RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02070
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be given consideration for in-residence Intermediate Service School (ISS) via a Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

He was the victim of a 23-month trail of inaccurate personnel policy information passed through his chain of command, to him, regarding his candidacy and eligibility to attend ISS in 2000 and 2001.  As the result of a past Unfavorable Information File (UIF) he and his rating chain were informed he was not eligible for in-residence PME.  He was excluded from the Air Force Personnel Center (AFPC) PRISM build for two consecutive years.  Consequently, he did not pursue in-residence PME for over 22 months.  Recently, his chain of command was informed by USAFE/DP that there was no reason why he should not have been allowed to attend PME in-residence during his eligibility period.  He notes that, if selected, he is prepared to make an immediate Permanent Change of Station (PCS).

In support of his appeal, the applicant has provided copies of an e-mail trail between his superiors and USAFE/DP, a letter from his current commander requesting the applicant be considered for in-residence PME by an expedited PME SSB, an Article 15 package, and a referral Officer Performance Report (OPR), with attachments. 

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was selected to the grade of major by the Calendar Year 2000A (CY00A) Major Central Selection Board with a date of rank of 1 September 2000.  On 21 May 2001, while serving in Korea, he was issued an Article 15 for misconduct.  He appealed, was denied, and was punished with forfeiture of $1500 per month for two months, arrest in quarters for 30 days and was reprimanded.  He was notified on 8 June 2001, that the Article 15 punishment would be included in his Officer Selection Record (OSR) and his Officer Command Selection Record (OCSR).  His next OPR for the period 8 July 2000 through 1 June 2001 was considered a Referral OPR.  

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AIR FORCE EVALUATION:

AFPC/DPAPE recommends denial.  DPAPE investigated the applicant’s claims of not being able to compete for in-residence PME with his contemporaries.  DPAPE’s findings include the following facts: Historic PRISM files indicate his name was included on both the 2001 and 2002 PME Central Selection Boards which contradicts his claim his name was not included in the PRISM build for the selection board.  He was marked as “eligible’ for consideration but his record was updated to “do not nominate.”  While DPAPE denies any knowledge as to why his record was changed, they note that only his senior rater and/or management level had the sole responsibility to nominate or not nominate.  On the 2002 PRISM build however, his name was on the selection board file but was marked as “ineligible” for in-residence consideration.  DPAPE notes the applicant had an active UIF on record over the period covering both selection boards but has no information as to why his name was marked as “ineligible” on the 2002 selection list.  DPAPE recommends denial of the request based on the fact his name was on both lists and there was no information presented to show his senior rater or management level did not fully consider his nomination and eligibility status for the two boards.

DPAPE’s complete evaluation is at Exhibit C.

AFPC/DPPPO reviewed this application in light of the SSB request and recommends denial.  DPPPO notes that after review of the DPAPE findings, they have nothing further to add and therefore finds that an SSB is not warranted.

DPPPO’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 17 October 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 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 AFBCMR Docket Number BC-2003-02070 in Executive Session on 10 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jun 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPE, dated 24 Jul 03.
    Exhibit D.  Letter, AFPC/DPPPO, dated 1 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Oct 03.