SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01311 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His Officer Performance Report (OPR), rendered for the period ending 20 Jun 03, be declared void and removed from his records. 2. His duty title, as reflected on his OPR rendered for the period ending 20 Jun 04, and his Promotion Recommendation Form (PRF), prepared for the Calendar Year 2004C Colonel Central Selection Board (CSB), be changed to reflect “Deputy Command Chaplain.” 3. His corrected record be considered for promotion to the grade of colonel (O-6) by a Special Selection Board for the Calendar Year 2004C (CY04C) (PO604C) Colonel Central Selection Board (CSB). ________________________________________________________________ _ RESUME OF CASE: By application dated 28 Mar 07, the applicant requested corrective action to reflect his OPR for the period ending 20 Jun 03 be removed and that his corrected record be considered for promotion by a Special Selection Board (SSB) for the Calendar Year 2004C (CY04C) Colonel Central Selection Board (CSB). On 5 Sep 07, the Board considered and denied the applicant’s appeal. A complete copy of the Record of Proceedings is attached at Exhibit F (with Exhibits A through E). By virtue of his letter dated 18 Jun 09, the applicant requested reconsideration of his request for removal of the contested OPR; as well as new requests for his duty title, as reflected on his OPR rendered for the period ending 30 Jun 04, to be changed to read “Deputy Command Chaplain;” and direct promotion to the grade of colonel (O-6). On 14 Oct 09, a majority of the Board denied his requests. For an accounting of the facts and circumstances surrounding the rationale of the Board, see the Addendum to Record of Proceedings at Exhibit G. By a letter dated 10 May 10, the applicant requests that his OPR, rendered for the period ending 20 Jun 04, and his PRF, prepared for the Calendar Year 2004C (CY04C) Colonel Central Selection Board (CSB), be corrected to reflect that he served as the Deputy Command Chaplain, and that his corrected record be considered for promotion to the grade colonel by an SSB for the FY04C Colonel CSB. He contends that he served as the Deputy Command Chaplain and that such service should have been emphasized in his record before the promotion board. In support of his request, the applicant submits a supporting statement from the Air Force Chief of Chaplains (Exhibit H). ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/DPSID recommends denial. DPSID states DPSIDEP reviewed the applicant’s documentation and determined the additional documentation does not support the contested time period. The complete AFPC/DPSID evaluation is at Exhibit I. HQ AFPC/DPSOO recommends denial. DPSOO stands by their previous recommendation to deny the applicant’s request for SSB. The complete AFPC/DPSOO evaluation is at Exhibit J. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 18 Jul 11 for review and comment within 30 days. The Board staff received the applicant’s copies of the Air Force evaluations as returned mail. On 3 Aug 11, copies of the Air Force evaluations were mailed to the applicant’s new address for review and comment with 30 days. As of this date, no response has been received by this office. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. In an earlier finding, the Board determined there was insufficient evidence to warrant removal of the OPR rendered for the period ending 20 Jun 03. After thoroughly reviewing the Board’s prior decision and the most recent supporting documentation, we do not find this documentation sufficiently persuasive to override the Board’s previous determination. We again find the contested OPR was appropriately rendered based upon the raters’ assessment of the applicant’s performance and demonstrated potential during the period in question. Therefore, in absence of evidence to the contrary, we find no basis to recommend favorable consideration of his request to remove the contested OPR. In reviewing the complete record, we note the applicant previously requested direct promotion to the grade of colonel (O-6), contending he was the victim of sustained discrimination and mistreatment at the hands of certain officials within the Air Force Chaplain Corps, which served to deprive him of opportunities for increased responsibility and unfairly undermined his competitiveness for promotion. However, while the Board previously denied this request, we note the Board’s rationale for doing so was not adequately stated. After a thorough review of the entire record, including the applicant’s complete submissions, we find it insufficient to support the applicant’s claim. While he has submitted a number of statements indicating there was animus toward him by certain individuals within the Air Force Chaplain Corps, in our view, he has not met his burden to demonstrate the animus on the part of these individuals served to deprive him of progressive assignments that would have made his promotion more likely and thus rendered him the victim of error or injustice. Noticeably absent from the applicant’s submission is any independent formal corroboration of his assertions such as Inspector General (IG) or Military Equal Opportunity (MEO) investigations and substantiation. We would remind the applicant that this Board is not an investigative body and often relies on the investigative results of organizations such as the IG or MEO. However, it is the applicant’s responsibility to pursue relief through these forums. Additionally, the prevailing view of this board is that direct promotion should only be granted as a remedy under the most extenuating circumstance where the evidence clearly shows an individual did not and is not able to get fair and equitable consideration for promotion by a duly constituted promotion board. Nonselection for promotion, in and of itself, does not establish the existence of such circumstance. Therefore, we do not find a basis here to recommend the applicant’s direct promotion to colonel. 2. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s duty title as reflected on the OPR rendered for the period ending on 30 Jun 04. In this respect, the majority notes the supporting statement included with the applicant’s instant submission from the Air Force Chief of Chaplains indicating the applicant served in the noted position during the reporting period in question. Therefore, the majority believes it is appropriate to correct the duty title as reflected on the OPR and allow the applicant the opportunity to have his corrected records considered by an SSB for the CY04 Colonel CSB and for any other boards for which the contested OPR was a matter of record. While we note the applicant is also requesting that that his PRF prepared for consideration by the CY04 Colonel CSB be corrected to reflect this duty title, we are not convinced the PRF is erroneous. Even though the majority believes it appropriate to change the OPR closing 24 Jun 04 to reflect the duty title of “Deputy Command Chaplain,” there is no evidence to indicate the applicant was still serving as the Deputy Command Chaplain when the PRF in question was prepared and considered by the aforementioned promotion board. Furthermore, absent any support from the senior rater or the Management Level Review (MLR), we are not convinced the applicant has suffered an error or injustice in this regard. Accordingly, we believe making the noted correction to the OPR and having his corrected record considered for promotion by an SSB represents full and fitting relief in this case. Therefore, to preclude the possibility of an injustice to the applicant, we recommend the records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his duty title, as reflected in Block 1, Duty Title, of his AF Form 707A, Field Grade Officer Performance Report (Maj Thru Col), rendered for the period 21 June 2003 through 20 June 2004, be corrected to reflect “Deputy Command Chaplain.” It is further recommended that his corrected record, to include the corrected OPR, be considered for promotion to the grade of colonel (O-6) by a Special Selection Board (SSB) for the Calendar Year 2004C (FY04C) Colonel Central Selection Board (CSB). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007-01311 in Executive Session on 28 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board recommended granting the applicant’s request that his OPR closing 30 Jun 04 be corrected and the applicant’s corrected records be considered for promotion by an SSB. voted to deny the request but does not desire to submit a Minority Report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01311 was considered: Exhibit I. Letter, Applicant, dated 10 May 10, w/atch. Exhibit J. Letter, AFPC/DPSID, dated 5 May 11. Exhibit K. Letter, AFPC/DPSOO, dated 25 May 11. Acting Panel Chair