RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02844 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to reflect that he was not twice passed over for promotion to the rank of captain, but was promoted to captain. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unfairly passed over twice for promotion to captain, despite having excellent Officer Performance Reports (OPRs). He met and surpassed all leadership and training requirements for an officer at his rank. He is not aware of any negative information in his records, as none existed. He was at a disadvantage either because his personnel records were missing pertinent information or the promotion board members were unprepared. He was never given an adequate explanation as to why he was not selected by the promotion board. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served as a Physician Assistant at MacDill AFB, FL during the period of time in question. The applicant received a referral OPR for the period 29 Apr 94 through 28 Apr 95, on which he was marked as “Does Not Meet Standards” for Professional Qualities. The OPR included bullets which read “When required, could accelerate his pace to the level necessary to keep patients waiting time to a minimum,” and “Through dedication, experience, and more training, will pass his physician assistant board certification and become a competent medical provider.” The applicant was passed over for promotion to captain multiple times, but due to the fact he had attained more than 18 years of satisfactory service, he was retained until eligible for retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial, indicating there is no evidence of an error or injustice. The applicant was considered, but not selected, by the FY99 USAF Reserve Captain Promotion Board, the FY00 USAF Reserve Captain Promotion Board, and the FY01 USAF Reserve Captain Promotion Board. The objective of the Reserve promotion process is to promote fully qualified officers to serve in the next higher grade. Promotion is a competitive process and the final recommendation is determined through a fair and equitable process by the board members. There was no error found in the applicant’s record, so there is no relief to grant. His record was afforded fair and equitable treatment by three separate USAF Reserve promotion boards, and he was not selected for promotion. The applicant retired on 2 Apr 01. A complete copy of the ARPC/PB evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant repeats his initial contention he was a fully qualified officer, and states his commander made threats and racially discriminating remarks to him and “black listed” him because he was a single father. It did not matter that he had the best record of professional and clinical skills and patient satisfaction at the clinic, the commander gave him a referral OPR. He also includes an extensive review of his life and military career, and two letters of support from acquaintances (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, to include the applicant’s rebuttal to the Air Force advisory, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Other than his own uncorroborated assertions, the applicant has provided no evidence whatsoever to indicate that he was somehow deprived of full and fair consideration for promotion. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02844 in Executive Session on 20 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jun 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/PB, dated 23 Jul 12. Exhibit D. Letter, SAF/MRBR, dated 7 Aug 12. Exhibit E. Letter, Applicant, dated 5 Sep 12, w/atchs.