RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03049 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Education/Training Report rendered for the period 23 Feb 89 – 16 May 90 be revised and he be given Special Selection Board (SSB) consideration. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His AF Form 475, Education/Training Report, contains clerical errors. The terms “satisfactory, average and good,” is contradictory to his status as the #1 graduate in his class, resulting in him being less competitive for promotion. He was the #1 graduate from his Fixed Wing Qualification Training (FWQT) class and his training report should have reflected his correct graduate status. In support of his appeal, the applicant provides a copy of his AF Form 475, dated 16 May 90; a letter from his former FWQT Flight Commander, dated 13 Aug 10, and Fiscal Year 2009 (FY09) Reserve Colonels Board Results. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, while serving as a captain was rendered a Training Report (TR) for the period 23 Feb 89 through 16 May 90. He was promoted to the grade of major by the in-the-promotion zone (IPZ) Calendar Year 1994A (CY94A) Central Selection Board (CSB). He was considered and non-selected to the grade of lieutenant colonel below-the-promotion zone (BPZ) CY097C Lieutenant Colonel CSB. The applicant separated from active duty on 23 Oct 97. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial, stating, in part, that there is no evidence that the report was unjust or inaccurate. They note the training was completed over 20 years ago. Although, the applicant has provided a memorandum from his former flight commander at the time, it states that he only provided inputs to the applicant’s draft TR before sending it to leadership for signature. However, in accordance with the governing instruction, it is at the discretion of the evaluator who is designated to sign as the evaluator on the TR to determine what is placed on the evaluation. Even though the flight commander provided input, it is not mandatory for the evaluator to use the inputs provided. In addition, they note, to successfully challenge the validity of an evaluation report, it is important to hear from the evaluators, not necessarily for support, but for clarification/explanation. The applicant has not provided such documentation. Without this, they concluded the TR is accurate as written. The complete AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSOO recommends denial. They note their recommendation to deny SSB consideration is based on DPSID’s recommendation to deny a change to the TR. In addition, given the unlikelihood of success on the merits, they strongly recommend the Board find that it would not be in the interest of justice to excuse the delay, and deny the application as untimely. The complete DPSOO evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Nov 10 for review and comment within 30 days. As of this date, no response has been received by this office (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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation 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 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. ________________________________________________________________ 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-2010-03049 in Executive Session on 28 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 4 Oct 10. Exhibit D. Letter, AFPC/DPSOO, dated 14 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.