RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00962

	XXXXXXX			COUNSEL: No 

	XXXXXXX					HEARING DESIRED: Yes

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of Lt Colonel by a Special Selection Board (SSB) for the Calendar Year 2003A (CY03A) Lieutenant Colonel Central Selection Board with inclusion of a letter to the board President.

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APPLICANT CONTENDS THAT:

His officer selection folder for the Lt Colonel CY03A promotion board did not accurately or justly reflect the circumstances as to why he had not completed his graduate degree or his Professional Military Education (PME), which are the probable reasons he was not selected for promotion.

In February 2002, he was diagnosed with malignant Melanoma.  He had noticed a bump on his face while deployed to Saudi Arabia during the fall of 2001.  The doctor there said it was nothing serious.  After he returned and after several treatments by the base doctors, he was referred off base to a dermatologist who removed the tumor.  The pathology results confirmed it was Melanoma and had spread. After another surgery in March 2002, it was confirmed the cancer had spread to his lymph nodes in his neck.  In April, he was admitted into in a very intense bio-chemotherapy clinical trial.  The treatments lasted until September and full recovery took until November 2002.  During that time, he was unable to return to duty, let alone do any academic work.

Before deploying to Saudi Arabia in August 2001, his commander counseled him on getting his graduate degree and PME finished before his primary promotion board.  At that time we drew up plans to get all of his work finished by May of 2003, leaving enough time to get finished and update his records in case the board was to be moved-up (which it was).  The battle with cancer, however, had essentially put him one year behind his schedule.  After recovery, he finished his graduate work and was awarded a degree in August 2003. He is currently enrolled in ACSC and is due to finish in May 2004.

In June 2003, he received his PRF.  His squadron commander and senior rater had both said that he had a strong record.  However, he was not counseled by either on writing a letter to the board explaining the reason why he had not finished his graduate work or PME.  Both knew of his long battle against cancer and that he was unable to finish his work before his primary board.  It was not until he had a permanent change of station (PCS) to Scott AFB that his current commander pointed out to him that it would have been in his best interest to write a letter to the promotion board.  Doing so would have made it clear to the board the exceptional circumstances of why his record was not complete.

In support of the appeal, applicant submits a personal letter, a letter from Ellis Fischel Cancer Center, a letter from his commander, and a letter to the promotion board.

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

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STATEMENT OF FACTS:

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

The applicant has one nonselection to the grade of lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board.

In August 2001, the applicant’s commander counseled him on finishing his degree and PME prior to his promotion board.  He informed him that he was behind, and a plan was drawn to complete his graduate degree and PME before May 2003.  However, in February 2002, he was diagnosed with cancer and it wasn’t until November 2002 that he was able to return to work and resume his academic work.  He finished his graduate work in July 2003 as the CY03A board convened, but was not awarded the degree until August 2003.  He is currently enrolled in Air Command and Staff College by seminar and is scheduled to complete it in May 2004.

OPR profile since 2000 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

			27 May 00	Meets Standards (MS)
			27 May 01				(MS)
		27 May 02				(MS)
		27 May 03				(MS)

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and stated the applicant had the option to write a letter to the board, and he chose not to do so until after his nonselection for promotion.  The applicant alleges he received poor advice from his previous commander when he asked if he should write a letter to the board explaining the reasons for his non-completion of his graduate degree and PME.  Their response led to his decision not to submit a letter to the CY03A board.  He believes that had he done so, the board would have taken into consideration the medical circumstances, which prevented him from completing his graduate degree and PME prior to the board. 

Eligible officers meeting central selection boards are given instructions prior to the board to carefully examine their record for completeness and accuracy.  These instructions also inform the officer they may correspond by letter to the board to call attention to any matter of record concerning them that they believe important to their consideration. Although perhaps misguided by his previous commander, the member was given the opportunity to write a letter to the CY03A board, but elected not to inform them of his medical condition.

AFPC/DPPPO complete evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete of the Air Force evaluation was forwarded to the applicant on 18 June 2004, for review and comment.  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 an error or injustice.  After thoroughly reviewing the applicant's submission, we are not persuaded that the applicant should be considered for promotion to the grade of lieutenant colonel by an SSB.  In this respect, the applicant had the opportunity, however, made a conscious decision not to exercise his right to provide a letter to the promotion board explaining his reason for not completing his master’s degree and Professional Military Education prior to the CY03A Lieutenant Colonel Central Selection Board.  The applicant did not present any creditable evidence from his previous commander to support his contention of miscounsel.  Therefore, we agree with the opinion and recommendation of the Air Force 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 probable 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-2004-00962 in Executive Session on 14 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 14 Mar 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 15 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 18 Jun 04.