RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00312

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  29 JULY 2006
_________________________________________________________________


APPLICANT REQUESTS THAT:

1.  His Officer Selection Record (OSR) be  corrected  to  include  his
Meritorious Service Medal (MSM), for the period 15 April  1997  to  30
December 1999, and AF Form 77, Supplemental Evaluation Sheet, dated 15
May 1989.
[EXAMINER’S  NOTE:   The  AF  Form  77  was   subsequently   corrected
administratively by the ERAB and a corrected report (AF Form 475)  was
placed in the applicant’s OSR - refer to Exhibit C.]

2.  His Officer Selection Brief (OSB) be corrected as follows:

Overseas Duty History Section - show assignment to Howard AFB, Panama,
with inclusive date of 26 April 1983 to 1 November 1985.

Assignment History Section -  delete  the  entire  assignment  history
entry with the effective date of 1 November 1985.
[EXAMINER’S  NOTE:   This  portion  of  the  applicant’s  request  was
subsequently corrected administratively as evidenced by the P0504B OSB
at Exhibit B.]

3.  The Overall Recommendation of his  Promotion  Recommendation  Form
(PRF) rendered for the  P0502B  selection  board  be  changed  from  a
“Promote” to a “Definitely Promote.”

4.  He be considered for promotion to the grade of lieutenant  colonel
by a Special Selection Board (SSB) for the  CY02B  (12 November  2002)
Lieutenant  Colonel  Central  Selection  Board  (P0502B),   with   his
corrected record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His records  were  flagged  due  to  a  missing  MSM,  which  unfairly
prejudiced the selection board against his  record.   In  addition,  a
Supplemental  Evaluation  Sheet  in  which   he   was   cited   as   a
“Distinguished Graduate” and praised for other important  achievements
was not included in his selection folder.  Both items were significant
achievements that were not fairly  documented.   As  a  result  of  an
incomplete record,  he  was  not  given  proper  consideration  for  a
“Definitely Promote” overall recommendation on his PRF.

In support of his request, applicant  submits  a  personal  statement,
copies of his OSB, contested PRF, Board  Discrepancy  Report  for  the
P0502B Board, MSM, AF Form 77 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:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
17 April 1987.  He is currently serving on active duty in the grade of
major, with an effective date and date of rank of  1  September  1998.
The following is a resume of  his  Officer  Performance  Report  (OPR)
ratings subsequent to his promotion to that grade.

            Period Ending    Evaluation

                24 Feb 98    Meets Standards (MS)
                24 Feb 99         MS
                30 Dec 99         MS
                30 Dec 00         MS
            #   30 Dec 01         MS
            ##  30 Dec 02         MS
                30 Dec 03         MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to lieutenant  colonel  by  the  CY02B  (P0502B)  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  (P0503A)  and  CY04B
(P0504B) Lieutenant Colonel Central Selection Boards,  which  convened
on 8 July 2003 and 12 July 2004 respectively.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP does not believe the applicant exercised due  diligence
in the  maintenance  of  his  record;  therefore  they  recommend  the
application be denied.  DPPPEP has determined the MSM was not filed in
the applicant’s record at the time  of  the  P0502B  board  -  it  was
accepted to file on 12 April 2004.  However, the entry for  the  award
is reflected on the OSB; therefore, the board  members  had  knowledge
that  the  decoration  existed.   DPPPEP  indicates  that  the   board
discrepancy report did not prejudice the applicant’s case.  The intent
of the Memorandum for Record is to ensure the board members are  aware
that, although not filed in the record, the officer has been awarded a
decoration.  DPPPEP states the applicant’s request for  correction  of
his record to include an AF Form 77 was forwarded  to  the  Evaluation
Reports Appeal Board (ERAB) for review and the ERAB determined the  AF
Form 77, for the period 18 January 1989 through  3  May  1989,  should
have been completed on an AF Form 475, Education/Training Report.  The
correction was completed and the corrected  form  (AF  Form  475)  was
placed in the applicant’s OSR.  In regards to the Howard AFB  overseas
duty history entry, DPPPEP indicates that, although not  reflected  in
the overseas section, it is reflected in his assignment history on the
OSB and five of his OPRs document the assignment.   As  such,  no  new
information is being provided to the board  in  this  regard.   DPPPEP
states that the 1 November 1985 assignment entry on the OSB  does  not
add or detract value from the  applicant’s  record.   As  to  the  PRF
overall promotion  recommendation  upgrade,  the  applicant  does  not
provide support  by  his  senior  rater  or  Management  Level  Review
President.

DPPPEP  indicates  the   alleged   omissions   of   information   were
discoverable prior to the  selection  board;  however,  the  applicant
provides no documentation to support his attempts to resolve the issue
prior to  the  board.   If  the  Board  should  grant  relief,  DPPPEP
recommends SSB with his corrected record, to include the AF Form  475,
dated 15 May 1989, and MSM citation into the OSR; and, the OSB updated
as requested.  The HQ AFPC/DPPPEP evaluation, with attachment,  is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicates  that  the
CY02B selection board did not have an accurate picture of  his  record
and performance.  A February  2003  “Non-selection  Counseling  Record
Review,” highlighted two major problems in his record; i.e.,  his  MSM
and a training report designating him as  a  “Distinguished  Graduate”
were missing.  He was advised that  these  missing  records  hurt  his
chances for promotion.  The Board members looking at his record  could
have possibly  unfairly  concluded  (considering  the  Memorandum  for
Record identifying the missing record was on top) that he was  missing
a vital part of his OSR and that he did  not  take  due  diligence  to
ensure his record was complete.  Not only was the  MSM  very  late  in
coming, but his last two OPRs were  extremely  late  as  well.   These
facts reflect poorly on the personnel and administrative organizations
at Davis-Monthan  and  demonstrate  that  his  official  records  were
mishandled.  He made repeated calls to Davis-Monthan AFB to  follow-up
on his OPRs  as  well  as  the  MSM.   He  exercised  more  than  “due
diligence” in getting the records inserted into his record.   As  late
as 29 May 2001, the MSM was still not listed on  his  record  with  HQ
AFPC.  By making repeated calls and tracking down this decoration,  he
was finally able to get the MSM to appear  in  the  electronic  record
obtained from HQ AFPC on the Officer Surf, dated 29 April  2002.   The
MSM also appeared on his Officer  Preselection  Brief  (OPB)  for  the
CY02B selection board.  At that  point,  he  was  satisfied  that  his
record contained the MSM and did not pursue any  further  action.   He
did not realize the MSM could be listed on both the Officer  Surf  and
the OPB and not be physically in his OSR.  He provided  a  “Letter  to
the Board,” dated 16 March 1998, in which he made  the  CY98B  Major’s
Board aware of his significant achievement that was not listed in  the
OSR.  This demonstrates he attempted to insert this information in his
record with “due diligence” well prior to the CY02B  selection  board.
Many factors beyond  his  reasonable  control  influenced  the  proper
assembly of his OSR.  The injustice and mistakes  that  have  occurred
are reversible by  including  the  missing  records  in  his  OSR  and
conducting an SSB.

In support of his  request,  applicant  submits  additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at 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.   After  reviewing  the  applicant’s
submission and the evidence of record, we  are  unpersuaded  that  the
applicant has been the victim of an injustice.   His  contentions  are
duly noted; however, in our opinion, the detailed comments provided by
the appropriate Air Force office adequately address those allegations.
 Therefore, we agree with the opinion and recommendation  of  the  Air
Force and adopt the rationale expressed as the basis for our  decision
that the applicant has failed  to  sustain  his  burden  that  he  has
suffered an injustice.  Selection boards consider  a  member’s  entire
record, assessing whole person factors, and we believe  the  selection
board in question had access to sufficient information concerning  the
applicant’s accomplishments on which to  base  a  reasonable  decision
concerning his standing with relationship to his  peers.   It  is  our
opinion that the applicant could have been more diligent  to  discover
the errors and taken action to correct his records prior to the  board
convening.  Additionally, we have seen no support for a change to  the
contested PRF by the senior rater and/or MLR president.   In  view  of
the above and absent persuasive evidence to the contrary, we  find  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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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 14 June 2005, under the  provisions  of  AFI  36-
2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Patricia R. Collins, Member
                  Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2005-00312.

   Exhibit A.  DD Form 149, dated 20 Jan 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 21 Apr 05, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 05.
   Exhibit E.  Letter from Applicant, dated 23 May 05, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair