RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01307

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel by a
Special Selection  Board  (SSB)  for  the  CY01B  (P0501B)  Lieutenant
Colonel Central Selection Board, with a  corrected  Officer  Selection
Brief (OSB).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Preselection Brief  (OPB)  properly  documented  his  duty
progression from Chief, Missile Defense Branch,  to  Chief,  Aerospace
Platforms Branch.  However, the effective dates were incorrect, but he
failed to detect those subtle errors during his review.  After he  was
nonselected for promotion, he noticed his OSB showed a duplicate entry
for his duty title as Chief, Missile  Defense  Branch,  and  his  duty
title as a Space Test Capability Requirements Officer was missing.  He
made several attempts to have his record corrected.  His duty  history
has subsequently been administratively corrected.

The duplicate and missing data entries in the assignment history block
of his OSB may have implied a regression in his  responsibilities  and
could have sent a negative message to the board members  resulting  in
his nonselection for promotion.

In support of his request, applicant submits a  chronological  history
of events, copies of his OPB and OSB, his  Evaluation  Reports  Appeal
Board  (ERAB)  application  and  response,  and  additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 21 October 1977.  He is currently serving on  active  duty
in the grade of major, with an effective date and date of  rank  of  1
June 1998.

The following is a  resume  of  the  applicant’s  Officer  Performance
Report (OPR) ratings subsequent to  his  promotion  to  the  grade  of
major.

            Period Ending    Evaluation

                5 Apr 99     Meets Standards (MS)
               13 Aug 99     Education/Training Report
                5 Apr 00         MS
            #   5 Apr 01         MS
            ##  5 Apr 02         MS
            ### 5 Apr 03         MS
                5 Apr 04         MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY01B  Lieutenant  Colonel
Central Selection Board, which convened on 5 November 2001.

## Top report at the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY02B  Lieutenant  Colonel
Central Selection Board, which convened on 12 November 2002.

### Top report at the time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY03A  Lieutenant  Colonel
Central Selection Board, which convened on 8 July 2003.

A similar appeal by the applicant, under Air Force  Instruction  (AFI)
36-2401, was considered and returned without action by the  Evaluation
Report Appeal Board (ERAB) on 17 January 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAS states the applicant’s duty  history  currently  reflects
correctly in MilPDS as indicated by the Duty Titles in his OPRs.   The
HQ AFPC/DPAS evaluation is at Exhibit C.


HQ AFPC/DPPPO recommends the application be denied since the applicant
failed to exercise reasonable diligence in  ensuring  his  record  was
accurate prior to the selection board.  DPPPO states the errors  cited
by the applicant were  discoverable  and  fixable  had  the  applicant
carefully reviewed his OPB.  The errors have been corrected in  MilPDS
to reflect the following effective dates and duty titles:  6  Apr  01-
Ch, Aerospace Platforms Branch, 1 Aug 00-Ch, Missile  Defense  Branch,
and 30 Sep 99-Space Test Capability Rqmt Officer.  The  HQ  AFPC/DPPPO
evaluation, with attachment, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
August 2004 for review and response.  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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an injustice.  We  took  notice  of  the  applicant’s
complete submission in judging the merits of the case.   We  note  the
problems the applicant identified concerning  his  assignment  history
were administratively corrected.  We did not find this  administrative
correction  to  be  of  such  significance  as  to   merit   promotion
consideration by a  Special  Selection  Board  (SSB).   The  applicant
acknowledged he did not discover the duty history inconsistencies when
he reviewed his Officer Preselection Brief (OPB) and that it was  only
after  he  was  nonselected  for  promotion  did   he   discover   the
discrepancies.  In this respect, we believe it was his responsibility,
at the time he reviewed his OPB, to pursue the record corrections.  In
our opinion, the applicant failed  to  exercise  proper  diligence  to
ensure his records were corrected in a timely manner.  Further,  since
selection boards evaluate the entire officer record, applicant’s  duty
history was available for review on the  Officer  Performance  Reports
(OPRs) when he was considered for promotion by  the  CY01B  Lieutenant
Colonel Central Selection Board.  In view of  the  above,  it  is  our
opinion that the impact of the administrative errors on his  selection
brief on his promotion opportunity was, for all intents and  purposes,
harmless.  Therefore, absent evidence that would lead  us  to  believe
that the selection board in question was unable to make  a  reasonable
decision concerning his promotability in relation  to  his  peers,  we
find no  basis  to  recommend  granting  the  relief  sought  in  this
application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  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  this  application  in
Executive Session on 30 September 2004, under the provisions of AFI 36-
2603:

                  Mr. Edward H. Parker, Panel Chair
                  Ms. Deborah A. Erickson, Member
                  Ms. Janet I. Hassan, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-01307.

   Exhibit A.  DD Form 149, dated 16 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAS, dated 1 Jun 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 20 Aug 04, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Aug 04.




                                   EDWARD H. PARKER
                                   Panel Chair