the Memorandum of Instruction (MOI) pertaining to clinical proficiency to the selection board be suppressed; and he be afforded Special Selection Board (SSB) consideration.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The ambiguity of the criteria issued in the information included in the pre-selection brief resulted in his residency not being included on his OSB. Had the pre-selection brief provided criteria that included his residency training, the field would have been updated. Even though his record clearly indicates completion of this training, the board, relying on secondary discriminators, may have assumed he did not care enough to update this section. He wants to level the playing field by including this training on his OSB. Further, the MOI is in direct opposition to current regulations, policies and instructions. The clear thread though all of the policies and guidance is that leadership or managerial skills should be weighed the same as clinical proficiency. The MOI directs that the board will consider clinical proficiency and skill as a health professional to be the single most important consideration in selection for promotion through colonel. An inherent inequity was created when a change in the criteria for promotion occurred without opportunity for those being considered for promotion to adjust to the change. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was promoted to the grade of lieutenant colonel on 2 Jun 96.  He was considered but not selected by the CY01A colonel selection board, which convened on 22 Oct 01. The Promotion Recommendation Form (PRF) has an overall recommendation of “Promote.” His performance in and completion of the two-year AEGD program is reflected in AF Forms 475 contained in his selection folder.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPMAF2 notes that completion of the applicant’s AEGDII residency was not indicated on the OSB at the time the board met. Per the instruction provided, this training does not fall under any of the categories listed under Academic Education on the OSB and therefore would not be listed. Per the Chief, Dental Corps Utilization and Education Branch, HQ AFPC/DPAMD, the board would have been aware of the training even thought it wasn’t listed on the OSB. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPB asserts the MOI is written in full compliance with Title 10, USC, Chapter 36, and DOD Instruction 1320.14. The authority to change the MOI is outside the scope of this office and the AFPC, as the Secretary of the Air Force is the only person who is authorized to furnish written guidance to the board.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPPO concurs with the DPMAF2 and DPPB advisories and has nothing further to add. Since DPMAF2 recommends disapproval regarding the applicant’s request to update his advanced education on his OSB, SSB consideration is not warranted. Recommend SSB consideration be denied.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 22 Nov 02 for review and comment within 30 days.  As of this date, this office has received no response. 

_________________________________________________________________

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 SSB consideration is warranted with an amended OSB. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Completion of AEGDII residency does not fall under any of the categories listed under Academic Education on the OSB. Nevertheless, the applicant’s training was indicated on the AF Forms 475 contained in his selection folder; therefore, the information was available to the selection board members. The applicant has not shown the MOI during the contested time period was not in compliance with statute or governing directive, or that the Secretary of the Air Force’s written guidance to promotion boards was unauthorized or the cause of his nonselection. We therefore adopt the Air Force’s rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude this appeal should be denied.  
_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 11 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01858 was considered:

   Exhibit A.  DD Form 149, dated 23 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPMAF2, dated 3 Jul 02.
   Exhibit D.  Letter, HQ AFPC/DPPB, dated 7 Aug 02.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 18 Nov 02.
   Exhibit F.  Letter, SAF/MRBR, dated 22 Nov 02.

                                   Panel Chair