RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02039
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of lieutenant colonel by the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board be deleted from his records.

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APPLICANT CONTENDS THAT:

As a Reservist on a limited period recall to active duty, his records prominently displayed a date of separation (his end of tour date).  He believes this strongly prejudiced the board members to not “waste” a promotion on an individual who had other plans.  Furthermore, as a Reservist his date of rank was earlier than his IPZ peers, implying he had been previously non-selected for promotion.  Although he wrote a letter to the board to clarify these points, he believes these glaring marks left a much stronger impression on board members.  He has since been selected for indefinite active duty and is deeply committed to the Air Force.

The applicant provided no evidence in support of his appeal.  Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 13 July 1998 under the Limited Period Recall Program (LPRP).  His date of rank to major is 14 May 1996.

On 3 January 2001, the applicant submitted an application requesting that his nonselection from the CY99B Lieutenant Colonel Central Selection Board be removed.  On 21 March 2001, the Board considered and directed that the pertinent military records of the Department of the Air Force relating to the applicant be corrected to show that he was not considered for promotion by the Calendar Year 1999B Lieutenant Colonel Central Selection Board which convened on 28 August 2000.  They further directed, if he was considered and nonselected for promotion to the grade of lieutenant colonel prior to receiving three active duty Officer Performance Reports (OPRs) in the grade of major and completion of Intermediate Service School (ISS), the nonselections, would be set aside.

The applicant received his third active duty OPR on 12 July 2001 and completed ISS in 2000.  

Applicant’s Officer Performance Reports (OPRs) from 1991 through 2001 reflect meets standards on all performance factors.

Applicant was considered and not selected by the CY01B Lieutenant Colonel Central Selection Board, which convened on 5 November 2001.  Applicant was considered by the CY02A Lieutenant Colonel Central Selection Board, which convened on 12 November 2002, however, the results are not known.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends disapproval.  Prior to March 1999, Reserve officers entering active duty under the LPRP were counseled they would not be eligible for promotion (active duty or reserve) while on the LPRP.  When reviewing the LPRP as a possible solution for the rated staff shortages, a legal review resulted in an opinion there was no legal basis for excluding these officers from active duty promotion boards.  As a result, the applicant became immediately eligible for promotion to lieutenant colonel.

On 21 April 2000, applicant was advised of the change to promotion eligibility for officers on the LPRP.  Applicant was provided the option of curtailing his EAD tour or continuing on EAD and meeting an active duty promotion board.  On 8 May 2000, applicant elected to continue on active duty and understood that he would be considered for promotion by active duty promotion boards.  Applicant also requested to meet all boards he had missed since being on active duty.  Applicant was scheduled to meet a Special Selection Board for the CY99B Lieutenant Colonel Board (30 November 1999) as an IPZ candidate and also became eligible for the CY00 Lieutenant Colonel Board as an IPZ candidate.

On 3 January 2001, applicant applied through the AFBCMR to have his nonselection from the CY99B Lieutenant Colonel board removed.  This action was based on the applicant being forced to meet an active duty board with one active duty report and non-completion of ISS.  On 21 March 2001, the applicant’s request was approved (AFBCMR 01-00739).  The AFBCMR further directed, if he was considered and nonselected for promotion to the grade of lieutenant colonel prior to receiving three active duty OPRs in the grade of major and completing ISS, the nonselections would be set aside.

The applicant received his third active duty OPR on 12 July 2001 and completed ISS in 2000, therefore, the nonselection received by the CY01B Lieutenant Colonel board is valid.  At no time did the applicant request his tour be curtailed or that he be removed from the active duty list.  On 26 June 2002, applicant’s LPRP tour ended and he entered extended active duty.  His DOS is now indefinite and he will meet the CY02A Lieutenant Colonel board (12 November 2002) as an above-the-promotion zone candidate.  If nonselected for promotion, applicant will be offered continuation to retirement eligibility.

Based on the directive of the AFBCMR 01-00739, all requirements were met; therefore, the CY01B Lieutenant Colonel Central Selection Board look was indeed valid.  Additionally, the DOS on the OSB is a Secretary of the Air Force approved entry and there is no indication that it was the cause of his nonselection.  The applicant has had numerous opportunities to curtail his tour and make himself ineligible for active duty promotion boards.  Furthermore, the applicant’s case is no different from those of other Reserve officers entering or returning to active duty under current recall programs or officers transferring from other brances of service.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, 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 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 30 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 19 Jun 02.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 10 Sep 02.
	Exhibit D.	Letter, AFBCMR, dated 20 Sep 02.

					Panel Chair