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AF | BCMR | CY2005 | BC-2005-00275
Original file (BC-2005-00275.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00275
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 JULY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2004B
(CY04B) Central Lieutenant Colonel Selection Board be corrected  to  include
a letter to the  board  informing  them  of  three  significant  awards  not
mentioned in his OSR and that he be considered for promotion  to  the  grade
of lieutenant colonel by a Special Selection Board (SSB)  for  the  Calendar
Year 2004B (CY04B) Central Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Two  of  three  significant  awards  were  Group  level  Communication   and
Information and Sijan  awards  that  were  omitted  from  his  January  2004
Officer Performance Report (OPR), which was the top OPR that met the  board.
 He identified these three awards early in the promotion  selection  process
and  was  advised  to  provide  supporting  documentation  which  would   be
forwarded with his Promotion Recommendation  Form  (PRF).   He  was  led  to
believe a letter to the  board  was  not  necessary,  since  the  supporting
documentation would travel with his PRF.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major effective and with a date of rank (DOR) of 1 October 2000.




The applicant was considered and not selected for promotion to the grade  of
lieutenant colonel by the CY04B Central Lieutenant Colonel Selection  Board,
which convened on 12 July 2004.
OPR profile since 1997 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 19 Dec 97     Meets Standards (MS)
                 19 Dec 98                   (MS)
                 19 Dec 99                   (MS)
                 10 Jan 01                   (MS)
                 10 Jan 02                   (MS)
                 20 Jan 03                   (MS)
                *  20 Jan 04                 (MS)

* Top Report for the CY04B Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated  the  applicant  submitted  a
previous appeal under the provisions of AFI 36-2401, Correcting Officer  and
Enlisted Evaluation Reports, to amend his 20 January  2004  OPR  to  include
the group level Lance P. Sijan and Communications  and  Information  Awards,
and a corrected Duty Air  Force  Specialty  Code  (DAFSC).   The  Evaluation
Reports  Appeal  Board  (ERAB)  determined  the  report  only  contained  an
incorrect DAFSC.  His request to include the awards was denied due  to  lack
of rating chain support.

The applicant contends that he was led to believe a letter to the board  was
not necessary since  the  supporting  documentation  for  the  awards  would
travel with his PRF.  They do not accept this argument since the member  was
provided a copy of the PRF at least 30 days prior to the CSB.  As stated  in
the instructions printed on the form, the officer should review  his  record
of performance  (ROP),  Officer  Preselection  Brief  (OPSB),  and  PRF  for
accuracy, and must contact his senior rater if  the  PRF  is  not  accurate,
omits pertinent  information  or  has  an  error.   Therefore,  the  alleged
omission of information was discoverable prior to  the  CSB.   However,  the
applicant provides no documentation to support his attempts to  resolve  the
issue prior to the board.

Moreover, since the results of the original CY04B  board  were  based  on  a
complete review of the applicant’s entire selection record, assessing  whole
person factors such as job performance, professional  qualities,  depth  and
breadth of experience, leadership, and education,  they  are  not  convinced
the absence of a letter to the board addressing the alleged missing  awards,
caused his promotion nonselection.



DOD policy delivered via 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.”    After   thoroughly
reviewing his  case,  they  do  not  believe  the  applicant  exercised  due
diligence in the maintenance of his record.  Additionally, if the  applicant
believes his 20 January 2004 OPR is inaccurate; they recommend  he  resubmit
an appeal with the required supportive documentation, under  the  provisions
of 36-2401, Correcting Officer and Enlisted Evaluation Reports.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 March 2005, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or an injustice.  The applicant  contends  that  early
in the promotion selection process he identified three  missing  awards  and
was advised to provide supporting  documentation  that  would  be  forwarded
with his PRF.  He was led to believe a letter to  the  board  president  was
not necessary since the supporting documentation would travel with his  PRF.
 He further indicated two of the awards were omitted on his OPR  closing  20
January 2004.  After reviewing the evidence of record, the Board is  of  the
opinion that the applicant may not have been properly advised regarding  the
use of the award information in the PRF process.  It appears  the  applicant
fully believed these  awards  would  be  reflected  on  his  PRF.   Clearly,
however, it is the  prerogative  of  the  senior  rater  regarding  what  is
included on the PRF.  Although the applicant does not  indicate  what  steps
he took to resolve this matter before the convening of the  selection  board
in question, the Board believes the applicant should have been  provided  an
opportunity to write a letter to the board president informing  him  of  his
accomplishments.  We cannot conclusively determine whether or not  the  fact
that these accomplishments were not mentioned in either the PRF or  the  OPR
closing 20 January 2004 was the sole reason  for  applicant’s  non-selection
for promotion by the board in question, however, we do believe  it  deprived
him of  fair  and  equitable  consideration.   Therefore  we  recommend  the
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, provided he  writes  a  letter  to  the  board  president,  be
considered for promotion to the grade of lieutenant  colonel  by  a  Special
Selection Board for the  Calendar  Year  2004B  Central  Lieutenant  Colonel
Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
00275 in Executive Session on 21 April 2005, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Alan A. Blomgren, Member
                  Ms. Renee M. Collier, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 January 2005, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 7 March 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 18 March 2005.




                 RICHARD A. PETERSON
                 Panel Chair







AFBCMR BC-2005-00275




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to  , provided he writes a letter to the board president, be
considered for promotion to the grade of lieutenant colonel by a Special
Selection Board for the Calendar Year 2004B Central Lieutenant Colonel
Selection Board.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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