RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-02860
							INDEX CODE 131.01
	 						COUNSEL: No 

							HEARING DESIRED: Yes

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APPLICANT REQUESTS THAT:

He be given Special Selection Board (SSB) consideration by the Calendar Year 2000A (CY00A) and CY01B Central Colonel Selection Boards and the 2000 and 2001 Senior Service School (SSS) selection boards.

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APPLICANT CONTENDS THAT:

He was unjustly issued a Letter of Reprimand (LOR) on 31 Mar 00 by the 19th Air Force (19 AF) commander.  The presence of the Unfavorable Information File (UIF) in his records prevented him from serious consideration for promotion to colonel below the promotion zone (BPZ) by two boards and he was given no consideration for SSS selection and attendance by two boards. Because his eligibility had expired for SSS, he was ineligible for candidacy in 2002 once the LOR and UIF were expunged by the AFBCMR in Apr 02.  

He provides a copy of the Record of Proceedings (ROP) of his original appeal and a letter written by his former wing commander and senor rater requesting he be granted the opportunity to be reconsidered by two BPZ boards for colonel and by two SSS selection boards.

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

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STATEMENT OF FACTS:

The applicant was considered BPZ for the grade of colonel by the CY00A and CY01B boards, which convened on 17 Jul 00 and 3 Dec 01, respectively.  However, he was not selected.  The Promotion Recommendation Forms (PRFs) reflected overall recommendations of “Promote.”

The 2 Apr 02 ROP summarizing the circumstances of the LOR/UIF and the Board’s rationale for granting relief is provided by the applicant at Exhibit A. Exhibit H of the ROP is a letter from HQ AFPC/DPPB verifying that the 31 Mar 00 LOR was not included in the Officer Selection Record (OSR) reviewed by the CY00A and CY01B boards.

The remaining relevant facts pertaining to this application are contained in the official documents provided in the applicant’s submission (Exhibit A) and in the letters prepared by the appropriate offices of the Air Force (Exhibits C and D). 

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AIR FORCE EVALUATION:

HQ AFPC/DPAPE advises that AFI 36-2301 states that to be eligible to attend SSS in-residence, lieutenant colonels and lieutenant colonel selectees must be selected as an SSS candidate or be nominated by their management level (ML) as a non-candidate to compete at the annual HQ AFPC SSS Central Board.  SSS candidacy is determined at the lieutenant colonel promotion board. Once designated as a candidate, the officer can compete for SSS annually until no longer eligible.  The applicant did not have SSS candidacy. His years of eligibility were 1998, 1999, 2000 and 2001. The applicant was still eligible to compete for SSS as a non-candidate in 2000 and 2001; however, he was not nominated by his ML as a non-candidate. Since the LOR/UIF was expunged from the applicant’s record and his former wing commander/senior rater strongly supports his attendance at SSS, DPAPE recommends his record be considered for SSS.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO notes that HQ AFPC/DPPB confirmed the LOR was not part of the applicant’s OSR that was seen by the CY00A and CY01B boards. The board members were not aware of the LOR and it was not factored into their overall promotion evaluation.  Therefore, SSB consideration BPZ for these two boards is not warranted.  HQ AFPC/DPAPE agrees that the applicant should be considered for SSS since the LOR and UIF were expunged from his records, and the senior rater strongly supports the applicant’s attendance at SSS.  If the applicant is nominated by his senior rater as a non-candidate for the CY00 and CY01 SSS designation, HQ AFPC/DPPPO recommends the applicant be considered for SSS by SSB.  However, as explained above, they recommend his request for SSB consideration to the grade of colonel by the CY00A and CY01B boards be disapproved.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 10 Jan 03 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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant SSB consideration as a nominated non-candidate by the CY00 and CY01 SSS selection boards.  We note the Air Force’s assertions in both the original appeal and in this case that the LOR was not part of the applicant’s OSR seen by the CY00A and CY01B boards, that the board members were not aware of the LOR, and that it was not factored into their overall promotion evaluation. Further, the AFBCMR directed voidance of the LOR from the applicant’s records on 7 Mar 02. The applicant has not established that the LOR was accessible to or seen by the selection boards when they considered his OSR in Jul 00 and Dec 01. As he has not shown that his records warrant corrective action with regard to the LOR, we find no compelling basis to grant SSB consideration BPZ for the CY00A and CY01B Central Colonel selection boards. However, based on the senior rater’s supporting statement and the Air Force’s recommendation, we believe the applicant should be given SSB consideration as a non-candidate for SSS. As the applicant’s senior rater has already indicated his support of the applicant’s non-candidacy, we recommend that his records reflect he was afforded SSB consideration as a nominated non-candidate for the CY00 and CY01 SSS selection boards.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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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 his senior rater nominated him as a non-candidate for Senior Service School (SSS) and he be considered as a nominated non-candidate by Special Selection Board for the Calendar Year 2000 and 2001 SSS Selection Boards.

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The following members of the Board considered this application in Executive Session on 20 February and 4 March 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number 02-02860 was considered:

   Exhibit A.  DD Form 149, dated 27 Aug 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPE, dated 31 Oct 02.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 6 Jan 03.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.

                                   

AFBCMR BC-2002-02860

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 his senior rater nominated him as a non-candidate for Senior Service School (SSS) and he be considered as a nominated non-candidate by Special Selection Board for the Calendar Year 2000 and 2001 SSS Selection Boards.