ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03562-2
INDEX CODE:  111.01, 131.01
	XXXXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

In the applicant’s request for reconsideration, he requests his P0500A promotion recommendation form (PRF) be corrected to reflect a $166 million program versus an $80 million program; his completion of the USAF F-15E Instructor Upgrade Course be documented on an AF Form 475, Education/Training Report, versus AF Form 77, Supplemental Evaluation Sheet; and his officer performance report (OPR) for the period 3 May 1998 - 2 May 1999, be corrected to include his rater’s intended senior service school (SSS) recommendation; and he be considered by a Special Selection Board (SSB) for promotion to Lieutenant Colonel (Lt Col).

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STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the applicant is a rated officer who was appointed a Second Lieutenant, Reserve of the Air Force on 11 May 1985, and was voluntarily ordered to extended active duty on 8 August 1985.  He was integrated into the Regular Air Force on 1 July 1993 and was progressively promoted to the grade of Major (0-4) with a date of rank of 1 April 1997.

The applicant has two non-selections to the grade of Lt Col by the CY00A (28 Nov 00) (P0500A) and the CY01B (5 Nov 01) (P0501B) Central Lieutenant Colonel Selection Boards.  The following is a resume of his OPR ratings and training reports commencing with the report closing 30 October 1992:

	PERIOD ENDING				OVERALL EVALUATION

	30 Oct 92					Meets Standards (MS)
	 9 Jun 93						  MS
	 9 Jun 94						  MS
	14 Oct 94						  MS
*	 5 Jan 95					Supplemental Evaluation Sheet
	31 Jul 95						  MS
	15 Jun 96						  MS
	15 Jun 97 (Major)				  MS
	 2 May 98						  MS
*	 2 May 99						  MS
	 2 May 00						  MS
	29 Jun 01						  MS
	20 Feb 02					Training Report (TR)
	19 Jul 02						  MS

* Contested reports.

The Evaluation Reports Appeal Board (ERAB) considered and disapproved the applicant’s request to substitute corrected copies of his OPR closing out 2 May 1999, his TR closing 5 January 1995, and the P0500A PRF.  The ERAB also did not approve the applicant’s request that his records meet an SSB for promotion consideration.  The applicant’s MPF was notified of the above on 13 September 2002.

A similar appeal was considered and denied by the Board on 28 May 2003.  For an accounting of the facts and circumstances surrounding the rationale for the earlier decision by the Board, see Exhibit G.

The applicant submitted an undated request for reconsideration, contending that there may have been a misrepresentation of his rater’s supporting letter in his previous appeal.  Therefore, he has submitted an additional supporting letter from his rater.  In addition, he forwards a personal statement and additional letters of support not previously submitted with his initial request.  The applicant’s submission, with attachments, is at Exhibit H.

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THE BOARD CONCLUDES THAT:

In earlier findings, the Board determined that there was insufficient evidence to warrant correcting the applicant’s PRF prepared for the CY 2000A central lieutenant colonel selection board, adding a PME recommendation to his OPR closing 2 May 1999, substituting an Education/Training Report in place of a Supplemental Evaluation Sheet to document his completion of a 90-day upgrade training course, and consideration by an SSB for the CY 2000A central lieutenant colonel selection board.  The Board majority determined there was insufficient evidence to warrant changing the dollar figure cited in Section III, Item 2 of the contested PRF or to add an SSS recommendation to his OPR closing 2 May 1999.  By unanimous vote, Board does not find the evidence provided sufficiently compelling to substitute an Education/ Training Report in place of a Supplemental Evaluation Sheet to document his completion of a 90-day upgrade training course.

	a.  The applicant continues to assert that his completion of the USAF F-15E Instructor Upgrade Course upgrade should have been documented on an AF Form 475 rather than an AF Form 77.  The Air Force office of primary responsibility has indicated that the AF Form 77 was prepared in accordance with the provisions of the governing regulation in effect at the time he completed the training.  We note the applicant’s submission of statements by the 4 Mission Support Squadron, Chief, Customer Support claiming to have located an AF Form 475 for the same period of training indicated on the contested AF Form 77; however, neither their office nor the applicant have been able to provide the AF 475 as evidence.  And, even if similar training performed by another officer during the same period of time were documented on an AF Form 475, this would not, in our view, require approval of the requested relief in the absence of evidence that successfully refutes the Air Force position that completion of such an AF Form 475 was contrary to the provisions of the governing regulation in effect at that time.

	b.  The Board majority noted the additional statement of support by the rater of the applicant’s OPR closing 2 May 1999.  The rater explains that his reason for leaving out the SSS recommendation on the applicant’s OPR was that he was unaware of the applicant’s eligibility for SSS at the time of writing the contested OPR.  In our previous review, we noted that there was inconsistent support for SSS on the reports written prior and subsequent to the contested report.  After reviewing the rater’s most recent statement, the Board majority is still not persuaded that a revision of the previous determination concerning this issue is warranted, especially since the OPR closed out in 1999, the selection board in question convened in November 2000, the top report on file closed out in May 2000 and that report did contain a recommendation for SSS.  More importantly, in the opinion of the Board majority, as noted by the Air Force, the applicant chose not to seek correction of the 1999 report until after he was notified of his nonselection, which vitiates against a finding of error or injustice at the time the report was prepared.

	c.  As to the applicant’s request that the dollar figure cited in Section III, Item 2 of the contested PRF be changed, even though it appears that the value of this program represented on the contested report is erroneous, the Board majority believes this error was harmless to the applicant’s promotion opportunities since an officer’s value is not judged by the numerical figure of the programs they manage, alone, but by the information in the officer’s selection record pertaining to the quality of his duty performance and the value his superiors placed on him as a member of their team.  In the absence of what the Board majority would consider more significant errors in the applicant’s record, they are of the opinion that, for all intents and purposes, this error was harmless to the applicant’s promotion opportunity and decline to favorably consider this request.

	d.  Accordingly, in view of the above, the Board majority finds no basis on which to base favorable consideration of the applicant’s request for consideration by an SSB for the CY 2000A central lieutenant colonel selection board.

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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 November 2004, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

Ms.   and Mr.   voted to deny the applicant’s requests.  Ms.   voted to grant the applicant’s requests for a correction to the dollar figure in Section II, Item 2 of the contested PRF, to add an SSS recommendation to the OPR for the period 3 May 1998 - 2 May 1999, and for SSB consideration and to deny the remainder of the applicant’s requests, but declined to submit a minority report.  The following documentary evidence for AFBCMR Docket Number BC-2002-03562-2 was considered:

     Exhibit G.  Record of Proceedings, dtd 8 Aug 03, w/Exhibits.
     Exhibit H.  Applicant’s Letter, undated, w/atchs