RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-01610

XXXXXXXXXXXXX				COUNSEL: XXXXXXX

							HEARING: YES 

APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF), for promotion board P0515A, be replaced with a new PRF, and his corrected record be considered by a Special Selection Board (SSB).

APPLICANT CONTENDS THAT:

His previously submitted PRF does not contain a valid promotion potential assessment.  His senior rater (SR) has concurred.  The corrected PRF was submitted to the Evaluation Reports Appeals Board (ERAB), but the requested relief was denied.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force major.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  

While the applicant did file an ERAB application, the board was not convinced of an error or injustice, as the promotion board reviewed the entire record to include all evaluations.

It appears the applicant is only seeking administrative relief after his non-selection for promotion, which does not render the contested PRF invalid or erroneous.  According to AFI 36-2406, Officer and Enlisted Evaluation Systems, reflects “An evaluation is not erroneous or unfair because the applicant believes it contributed to a non-selection for promotion or may impact future promotion or career opportunities” and “The Board is careful to keep the promotion and evaluation issues separated, and to focus on the evaluation only.  The simple willingness by evaluators to upgrade, rewrite, or void an evaluation is not a valid basis for doing so.”  Additionally, “the SR bears the responsibility of selecting what to include in the PRF, and what to leave out”, “To change the promotion recommendation, the SR will need to demonstrate there was a material error in the PRF”, and “Appeals to rewrite the promotion recommendation simply to include different, but previously known or documented accomplishments will not be approved.”

Based on the documentation provided by the applicant, and analysis of the facts, there is insufficient evidence of an error or injustice.  The applicant has not provided compelling evidence to show the PRF is unjust or inaccurate as written.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Aug 18 for comment (Exhibit D), and the applicant’s counsel replied on 12 Sep 18.  The applicant’s counsel contended that AFPC ignores the central claim that there was an error in the process by which the applicant’s PRF was crafted.  The senior rater did not write the PRF consistent with prescribed Fighter Wing Writing Guides, and this failure resulted in a flawed PRF which failed to portray the applicant’s career accomplishments.  The applicant’s complete response is at Exhibit E. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board majority opinion that the applicant is the victim of an injustice.  While the Board notes the comments of AFPC/DP3SP indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions as the senior rater signed the corrected PRF and the MLR president supports the change thereby demonstrating unequivocal support that the contested PRF should be changed.  Therefore, the Board majority recommends correcting the applicant’s records as indicated below.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that 

	a.  The Air Force Form 709, Promotion Recommendation,  rendered for board P0515A be removed from his records and the attached reaccomplished Air Force Form 709 be accepted for file in its place.  

	b.  His corrected record receive Special Selection Board (SSB) consideration.

The application was adjudicated without a personal appearance.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2018-01610 in Executive Session on 18 Sep 18:

	, Panel Chair
	, Panel Member
	, Panel Member

A majority of the panel voted to correct the record.  Mr. Cate voted to deny and elected not to submit a minority opinion.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 18 Apr 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP3SP, dated 28 Jun 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 15 Aug 18.
Exhibit E:  Counsel’s Response, dated 12 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.