RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00840
		INDEX CODE:  102.07
	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of lieutenant colonel be corrected to show he was promoted In-the-Primary Zone (IPZ) by his original IPZ board.

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APPLICANT CONTENDS THAT:

In November 2004, the Secretary of the Air Force (SAF) documented the existence of an error/injustice in his record which prevented him from meeting his original IPZ lieutenant colonel board along with his peers. The SAF corrected his record and then ordered that he meet a later lieutenant colonel board as an IPZ. In November 2006, he met the CY06C board as an IPZ and was selected for promotion to lieutenant colonel. However, his DOR was not corrected retroactively to compensate for and fully erase the effects of the original error/injustice. As such, he respectfully requests his DOR for his IPZ promotion to lieutenant colonel be corrected to reflect his original IPZ date had the original error/injustice not occurred. 

He is unable on his own to correct and fully erase the effects of the original error or injustice documented by the SAF in November 2004. As such, he respectfully asks the Air Force Board of Military Records (AFBCMR) to correct his DOR to reflect his original IPZ date had the original error or injustice not occurred. 

In support of this application, applicant provided a personal statement, letter from AFPC/DPPPOC, and AFBCMR Directive BC-2005-03010.

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

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STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of lieutenant colonel. The applicant met the CY06C lieutenant colonel board which convened on 28 November 2006. He was selected for promotion and is projected to pin-on lieutenant colonel      1 October 2007. 

The applicant met the 26 September 2005 Special Selection Board (SSB) which considered him for promotion by the CY00B Major Central Selection Board (CSB). The SSB was granted based on the removal of all documents and references to a Letter of Reprimand (LOR) issued to him on 2 June 2000; the removal of an Officer Performance Report (OPR) for the period 14 June 1999 through     13 June 2000; the removal of a letter to the board and correction of his CY00B major promotion recommendation form (PRF). Applicant was selected for promotion to major by SSB with a DOR and effective date of 1 May 2001.  

Based on his DOR to major of 1 May 2001, applicant would have been eligible to meet the CY05A lieutenant colonel CSB, which convened 6 July 2005 as an IPZ eligible. Since the results of the SSB were not approved until 4 November 2005 and not Senate confirmed until 18 November 2005, applicant did not meet the CY05A lieutenant colonel CSB. Had he met and been selected for promotion by the CY05A lieutenant colonel CSB, his DOR as a lieutenant colonel would have been 1 May 2006.

The applicant met the CY06A lieutenant colonel CSB which convened on 13 March 2006 as an IPZ eligible. Per AFBCMR BC-2005-03010 Directive dated 14 February 2006, any nonselections for promotion to the grade of lieutenant colonel in the primary zone before receiving a minimum of two additional OPRs with at least 250 days supervision, in the grade of major, were to be set aside. Applicant was nonselected by this board and his nonselection was voided.  

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and stated there is no evidence to suggest the applicant would have been a selectee by the CY05A lieutenant colonel CSB. The applicant’s situation and competitiveness for promotion are no different than many other officers who are promoted off an SSB with a retroactive backdated DOR and miss their promotion board. Given the fact the applicant was able to compete IPZ after his first nonselection provided him the time necessary to be competitive and earn a “Definitely Promote” (DP) recommendation. Additionally, changing the applicant’s DOR retroactive back to 1 May 2006 could harm his promotion consideration to colonel. With a DOR of 1 May 2006, he would be eligible for colonel IPZ in CY11, two years earlier than his current eligibility and may affect his competitiveness for promotion. 

No additional relevant evidence has been presented to demonstrate the existence of a probable error or injustice. Further, to grant direct promotion would be unfair to all other officers who have extremely competitive records and also did not get promoted. We do not support direct promotion. 

AFPC/DPPPO complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 2007, the applicant requested his application be temporarily closed. On 21 September 2007, the applicant requested his application be reactivated (See Exhibit E).  The applicant reviewed the Air Force evaluation and states the advisory writer’s fall back position is fraught with more potential problems and injustice. Unless his corrected CY06C lieutenant colonel CSB “as met board” record is used for an SSB, it would be impossible/unjust to recreate a record without circumventing the relief provided by the Secretary of the Air Force stemming from the original error/injustice.

For the foregoing reasons and the reasons set forth in his AFBCMR petition, the Board should correct his DOR to reflect his original IPZ date had the original error/injustice not occurred. This is the last step to fully correct injustice’s affect on his IPZ promotion to lieutenant colonel. 

Applicant’s complete response 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or unjust.  The applicant’s contentions are noted; however, in our opinion, the detailed comments provided by the Air Force Directorate of Personnel Programs Management adequately addressed those allegations. Therefore, we agree with its opinion and recommendation and adopt its rationale as the basis for our conclusion that the applicant 

has not been the victim of an error or injustice. Therefore, we believe that the corrective action previously rendered has provided full and fitting relief.

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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 Docket Number BC-2007-00840 in Executive Session on 28 November 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-000840:

	Exhibit A.	DD Form 149, dated 14 Mar 07, w/atch.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter AFPC/DPPPO, dated 4 May 07.
	Exhibit D. Letter, SAF/MRBC, dated 18 May 07.
	Exhibit E. Applicant’s Reactivation Letter, 21 Sep 07.
	Exhibit F. Applicant’s Response, 21 Sep 07. 

	XXXXXXXXXX
								Panel Chair