RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03712

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be provided a second Special Selection Board (SSB) for a corrected record that should have met the Calendar Year 2000A (CY00A) Lieutenant Colonel Selection Board.

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THE APPLICANT CONTENDS THAT:

He met the 6 May 2002 SSB with discrepancies in his record that should have been corrected prior to the board; however, he was not given an opportunity to review his record prior to the promotion board.

The applicant states that on 7 March 2002, he was notified that the AFBCMR directed an SSB for his corrected Promotion Recommendation Form (PRF) for the CY00A Lt Col Board.  He requested a copy of his record prior to the SSB and received it on 6 May 2002, the first day the board convened.  His corrected record contained an additional performance report that was rendered after the original promotion board and should have been removed from his promotion package.

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

He was considered and not selected for promotion to the grade of lieutenant colonel by the CY00A and CY01A Central Lieutenant Colonel Selection Boards.

On 20 February 2002, the AFBCMR favorably considered his request that the PRF prepared for the CY00A Lt Col Board be replaced with a substitute PRF and he be provided SSB consideration.

He was notified of the AFBCMR’s decision on 4 March 2002.

In a letter to the applicant’s Military Personnel Flight (MPF), dated 26 March 2002, AFPC/DPPPOC advised that the applicant was scheduled to meet an SSB on 6 May 2002 and that he should be immediately notified.

In an Email, dated 28 March 2002, the applicant’s MPF notified AFPC that the applicant had been notified of the SSB.

In a letter to AFPC/DPPBR, dated 25 April 2002, he indicated that he was meeting an SSB on 6 May 2002, and requested a copy of his record which would meet the board.

In an unsigned 29 April 2002 letter from AFPC/DPPBR1, the applicant was advised that a copy of his OSR, as of the date of the letter, was attached, that they may have included a copy of his OSB used in his last promotion board, that an updated brief would be placed in his records about two weeks prior to the convening of a selection board, and that his MPF would provide him with a pre-selection brief.

On 6 May 2002, he was considered and not selected for promotion to the grade of lieutenant colonel by an SSB for the CY00A Lt Col Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends the application be denied and states, in part, that the applicant’s records were correct when he was considered by the 6 May 2002 SSB.  They reviewed his Officer Selection Record (OSR) as it met the SSB and did not find the Officer Performance Report, closing 2 March 2001, the applicant alleges was in his record.  In addition, the corrected PRF was considered by the SSB.  It appears that he inadvertently requested a copy of his OSR from the Officer Records Office, rather than the SSB Section.  As such, he received fair consideration to the grade of lieutenant colonel and was not selected for promotion.

The AFPC/DPPPO evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that AFPC failed to notify him that he was meeting an SSB and that his records had been corrected as directed by the AFBCMR.  He spoke with AFPC officer promotion personnel directly on at least seven occasions (including the SSB section) and specifically mentioned that he was meeting an SSB and was requesting a copy of his records.  He was never directed to any other agency or division despite his inquiries.  When he called officer promotions on 25 April 2002, they told him that they had just received notification that he was meeting the 6 May 2002 SSB.  On that date, he requested a copy of his records and once again specifically stated in that request that he was meeting an SSB.  Not only did AFPC fail to notify him that he was meeting an SSB, they also failed to direct his records request to the appropriate office even after his repeated inquiries weeks before the board met.

While AFPC implies that he received a copy of his most current OSR instead of a properly aged record that they allege met the SSB, this is incorrect.  According to AFI 36-2406, PRFs are removed from an officer’s record immediately after a promotion board.  Prior to a promotion board, a copy of his OSR would have only contained his most current OPRs, but no PRF.  The copy of the records he received from AFPC contained his most corrected PRF; therefore, it was clearly not a copy of his OSR but an attempt to age his record for the upcoming SSB.  In addition, the record contained an extra OPR, a material error that should be corrected.

Additional evidence suggests that his record was not properly aged before it met the SSB.  After the board results were released, he requested a copy of his record as it met the SSB.  AFPC provided him with an incorrect copy of his record that included the OPRs closing 2 March 2001 and 2 March 2002.  These OPRs should not have been in his record.  In addition, AFPC did not address their failure to provide him an Officer Preselection Brief (OPB) prior to the SSB.  AFPC mandates that ratees have the responsibility to ensure their records are accurate and he has attempted to comply with this mandate; however, AFPC has not fulfilled its responsibilities prior to the SSB directed by the AFBCMR.

The applicant’s complete response, with attachments, is at Exhibit E.

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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 applicant’s submission, we are not persuaded that he was denied fair and equitable promotion consideration by the 6 May 2002 SSB.  The applicant contends that when he met the SSB his record erroneously contained an additional OPR; however, the appropriate office of primary responsibility reviewed his Officer Selection Record (OSR) as it met the SSB and determined that his OSR did not contain the contested OPR and that his records were correct when considered by the SSB.  After careful review of the evidence provided in support of his appeal, we are not persuaded that the applicant has provided sufficient evidence to refute the findings of the OPR.  The applicant also contends that he was not notified of his pending SSB consideration; however, an Email, dated 28 March 2002, from his MPF to AFPC indicates that he was notified of the SSB.  In view of the above, and since the corrected PRF was considered by the SSB, we believe the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no basis to recommend granting the relief sought.

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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 Docket Number BC-2002-03712 in Executive Session on 24 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 22 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
    Exhibit E.  Letter, Applicant, dated 25 Feb 03, w/atchs.