RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03833 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His duty title and duty location be changed – administratively corrected. 2. He be allowed to meet a Special Selection Board (SSB) for consideration by the S0610A (30 Aug 10) Selective Early Retirement Board (SERB) with a corrected Officer Selection Brief (OSB). _________________________________________________________________ _ APPLICANT CONTENDS THAT: His OSB was not accurate at the time he met the SERB. He was notified on 5 Oct 10 of the SERB decision that he must retire by 1 Feb 11. However, his records were inaccurate at the time the SERB convened. His past and current duty history is inaccurate. He was the Group Commander of the Inter American Air Forces Academy at Lackland AFB, but his OSB did not reflect that information. He wishes to be allowed to finish his career as the Group Commander of IAAFA and then retire in 2012. In support of his request, the applicant provides a copy of AF IMT 35, Request and Authorization for Assumption of/Appointment to Command, and a copy of his AF Form 899, Request and Authorization for Permanent Change of Station – Military. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ _ STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of colonel (0-6) until 1 Feb 11. Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPAO recommends changing the applicant’s duty title as Group Commander for the IAAFA, effective 28 Jul 10. DPAO states that at the time the applicant met the SERB his records did not correctly reflect his current duty as Group Commander; however, the applicant provided documentation showing his assumption of command on 28 Jul 10. DPAO notes there is no pending duty title request in the system. The DPAO complete evaluation is at Exhibit B. AFPC/DPTOS states that after reviewing the applicant’s request and DPAO’s recommendation, they changed the applicant’s duty title and location as Group Commander at IAAFA, effective 28 Jul 10. The DPTOS complete evaluation is at Exhibit C. AFPC/DPSOO recommends denial of the SSB. DPSOO states the applicant did not exercise due diligence in ensuring his records were accurate prior to the board convening. DPSOO notes that eligible officers meeting the S0610 SERB were provided their OSB several months prior to the board convening. If any errors were found on the OSB, the member should have taken corrective action prior to the selection board, not after. In this case, the applicant has not shown that he exercised reasonable diligence to ensure the data in the Assignment History Section was correct prior to convening of the board. In addition, members meeting the SERB had the option to submit a letter to the board president addressing any matter of record concerning themselves that they believe is important to their consideration for retention. As such, the applicant could have written a letter to the board. The DPSOO complete evaluation is at Exhibit D. _________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating he was deployed in Mar-Apr 10; however, when he returned in late April, early May, to HQ 12th AF where he served as Chief of Staff, he was informed that he would meet the Colonel SERB. At that time, he gathered all pertinent information to include his OSB (which was accurate at the time) to build his SERB package. He was relocated in Jun 10 to IAAFA as the Commandant; his Officer PerformanceReport (OPR)closed out on 23 Jun 10 as the Chief of Staff of 12thAF, and his change of command was scheduled for the same day as the SERB, 28Jul 10. He wrote a letter to the SERB explaining the fact that his latestduty change might not be reflected in his records. He was informed the SERB slipped one month to Aug 10. He submitted an update tohis OSB; however, he also wrote another letter to the SERB stating that he was now in command. The DPSOO letter makes a judgment that is extremely inaccurate and presumptuous by stating he did not exercise due diligence in the review and update of his records. He points out that if you notice the OSB dated 26 Aug, someone inserted an erroneous job title dated 22Jun 10, one day prior to his final OPR, which closed out on 23Jun 10 as Chief of Staff with 12thAF. In fact, when the input was made, two unknown organizationsalso appearwhich were not depicted that way on any of his previous OSBs he reviewed. He feels there was some foul play that was unknown to him. It is obvious someone slipped in an inaccurate job title one day prior to his Chief of Staff OPR date. He did not initiate this recordsupdate or confusion, especially right before a SERB. He feels his OSB was tampered with and respectfully requestsconsiderationby a SSB. _ THE BOARD CONCLUDES THAT: 1.The applicant has exhausted all remedies provided by existinglaw or regulations. 2.The application was timely filed. 3.Insufficient relevant evidence has been presented to demonstrate the existence of error or injusticewith regard to the applicant’s request to meet an SSBwith a corrected OSB. We took careful notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility. In this respect, the Board majority does not find the evidence presented by the applicant sufficient to warrant reconsideration of his record by an SSB. Although he notes that he exercised due diligence by providing letters to theSERB, he has not provided any supporting documentationto substantiate his claims. Furthermore, even though AFPC/DPTOS changed the applicant’s duty title and location as Group Commander at IAAFA, based on the totality of the information in his OSB,the Board majority finds 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ _ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-BC-2010-03833 in Executive Session on 5 May 11, under the provisions of AFI 36-2603: Panel Chair Member Member By a majority vote, the members voted to deny the request. XXX voted to correct the record and did not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Oct 10, w/atchs. Exhibit B. Letter, AFPC/DPAO, dated 27 Oct 10. Exhibit C. Letter, AFPC/DPTOS, dated 8 Nov 10. Exhibit D. Letter, AFPC/DPSOO, dated 2 Dec 10. Exhibit E. Letter, SAF/MRBR, dated 7 Jan 11. Exhibit F. Letter, Applicant, not dated. Panel Chair