RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-00954 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His attached Promotion Recommendation Form (PRF) be included in his Officer Selection Record for consideration for promotion to colonel by the Calendar Year 2005A Lieutenant Colonel Central Selection Board. 2. His Officer Selection Brief (OSB) be amended to include his completion of Air Command and Staff College (ACSC). 3. His records be considered by a Special Section Board (SSB) for the Calendar Year 2005A (CY05A) Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: In 2001, he was unjustly passed-over for promotion to the grade of major; however, he was able to provide evidence that allowed him to petition the Air Force Board of Correction for Military Records (AFBCMR). AFBCMR Docket Number BC-2002-03181 documents the injustice and provided him with relief. He was subsequently promoted to the grade of major by an SSB and completed ACSC; however, this occurred after the CY05A CSB met. Due to the lengthy process of correcting his record and meeting the SSB, he missed his original in-the-zone CY05A Lieutenant Colonel Board and did not have the opportunity to enroll in and complete ACSC prior to the CY05A Board. He contacted his senior rater and asked him to accomplish a PRF, which is attached. In support of his request, the applicant provides a copy of a personal statement, a copy of Air Force 709, Promotion Recommendation Form, and a copy of email communications. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 Oct 04, the AFBCMR granted the applicant’s request to remove or amend his Letter of Reprimand (LOR); Officer Performance Report (OPR); the letter written by him to the President of the CY00B Major Central Selection Board; his PRF by replacing line 9; and directed he be considered by promotion to the grade of major by an SSB. The ROP and Directive Word documents are attached at Exhibit B (tabbed BC-2002-03181). On 21 Dec 07, the AFBCMR denied the applicant’s request to have his date of rank (DOR) to the grade of lieutenant colonel corrected to show he was promoted In-the-Primary Zone (IPZ) by his original IPZ Board, see Record of Proceedings at Exhibit B (tabbed BC-2007-00840). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOO recommends granting the applicant’s request for SSB consideration. Based on the applicant’s DOR of 1 Jun 01 to major, he would have been IPZ eligible to meet the CY05A Lieutenant Colonel Board, which convened 6 Jul 05. Since the results of the SSB were not approved until 4 Nov 05 and not confirmed by the Senate until 18 Nov 05, the applicant did not meet the CY05A promotion board. Therefore, they believe he should meet an SSB. AFPC/DPSOO recommends denying his request to correct his OSB to show he completed ACSC. The applicant did not complete the course prior to the board convening. His situation is no more unique than many other officers who are promoted by an SSB with a retroactive DOR and miss their primary promotion board or are immediately eligible for promotion to the next higher grade. Additionally, the applicant can write a letter to the board explaining why he had been unable to complete ACSC prior to the board. The complete DPSOO evaluation is at Exhibit C. AFPC/DPSIM recommends approving the applicant’s request to have the newly created P0505A PRF available for the SSB. The applicant has demonstrated that there was an injustice in not meeting the original board that he should have met. The complete DPSIM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Apr 13 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 injustice to warrant amending the applicant’s OSB to include his completion of ACSC. 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 office of primary responsibility (OPR) to provide the applicant SSB consideration, during which he will be provided an opportunity to write a letter to the board explaining why he had been unable to complete ACSC prior to the board. Therefore, we find no basis to recommend granting his request to amend his OSB to reflect that he completed ACSC. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant inclusion of the proposed PRF in his Officer Selection Record (OSR) and providing him SSB consideration. In this respect, we note that as a result of a previous petition to this Board, which was favorably considered, the applicant’s corrected record was provided SSB consideration. Given the applicant’s DOR of 1 Jun 01 to major, he would have been IPZ eligible to meet the CY05A Lt Col Board; however, since the results of the SSB were not approved until 4 Nov 05 and not confirmed by the Senate until 18Nov 05, he did not meet this board. In view of this, the Air Force OPRs has determined that since the results of the SSB were not approved until after the CY05A Lt Col board, there was an injustice in the applicant not meeting the original board that he should have met. Therefore, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2005A (CY05A) Central Lieutenant Colonel Selection Board was accepted for file in his Officer Selection Record on 5 July 2005. It is further recommended that the corrected record, to include the attached PRF, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY05A Lieutenant Colonel Central Selection Board. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-00954 in Executive Session on 6 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for was considered: Exhibit A. DD Form 149, dated 7 Mar 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, undated. Exhibit D. Letter, AFPC/DPSID, dated 24 Jan 13. Exhibit E. Letter, SAF/MRBR, dated 6 Apr 13. Panel Chair