RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04099
		INDEX NUMBER:  131.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The promotion recommendation form (PRF) prepared on him for and viewed by the calendar year (CY) 00A Central Lieutenant Colonel Selection Board be voided and replaced with the original PRF prepared for the board.

The letter that he wrote to the CY00A Central lieutenant Colonel Selection Board president be removed from his records.

He be considered for promotion to lieutenant colonel by special selection board (SSB) for the CY00A Central Lieutenant Colonel Selection Board with the corrected record.

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APPLICANT CONTENDS THAT:

He was given a promote recommendation on the PRF originally prepared on him for the CY00A Central Lieutenant Colonel Board.  His PRF was redone and he was given a new promotion recommendation of “Do Not Promote” (DNP) due to his being charged with driving under the influence (DUI) of alcohol and being relieved of duty.

At the time his PRF was changed, the charges against him were pending and were completely dismissed by the time of the promotion board.

Due to his not being selected for promotion, he appealed to the Evaluation Reports Appeal Board (ERAB) for promotion consideration by SSB with his original PRF.  The ERAB only agreed to revise the report by deleting the statement “ …the Maj was charged with an off-base DUI.”  They denied his request for promotion consideration by SSB.  By removing the statement, the ERAB substantiated that his PRF was invalid, unfair, and inaccurate.

Although the ERAB removed the statement regarding his being charged with a DUI, it actually provided him no relief when it denied his request to void the PRF in its entirety and promotion consideration by SSB.

In support of his appeal, the applicant provides documentation to explain the complete dismissal of the civilian DUI charges and copies of the actions he has taken in regards to his PRF.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  His Total Active Federal Military Service Date (TAFMSD) is 12 Sep 85.  A review of the applicant’s last ten Officer Performance Reports (OPRs) indicates overall ratings of “meets standards.”

The applicant was considered and nonselected for promotion by the CY00A Central Lieutenant Colonel Selection Board.  The PRF reviewed by said board contained an overall recommendation of “Do Not Promote This Board.”

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial of the applicant’s request to void his PRF for the CY00A Central Lieutenant Colonel Selection Board.  

The ERAB removed the inappropriate reference to a pending DUI from the applicant’s PRF.  However, in order to change Section IV, the original senior rater will need to demonstrate there was a material error in the PRF; a material error in the record of performance, which substantially impacted the content of the PRF; or, a material error in the process by which the PRF was crafted.  In all cases, changes to Section IV must be related to the documented error.  In addition, changing the overall recommendation (Section IX) to “promote” requires the concurrence of both the senior rater and MLR president.  These requirements have not been met.  The applicant does not have any supportive documentation from the senior rater or management level review (MLR) president.

The complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s request for promotion consideration by SSB and removal of the letter written to the board president.

Since AFPC/DPPPE recommends denial of the applicant’s request to void his PRF, SSB consideration is not warranted.  The letter the applicant submitted to the promotion board president is an historical document.  The only time a letter is withdrawn from the historical record is when the subject matter of the letter is subsequently altered through appeal action.  Otherwise, the letter should stand as a historical document for the CY00A promotion board.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an initial response to the Air Force evaluations, the applicant requested that his case be temporarily withdrawn to allow him time to review and respond.  He indicated that he had not had the opportunity to respond due to being deployed and the evaluations were not forwarded to him.

The applicant’s complete response is at Exhibit F.

The applicant submitted a second response to the Air Force evaluations reinstating his case and providing his rebuttal comments.  The applicant states that the evaluation by AFPC/DPPPE presents an inaccurate account of events and is built on the faulty premise that he must obtain the support of both his senior rater and MLR president in order to rectify the injustice done to him.

The applicant addresses four arguments upon which AFPC/DPPPE based its recommendation to deny.  The applicant provides a letter from his immediate supervisor to confirm that he was presented with the MLR approved PRF containing a promote recommendation.  He references paragraph 3.7.7 of AFI 36-2406, “raters should be particularly cautious about referring to charges preferred, … that are not complete as of the close-out date of the report,” to show that his senior rater created a situation under which he entered the promotion process with a PRF flagged with a pending charge.  Before the promotion process was fully complete, the charge was dropped entirely.

In regard to the comment about the DUI contained in his second PRF, the applicant states that the single greatest evidence of the impropriety of the comment was the action by the ERAB to remove the comment from the PRF.  However, this action was after the CY00A Central Lieutenant Colonel Selection Board met and he was not selected for promotion.  Therefore, this remedy offered no relief to him and they now oppose his efforts to seek a meaningful remedy.

The applicant asserts that AFPC’s position that Section IV of the second PRF (“Do Not Promote”) cannot be changed and the overall recommendation changed to “Promote” without the support of both the senior rater and MLR president presents a serious misdirection of the issue at hand.  Changing the PRF has never been the remedy he has sought.  He is requesting that the second PRF be voided and the original PRF prepared on him be reinstated.  He states that it is correct to assume that he does not have the support of the senior rater.  The letter of support he has from his former supervisor explains the senior rater’s view of changing the PRF, that the appeal process is the avenue he should use to rectify any injustice.

The applicant’s complete response, with attachment, is at Exhibit G.

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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.  Based on the statement provided by the applicant’s former rater, the sole reason the applicant’s promotion recommendation form was reaccomplished and he was given a “Do Not Promote” recommendation for the CY00A Central Lieutenant Colonel Selection Board appears to be the charges filed against him by civilian authorities for driving under the influence and his subsequently being relieved from command.  The record now clearly indicates that the charges against the applicant were dismissed.  The Board finds a bit of irony in the action of the applicant’s senior rater to take such a harsh action based on the civilian charges, yet not be willing to support the applicant upon his subsequent exoneration.  In our view, this most certainly constitutes an injustice.  We believe the reaccomplished PRF with the “Do Not Promote” recommendation to be unduly harsh and lacking a basis of justification.  While it is unusual for us to recommend changing a PRF and granting consideration for promotion without the support of the senior rater, other than a direct promotion, which we do not support, we believe this is the most acceptable course of action in this case.  We also believe that the letter written by the applicant to the CY00A Central Lieutenant Colonel Selection Board president should be voided and removed from his record.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

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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:

	    a.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY00A Central Lieutenant Colonel Selection Board, which convened on 28 November 2000, containing an overall recommendation in Section IX of “Do Not Promote This Board” be declared void and removed from his records and replaced with the attached PRF, which reads in Section IV, line nine, “Superb officer/leader…does it all!  Just moved into big SQ/CC billet--definitely promote and send to SSS!” and contains an overall recommendation in Section IX of “Promote.”

	    b.  The letter he wrote to the CY00A Central Lieutenant Colonel Selection Board president, dated 20 Nov 00, be declared void and removed from his officer selection record.

It is further recommended that he be considered for promotion to lieutenant colonel by Special Selection Board (SSB) for the CY00A Central Lieutenant Selection Board with the corrected record.

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The following members of the Board considered Docket Number BC-2002-04099 in Executive Session on 2 July 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 14 Jan 03.
     Exhibit D.  Memorandum, AFPC/DPPPO, dated 29 Jan 03.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit F.  Memorandum, Applicant, dated 29 Apr 03,
                 w/atch.
     Exhibit G.  Memorandum, Applicant, dated 9 Jun 03,
                 w/atch.

AFBCMR BC-2002-04099

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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY00A Central Lieutenant Colonel Selection Board, which convened on 28 November 2000, containing an overall recommendation in Section IX of “Do Not Promote This Board” be, and hereby is, declared void and removed from his records and replaced with the attached PRF, which reads in Section IV, line nine, “Superb officer/leader…does it all!  Just moved into big SQ/CC billet--definitely promote and send to SSS!,” and contains an overall recommendation in Section IX of “Promote.”

		b.  The letter he wrote to the CY00A Central Lieutenant Colonel Selection Board president, dated 20 Nov 00, be, and hereby is, declared void and removed from his officer selection record.

	It is further directed that he be considered for promotion to lieutenant colonel by Special Selection Board (SSB) for the CY00A Central Lieutenant Selection Board with the corrected record.

Atch
AF Form 709, CY00A Board