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AF | BCMR | CY2005 | BC-2005-00819
Original file (BC-2005-00819.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00819
                       INDEX CODE:  131.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He receive promotion consideration by a Special Selection  Board
(SSB) for the Calendar Year 2004  (CY04)  lieutenant  colonel  central
selection board (CSB) with the  inclusion  of  the  citation  for  his
Meritorious Service Medal (MSM) in his Officer Selection Record (OSR).

2.    His Officer Promotion Brief (OPB) be updated to reflect the  “C”
prefix for his Duty Air Force Specialty Code (DAFSC), the Armed  Force
Reserve Medal (AFRM)  and  his  overseas  duty  be  reflected  in  his
overseas history on the OPB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although his MSM was reflected on his  OSB,  the  board  members  were
unable to see his accomplishments that  were  listed  in  the  missing
citation and the level of the endorsment.  The C prefix  for  his  Air
Force Specialty Code (AFSC) was not updated on  his  duty  history  or
correctly reflected on his OSB.  Also, his Armed Forces Reserve  Medal
(AFRM) was in his records prior to his reactivation  but  was  dropped
after he was reactivated.  His overseas duty history was reflected  in
the duty history but not in overseas history.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

Applicant was considered but not selected for promotion to  the  grade
of lieutenant colonel by the CY04B lieutenant colonel CSB.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  30 Jun 96       Meets Standards
                  30 Jun 97       Meets Standards
                  30 Jun 98       Meets Standards
                   9 Jun 99       Meets Standards
                   9 Jun 00       Meets Standards
                   9 Jun 01       Meets Standards
                  31 Jul 02       Meets Standards
                 *31 Jul 03       Meets Standards
                   2 Jul 04       Meets Standards

*Top report at the time of the CY04B lt col CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPOO  states  although  the  applicant’s  MSM  citation  was
missing from his record when the  promotion  board  convened,  it  was
annotated on his OSB and a discrepancy report was filed  in  his  OSR.
Furthermore, all the accomplishments that were listed in  the  missing
citation were reflected in  his  Officer  Performance  Reports  (OPRs)
during the inclusive period of the MSM.   Also,  while  reviewing  the
applicant’s  records  they  noticed  the  MSM   citation   incorrectly
reflected the Fifth Oak Leaf Cluster  (5 OLC).   Since  Special  Order
(SO) GA-031, dated 13 May 2004,  correctly  shows  the  applicant  was
awarded the basic MSM, the Records Branch at HQ AFPC  substituted  the
MSM with 5 OLC citation with the MSM (basic).

The instructions attached to the  Officer  Preselection  Brief  (OPB),
advises each servicemember to request a copy of his records to  ensure
the contents are correct.  If the applicant had obtained a copy of his
OPB, he would have noticed the citation was  missing  and  could  have
taken corrective action prior to the convening of the promotion board.
 The applicant has not provided any documentation  to  demonstrate  he
exercised due diligence in ensuring his MSM citation was filed in  his
OSR prior to the convening of the promotion board.

Furthermore, the AFRM is not  listed  among  the  decorations  in  the
Military Personnel Flight  Memorandum  to  be  considered  during  the
promotion process.  Therefore, based on the  information  provided  HQ
AFPC/DPPPO recommends denying the requested relief.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluation and states a corrected
version of his MSM for the period 1995-1999 was faxed to AFPC prior to
the convening of the promotion board, however, a copy of the  citation
did not make it into his record.  The citation and the  level  of  the
endorsement would  have  been  reflected  favorably  among  the  board
members.

He further states  on  several  occasions  he  went  to  the  military
personnel flight (MPF) at Ramstein to resolve the discrepancies in his
OSB.  Several of the discrepancies were not corrected in time for  the
board.  He had no reason not to believe the personnel at the  Ramstein
MPF when they assured him the corrections would be made to his record.
 He does accept some of the responsibility for not following up on the
professionals he entrusted to correct his record.

He believes the Armed Forces Reserve  Medal  with  M  device  and  his
overseas long and short tour for Germany and Belgium should  be  added
to his record (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 error or an injustice.  After thoroughly reviewing
the evidence of record, we are not persuaded that the applicant should
be provided consideration for promotion to  the  grade  of  lieutenant
colonel by a Special Selection  Board  for  the  Calendar  Year  2004B
selection board.  Although the applicant’s citation  to  the  MSM  was
missing from his record when the board convened, it was  annotated  in
his OSB and a discrepancy report was filed  in  his  OSR.   Therefore,
presumably the selection board knew of its existence and  factored  it
into their consideration.  Further, regarding the issues  of  the  “C”
prefix to his 16 August 2002 DAFSC and missing overseas duty  history,
the applicant presents no persuasive evidence regarding what steps  he
took to ensure his records were correct prior to the selection  board.
In other words, the Board finds no  evidence  that  he  exercised  due
diligence  to  ensure  the  data  in  his  record  was  accurate   for
presentation to the  board.   Also,  it  is  noted  the  AFRM  is  not
authorized to be reflected on selection briefs.  We are not  persuaded
by the evidence before us that these omissions were  the  sole  causes
for the applicant’s non-selection to the grade of lieutenant  colonel,
nor are we persuaded that the lack thereof significantly impacted  his
promotion opportunity.
In summary, we do not find applicant's numerous assertions, in and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  Therefore, we agree with the recommendation of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
conclusion  that  the  applicant  failed  to  sustain  his  burden  of
establishing  the  existence  of  either  an  error  or  an  injustice
warranting favorable action on these requests.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2005-00819 in Executive Session on 16 June 2005, under the  provisions
of AFI 36-2603:

                       Ms. Martha J. Evans, Panel Chair
                       Mr. Alan A. Blomgren, Member
                       Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Mar 05, w/atchs.
   Exhibit B.  Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 18 Apr 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.
   Exhibit E.  Letter, Applicant’s Response, dated 9 Jun 05.




                             MARTHA J. EVANS
                             Panel Chair

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