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AF | BCMR | CY2004 | BC-2004-00294
Original file (BC-2004-00294.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00294
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the  grade  of  colonel  by  Special
Selection Board (SSB) for the  Calendar  Year  2002B  Colonel  Central
Selection Board (CSB), his  two-year  below-the-promotion  zone  (BPZ)
consideration, with inclusion of  the  Air  Force  Commendation  Medal
(AFCM), Third Oak Leaf  Cluster  (3OLC)  for  the  period  closing  13
January 1997, and Air Force Achievement Medal (AFAM) (Basic), for  the
period closing 8 January 1999, in his Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he requested a copy of his promotion record folder that  met  the
CY02B promotion board, the “As Met” record did not contain an accurate
picture of his performance to that date.  Thus, he  does  not  believe
the board had  all  available  information  to  determine  if  he  was
eligible or able to serve in the higher grade.

In support of the appeal, applicant submits a  personal  statement,  a
Memorandum for Record from AFPC, a Records Review  Listing,  “As  Met”
record for the CY02B promotion board, a copy of his AFCM (3OLC), and a
copy of his AFAM.  Applicant's complete submission, with  attachments,
is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel.  Applicant  was  considered  BPZ  by  the
CY02B (3 December 2002) and CY03B (27 October 2003) CSBs, and was  not
selected for promotion to the grade of colonel.  The  applicant’s  OPR
profile since 1991, follows:

       PERIOD ENDING              EVALUATION OF POTENTIAL

          1 Jul 91         Meets Standards (MS)
          1 Jul 92                  MS
         31 Aug 93                  MS
         30 Jun 94                  MS
          9 Mar 95                  MS
          9 Mar 96                  MS
          9 Mar 97                  MS
          9 Mar 98                  MS
          9 Mar 99                  MS
          9 Mar 00                  MS
          9 Mar 01                  MS
          3 Jun 02     Education/Training Report (TR)
          8 Dec 02              MS

_________________________________________________________________

AIR FORCE EVALUATION:

In reference to the applicant’s  contentions  AFPC/DPPPO  states  that
although the citations for the  AFCM,  3OLC,  and  AFAM  (Basic)  were
missing from the applicant’s  OSR  for  the  CY02B  board,  the  board
members were aware of the decorations  as  they  were  listed  on  the
applicant’s Officer Selection Brief (OSB) and thus, factored into  the
promotion  evaluation.   Furthermore,  each   eligible   officer   for
promotion receives an Officer Preselection  Brief  (OPB)  90-100  days
prior to the CSB convening date.  The additional instructions attached
to the OPB instruct the officer to  ensure  his  record  contains  all
awarded decoration citations.  If any are missing, he  should  provide
copies to his Military Personnel Flight for transmittal to AFPC/DPPBR1
for inclusion in his OSR.  In this case, the applicant did not provide
any documentation demonstrating that he  exercised  due  diligence  in
ensuring these missing citations  were  filed  in  his  OSR  prior  to
convening of the CY02B board.  In addition, they  want  to  point  out
that the AFCM, 3OLC, and AFAM (Basic), were also  listed  on  his  OSB
that met the CY99A (19 April 1999) Lieutenant Colonel CSB (board  from
which he was  selected  for  promotion  to  lieutenant  colonel),  but
apparently the citations were not filed in his OSR.  Since it  is  the
officer’s responsibility to ensure the accuracy of  his  record,  they
believe that had he checked his OSR prior to the CY99A and CY02B  CSBs
he  would  have  noticed  the  missing  citations  and  taken   timely
corrective action.   The  citations  for  the  AFCM,  3OLC,  and  AFAM
(Basic), were filed in the applicant’s OSR on 28 October 2003.

In summary, AFI 36-2501, paragraph 6.3.2.2, states “Do not have an SSB
if, by  exercising  reasonable  diligence,  the  officer  should  have
discovered the error or  omission  and  could  have  taken  corrective
action before the originally scheduled board convened.”  They  do  not
believe  the  applicant  exercised   reasonable   diligence   in   the
maintenance of his record; therefore, they  recommend  denial  of  the
applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response 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 probable error or  injustice.   After  reviewing  the
evidence of record, the majority of the Board is  not  persuaded  that
the applicant’s records are in error or that he has been the victim of
an injustice.  His contentions are noted; however, it is  the  opinion
of the majority of the Board that the detailed  comments  provided  by
the appropriate Air Force office adequately address those allegations.
 Therefore, the majority of the Board agrees  with  the  opinions  and
recommendation of the Air Force and  adopts  their  rationale  as  the
basis for the conclusion that the applicant has not been the victim of
an error or injustice.  In the absence of evidence  to  the  contrary,
the majority of the Board  finds  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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  this  application  in
Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            MR. Michael J. Novel, Member
            Ms. Kathleen F. Graham, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Petkoff voted to correct the records but does not desire to submit
a Minority Report.  The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 12 Jan 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 2 Mar 04, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair






AFBCMR BC-2004-00294





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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