RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02036
                                                    (Case 2)
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Direct promotion to the grade of lieutenant colonel, with a retroactive date of rank as if selected by the CY00A (28 November 2000) Lieutenant Colonel Central Selection Board (CSB), and with a Definitely Promote (DP) recommendation on his Promotion Recommendation Form (PRF).  In conjunction with his direct promotion, he requests consideration for school selection.
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APPLICANT CONTENDS THAT:

A material error occurred when the Evaluation Reports Appeal Board (ERAB) approved only partially correcting his PRF from the CY00A Lieutenant Colonel promotion board.  Specifically, the ERAB granted approval to change his P0500A PRF, Section IV, Promotion Recommendation (narrative portion), but would not allow the upgrade to Section IX, Overall Promotion Recommendation, from a “Promote” to a “Definitely Promote” due to nonconcurrence of the Management Level Review (MLR) President.

This created an injustice because had his records been complete at the time of his original board, his senior rater would have awarded him a “Definitely Promote” and therefore, the MLR president could not have overturned this promotion recommendation.

In support of his request, the applicant submits a personal statement, a copy of the ERAB decision and statements from the senior rater and MLR president.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 29 May 1985.  He is currently serving on active duty in the grade of major, with an effective date and date of rank of 1 February 1997.  The following is a resume of his OPR ratings subsequent to his promotion to that grade.

		Period Ending	Evaluation

		     4 Mar 97	Meets Standards (MS)
		     2 Dec 97	     MS
		     2 Dec 98	     MS
		     9 Jul 99	     MS
		#    9 Jul 00	     MS
		##  13 Feb 01	     MS
		### 13 Feb 02	     MS
		####13 Feb 03	     MS

# Top report at the time he was considered and nonselected In-the-Promotion Zone (IPZ) for promotion to lieutenant colonel by the CY00A Lieutenant Colonel Central Selection Board, which convened on 28 November 2000.

## Top report at the time he was considered and nonselected Above-the-Promotion Zone (APZ) for promotion to lieutenant colonel by the CY01B Lieutenant Colonel Central Selection Board, which convened on 5 November 2001.

### Top report at the time he was considered and nonselected Above-the-Promotion Zone (APZ) for promotion to lieutenant colonel by the CY02B Lieutenant Colonel Central Selection Board, which convened on 12 November 2002.

#### Top report at the time he was considered and nonselected Above-the-Promotion Zone (APZ) for promotion to lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board, which convened on 8 July 2003.

Information maintained in the Military Personnel Data System (MilPDS) reveals that the applicant currently has an established date of separation of 31 May 2009.
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AIR FORCE EVALUATIONS:

HQ AFPC/DPPPEB recommends the applicant’s request for a direct promotion be denied.  DPPPEB states the guidance the ERAB used in June 2002 to render its decision was in accordance with AFI 36-2401, which stipulates “Changing the overall recommendation (Section IX) to a “definitely promote” (DP) rating must be fully justified and requires the concurrence of both the senior rater and MLR president.”  Because the correction and appeal of PRFs are removed from the normal promotion recommendation process controls, the policy written into AFI 36-2401 requiring senior rater and MLR president concurrence, ensures objectivity and integrity are maintained.  The applicant received fair and equitable consideration in his appeal; and, without the support of his MLR president, the ERAB rendered a decision consistent with Air Force policy.  The HQ AFPC/DPPPEB evaluation is at Exhibit C.

HQ AFPC/DPPPO recommends denial for direct promotion and SSB reconsideration.  DPPPO states that, in addition to the four nonselections for promotion to the grade of lieutenant colonel by the aforementioned lieutenant colonel selection boards, the applicant received SSB consideration and was nonselected for promotion by the following boards:  CY95A (5 June 1995) Major Central Selection Board (CSB), with his corrected 4 March 1994 OPR; and, CY00A (28 November 2000) Lieutenant Colonel CSB, with his corrected 4 March 1994 OPR and P0500A PRF.  Regarding the applicant’s request for direct promotion, DPPPO states that both Congress and DoD have made clear their intent that when errors are perceived to ultimately affect promotion, they should be addressed and resolved through the use of Special Selection Boards (SSBs).  Without access to all the competing records and an appreciation of their content, DPPPO continues to believe the practice of sending cases to SSBs is the fairest and best practice.  The applicant’s record does not warrant direct promotion, nor does it warrant further SSB consideration.  The HQ AFPC/DPPPO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and provided additional facts and comments concerning the award of a “DP” and “Direct Promotion.”  The disparity between the normal promotion process and the ERAB process created an unjust situation in his case that only by AFBCMR action can he receive full and effective relief.  He has documented the fact that the senior rater maintained the integrity of the system both when he made the original “DP” allocation decision and upon his review of his accurate records.  He has documented both the senior rater and MLR president’s position that award of a “P” by the 17 June 2002 ERAB created a material error in the PRF and an unjust situation for him.  He requests that, if the AFBCMR makes the determination to award him a DP on his PRF, the ERAB be directed to insert his revised PRF, with the DP, for reconsideration for promotion and school selection by the next scheduled SSB.  Based upon the AFPC statistics he previously cited, he is confident he would be promoted by SSB if awarded a DP.  However, given the professional growth and leadership opportunities that have been denied him since the time of his original board, he does not believe that a successful SSB would fully correct the injustice.  It remains his position that only AFBCMR approval of direct promotion to lieutenant colonel, retroactive to the date of rank (DOR) had he been selected by the P0500A selection board, and immediate reconsideration for school selection, will provide full and effective relief from this injustice.  The applicant’s complete submission, with attachments, is at Exhibit F.

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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 concerning the PRF.  We took particular note of the statements from the senior rater who supports the applicant’s request.  He indicates that, the OPR, closing 4 March 1994, significantly altered the information available at the time the PRF was written.  He had a distorted picture of the applicant’s performance level when he prepared the PRF; therefore, the applicant was ranked in a manner that did not reflect his relative promotion potential.  However, based on the subsequent correction to the applicant’s record and new insight into his career record of demonstrated performance, he strongly supports changing the overall promotion recommendation to a “Definitely Promote.”  We are convinced by the evidence submitted that, had the senior rater been properly aware of the applicant’s accomplishments, he would have awarded the “Definitely Promote” initially and the applicant would have met the CY00A Lieutenant Colonel Central Selection Board with an accurate record.  Additionally, we note that, when a senior rater awards a “Definitely Promote” outright, he has the final authority to determine the award of a “Definitely Promote,” unlike the requirements for appealing a PRF through the Evaluation Reports Appeal Board (ERAB) which requires Management Level Review (MLR) President concurrence.  In view of the foregoing, and having no basis to question the integrity of the senior rater, we recommend the original PRF, used by the CY00A Lieutenant Colonel Central Selection Board, be corrected to reflect a “Definitely Promote” overall recommendation.  In this respect, we note that the applicant has provided a copy of the reaccomplished original PRF, with the overall recommendation of “Definitely Promote,” which was submitted with his appeal to the Evaluation Report Appeal Board (ERAB).  Since the applicant has already provided an amended copy of the PRF under review, we recommend that it replace the PRF of record.  We further recommend that the applicant be provided appropriate SSB consideration with his corrected PRF.  Should the applicant be selected for promotion by an SSB, he will automatically be considered for PME candidacy.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting his promotion to the grade of lieutenant colonel through the correction of records process.  In this regard, the Board observes that officers compete for promotion under the whole person concept whereby a promotion recommendation form is but one of many factors carefully assessed by selection boards.  An officer may be qualified for promotion but, in the judgment of a selection board vested with the discretionary authority to make the selections, may not be the best qualified of those available for the limited number of promotion vacancies.  Therefore, absent clear-cut evidence that he would have been a selectee had the contested report not been a matter of record, we believe that a duly constituted selection board applying the complete promotion criteria is in the most advantageous position to render this vital determination, and that its prerogative to do so should only be usurped under extraordinary circumstances.  Accordingly, we recommend the applicant’s record be placed before an SSB for a determination concerning his promotion opportunities by the CY00A Lieutenant Colonel Central Selection Board.
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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 the Promotion Recommendation Form (PRF), with Section IV, Promotion Recommendation, last line beginning with “My next DP hands down!”, prepared for use by the Calendar Year 2000A Lieutenant Colonel Central Selection Board, be declared void and removed from his records.  The attached reaccomplished PRF, with Section IV, Promotion Recommendation, last line beginning with “Tremendous initiative,” and Section IX, Overall Recommendation, with “Definitely Promote” be accepted for file in place of the voided PRF.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2000A Lieutenant Colonel Central Selection Board with inclusion of the reaccomplished PRF.
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The following members of the Board considered this application in Executive Session on 25 February 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-02036.

   Exhibit A.  DD Form 149, dated 9 Jun 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPEB, dated 25 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 3 Oct 03.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Oct 03.
   Exhibit F.  Letter from Applicant, dated 27 Oct 03, w/atchs.

AFBCMR BC-2003-02036

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 APPLICANT be corrected to show that the Promotion Recommendation Form (PRF), with Section IV, Promotion Recommendation, last line beginning with “My next DP hands down!”, prepared for use by the Calendar Year 2000A Lieutenant Colonel Central Selection Board, be declared void and removed from his records.  The attached reaccomplished PRF, with Section IV, Promotion Recommendation, last line beginning with “Tremendous initiative,” and Section IX, Overall Recommendation, with “Definitely Promote” be accepted for file in place of the voided PRF.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2000A Lieutenant Colonel Central Selection Board with inclusion of the reaccomplished PRF.