RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01560
		INDEX NUMBER:  131.00
		COUNSEL:  NOT INDICATED

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reconsidered for Intermediate Developmental Education (IDE).

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APPLICANT CONTENDS THAT:

His lack of Officer Performance Reports (OPRs) in the grade of major puts him at a disadvantage for IDE consideration.  His Promotion Recommendation Form (PRF) did not reflect records corrections which contributed to his IDE nonselection, and the 2-year gap in his record makes it virtually impossible to receive fair consideration for IDE. 

In support of his request, the applicant submitted a personal statement.

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air Force on 16 Jan 85, and was progressively promoted to the grade of captain.  He was retired from active duty on 1 Nov 05, due to non-selection for promotion.  He had several errors in his record which were corrected and resulted in his promotion via a Special Selection Board and return to active duty in the rank of major, with a date of rank (DOR) of 1 Jan 06.  He was also considered and not selected for IDE.  He currently serves in the grade of major.

On 9 Aug 07, his AF Form 77, Letter of Evaluation, covering the period of 2 Nov 05 through 18 Oct 06, was corrected to reflect 
the grade of major versus captain and a copy was placed in his Officer Selection Record (OSR).

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AIR FORCE EVALUATION:

AFPC/DPAF recommends denial.  DPAF states, in part, that majors only have a three-year window of eligibility for IDE consideration until in-the-promotion-zone (IPZ) for lieutenant colonel.  All candidates and selects are considered for school each year during their window of eligibility, with only selects being guaranteed a seat by the end of their eligibility window.  Also, eligibility windows are intended to allow officers to compete or be designated to in-residence DE by their next IPZ promotion board.  Since the applicant’s date of rank to major was backdated to 1 Jan 06, he is currently in his last look of eligibility for school.  He was eligible for and considered for IDE this year; however, he was not nominated for school by his senior rater.

The complete DPAF evaluation is at Exhibit C.

AFPC/DPPPEP recommends denial.  DPPPEP states in part, that in accordance with AFI 36-2608, Military Personnel Records System, AF Form 77s, Letter of Evaluation, were placed in his records to cover the gaps between evaluations for the time he was retired.  After reviewing his evaluations however, they found that based on his DOR to major, the AF Form 77 for the period of 2 Nov 05 through 18 Oct 06 should reflect the rank of major versus captain.  Therefore, that office corrected the error and no other errors were found.  

The applicant is under the misconception that the PRF is used by the IDE board to make their selection.  However, the PRF is used for promotion only and the applicant was promoted to major off the PRF.  The PRF is not used for selection for IDE.  

The complete DPPPEP evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that he has had no evaluations since Feb 2005 and none in his current grade.  He cannot compete for promotion on an even scale with his peers without records to be judged.  Due to previous errors he was completely out of the military for over a year.  

Even though his date of rank was backdated, he still has not had any evaluations and his rating chain has nothing to consider for an IDE recommendation.  

At the time of his last look he had only been back in the Air Force for three months.  His PRF was written without consideration of his corrected OPR data and written with false data in his records.  This again caused him to be unfairly considered at the time of the action.  All he has asked for is a fair opportunity for success, nothing more.

The 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices 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.

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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-2007-01560 in Executive Session on 6 Nov 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Apr 07, w/atch.
    Exhibit B.  Applicant's Officer Selection Record.
    Exhibit C.  Memorandum, AFPC/DPAF, dated 10 Jul 07.
    Exhibit D.  Memorandum, AFPC/DPPPEP, dated 9 Aug 07.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Aug 07.
    Exhibit F.  Letter, Applicant, dated 28 Aug 07.