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AF | BCMR | CY2005 | BC-2005-00530
Original file (BC-2005-00530.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00530
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2004B
(CY04B) Central Lieutenant Colonel Selection Board be corrected  to  include
her Officer Performance Report (OPR), rendered for the period 13 April  2003
through  12  April  2004  and  the  citation  accompanying  award   of   the
Meritorious Service Medal (MSM) for the period 12 January 2000  to  15  July
2003 and that she 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:

Her OPR closing 12 April 2004 and MSM for the period 12 January 2000  to  15
July 2003 were  not  entered  into  her  OSR  before  the  CY04B  lieutenant
colonel’s board convened.

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 June 2001.

The applicant was considered and not selected for promotion to the grade  of
lieutenant colonel by the CY04B (12 July 2004)  Central  Lieutenant  Colonel
Selection Board.


Special Order GB-258, dated 30 July 2003, awarded the MSM to  the  applicant
for service performed during the period 12 January 2000 to 15 July 2003.

The citation accompanying  the  Meritorious  Service  Medal  (MSM)  for  the
period 12 January 2000 to 15 July 2003 was not filed in the applicant’s  OSR
when it met the CY04B  Central  Lieutenant  Colonel  Selection  Board  which
convened on 12 July 2004.

OPR profile since 1998 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 25 Mar 98     Meets Standards (MS)
                 25 Mar 99                   (MS)
                 20 Jun 00                   (MS)
                 20 Jun 01                   (MS)
                 12 Apr 02                   (MS)
                 12 Apr 03                   (MS)
               # * 12 Apr 04                 (MS)

* Contested Report
# Top Report for the CY04B Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO indicated the applicant’s OPR closing out 12 April 2004  provided
with her application is an exact copy of the report filed in  her  selection
record.  The date stamp at the bottom of  the  report  “JUN  28  2004  DPPB”
clearly indicates the report was made a matter-of-record/filed  in  the  OSR
before the CSB convened and therefore considered by the board members.

They do not dispute the fact that the MSM  citation  which  was  awarded  by
Special Order #G-258, 30 July 2003, was not filed  in  the  applicant’s  OSR
for the board.  However, it was reflected on  the  Officer  Selection  Brief
(OSB).  Therefore, the board members were aware the  applicant  received  an
MSM for her service while assigned to MacDill AFB and  factored  this  award
when evaluating the applicant’s potential for promotion to the  next  higher
grade.  In addition, most of the accomplishments reflected on  the  citation
are captured in both her 12 April 2002 and  12  April  2003  OPRs  verbatim.
Furthermore, the applicant was granted this award almost one year  prior  to
the central selection board.  Yet, she provides no documentation to  support
what actions she took with ensuring the accuracy of her record prior to  the
board  convening  date,  which  it  was  her  responsibility   to   do   so.
Accordingly, they stand by 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.
They recommend denial for  SSB  consideration  with  inclusion  of  the  MSM
citation.  The applicant is asking for a SSB to  consider  information  that
was already available to the original board.

The evaluation 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an  injustice.   The  applicant’s  contentions  are
duly noted and we took notice of her  complete  submission  in  judging  the
merits of the case; however, we agree with the  opinion  and  recommendation
of the Air Force and adopt its rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
Air Force acknowledges the citation accompanying  the  MSM  for  the  period
12 January 2000 to 15 July 2003 was not filed in  the  applicant’s  OSR  for
the CY04B Lieutenant Colonel Central  Selection  Board’s  review.   However,
the selection board reviewed her entire officer selection record,  including
the OSB reflecting the MSM, and two OPRs closing 12 April 2002 and  12 April
2003 which  reflect  many  of  the  accomplishments  mentioned  on  the  MSM
citation.  In  view  of  these  findings,  the  Board  is  not  sufficiently
persuaded that the lack of the contested citation in  her  OSR,  in  and  of
itself, caused her nonselection for promotion to  the  grade  of  lieutenant
colonel.  In regard to the OPR closing 12 April 2004, the date stamp at  the
bottom of the report “JUN 28 2004 DPPB” indicates the report  was  filed  in
the applicant’s OSR before the CY04B Lieutenant  Colonel  Central  Selection
Board convened and it was considered by the board members;  therefore,  this
is a moot issue.  In view of the foregoing and in the  absence  of  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2005-
00530 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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 February 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 7 March 2005.
   Exhibit D.  Letter, SAF/MRBR, dated 18 March 2005.





                                RICHARD A. PETERSON
                                Panel Chair



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