RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02295
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF) that met the CY00A Lieutenant Colonel Central Selection Board be replaced with a reaccomplished report; and he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2000A Lieutenant Colonel Central Selection Board, which convened on 28 November 2000.

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APPLICANT CONTENDS THAT:

He feels that the Evaluation Reports Appeal Board (ERAB) may not have fully considered the evidence provided and made a false assumption without verifying it with his rating chain of command.

Due to the timing of his annual OPR cycle, his OPR dated 8 December 2000, closed out while the CY00A Lieutenant Colonel Selection Board (28 November - 13 December 2000) was in session and was therefore considered inadmissible.  At the time, he was the xxth Airlift Squadron Chief of Standardization and Evaluation and Assistant Director of Operations.  By regulation he reported directly to the commander.  His rating chain was unable to generate a CRO report prior to the board because of his duty position and scope of responsibility.  To move him to a rater other than the commander is in direct violation of AFI 11-408 and would have been totally inappropriate.

In support of the appeal, applicant submits a personal statement, a copy of the ERAB Decision, the original PRF, the reaccomplished PRF, a copy of his 8 December 2000 OPR, a letter from the MLR President and a letter from the Senior Rater.

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

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STATEMENT OF FACTS:

The applicant is a rated Regular Air Force officer serving on extended active duty in the grade of major.  He currently has an established date of separation of 31 July 2009.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY00A, CY01B, CY02B and CY03A Lieutenant Colonel Central Selection Boards.  His Officer Performance Reports (OPRs) from 1991 through 2002 reflect meets standards on all performance factors.

The Evaluation Reports Appeal Board (ERAB) denied the request stating, The applicant’s “Senior Rater had the opportunity while preparing the PRF to obtain his most recent duty performance based potential from subordinate or previous supervisors in accordance with (IAW) AFI 36-2406, 1 July 2000, Officer and Enlisted Evaluation Systems, paragraph 8.2.3.1.2.

On 20 June 2002, the Board considered and denied a request by the applicant that his record, including a letter to the Board President, be considered by an SSB for promotion to the grade of lieutenant colonel by the CY00A Lieutenant Colonel Selection Board (see Exhibit G).

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AIR FORCE EVALUATION:

AFPC/DPPPE states that the ERAB simply stated that it was the applicant’s responsibility to take advantage of the 30 days given to him to review the PRF for any concerns prior to the Board.  It is not appropriate for him to wait until after his Central Selection Board to raise concerns about the content of the PRF.  The applicant could not see his PRF until after the MLR because it is not official until that point.  However, he had 30 days from the point he received the PRF to identify problems with his senior rater.  All officers are provided specific instructions several months prior to their Central Selection Board.

DPPPE indicated that it is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.  The issue is whether it would be fair to allow the applicant a chance to go back and make his PRF stronger.  The evaluators originally had the opportunity to include all accomplishments of the applicant and the applicant received the PRF in advance of the board to review.  Instructions are provided to all officers informing them to contact their rating chain with any concerns with the PRF.  As such, this applicant had the same opportunities as all other officers meeting the same promotion board.  Therefore, they recommend denial of applicant’s request to substitute the PRF.

This evaluation, with attachment, is at Exhibit C.

AFPC/DPPPO recommends denial.  They reviewed the findings in DPPPE’s advisory and have nothing further to add.  Since that advisory recommends denial, SSB consideration is not warranted.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the AFPC/DPPPE summary.  The summary quotes him out of context and fails to entirely address the case by leaving out relevant information and supporting documentation addressed in his application.

His appeal is not that the OPR closed out during the board.  His appeal is for the consideration of significant events that had all occurred before the board convened that were not included in his PRF and selection record.  There is no mention in his PRF of any of his duty performance the year leading to his selection board.

The summary states that the rating chain did not make a mistake in crafting the PRF, and that there were no errors in the PRF.  He states the senior rater, HQ AMC/DP, HQ AMC/CV and the Management Level Review (MLR) President further validated that a gross error had occurred and felt strongly enough to recompete the corrected PRF at the MLR.

In addition to questioning the integrity of his rating chain and the MLR President, the ERAB summary attempts to blame him, the ratee, for the mistakes of those appointed above him.

The void in his promotion record was the result of an admitted flaw in the crafting process.  Those responsible for the error are officers of integrity, and they have taken action to correct the injustice.  AFPC feels that the PRF correction should have no impact on the outcome of an SSB.  His rating chain and the MLR President see it differently.  This is a determination that only a promotion board can make.  The correction to his record may or may not be enough to impact the outcome of the board, but at least he will be able to finally compete with his peers on a level playing field with his record intact.  He respectfully asks that the Board fully consider the evidence provided, along with the direction given by the MLR President.

Applicant's complete response is attached 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.  In this respect, we note the supporting statement submitted from the senior rater on the contested PRF.  This officer states that, due to the timing of the board, applicant’s annual OPR closeout date, and other factors, several of the applicant’s significant accomplishments during the period preceding the board were not properly considered and included when crafting his CY00A PRF and also were not available to the board in the form of OPR comments.  His 2000 annual OPR was in coordination and closed out while the CY00A promotion board was in session, making it inadmissible and resulting in a 354-day hole in the performance record used for board consideration.  Regrettably, there is no significant mention in his PRF of his accomplishments while assigned to the 11th Airlift Squadron.  The senior rater now believes that he made an error of omission in crafting the applicant’s PRF and feels there is an obligation to this officer and the Air Force to correct it.  He further indicates that the circumstances highlighted in his statement likely created an unjust situation for the applicant in that the promotion board did not have access to crucial information relating his full potential to perform in the next higher grade.  In view of this statement, which is supported by the Management Level Review Board president, and in an effort to remove any possibility of an injustice to the applicant, it is our opinion that the contested PRF should be declared void and replaced with the amended PRF provided by the senior rater.  In addition, we recommend his corrected record be considered for promotion to the grade of lieutenant colonel by SSB for the CY00A 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, AF Form 709, prepared for the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board be declared void and removed from his records and replaced with the reaccomplished report.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2000A Central Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02295 in Executive Session on 4 December 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 13 Jun 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 23 Sep 03, w/atch.
   Exhibit D.  Letter, AFPC/DPPPO, dated 23 Sep 03.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Oct 03.
   Exhibit F.  Applicant's Response, dated 3 Nov 03.
   Exhibit G.  Record of Proceedings, dated 16 Jul 02, w/atchs.

                                   

AFBCMR BC-2003-02295
INDEX CODE:  131.00

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, be corrected to show that the Promotion Recommendation Form, AF Form 709, prepared for the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board be, and hereby is, declared void and removed from his records and replaced with the attached reaccomplished report.

	     It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2000A Central Selection Board.