RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00832
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  11 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for  consideration  by  the
Calendar Year 2003A (CY03A) Lieutenant Colonel Central Selection Board
be amended to reflect his master’s degree, and he be provided  Special
Selection Board (SSB) consideration with his corrected OSB; or, he  be
provided SSB consideration by the CY03A board, with an opportunity  to
write a letter to the board explaining the circumstances as to why  he
did not complete his degree prior to the convening of the board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During Apr 03, his rater advised him the master’s  degree  was  to  be
masked for the CY03A board.  As a result, he  had  time  available  to
complete the one remaining course for the degree.   He  discovered  in
Jun 03 the degree was not to be masked.  At that time, it was too late
for him to react.  His degree was completed within the next year.

In  support  of  his  appeal,  the  applicant  provided  a  supportive
statement, a letter  pertaining  to  his  master’s  degree  and  other
documentation associated with the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
major, with a date of rank (DOR)  of  1  May  00.   His  Total  Active
Federal Military Service Date (TAFMSD) is 12 Aug 88.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1994
follows:

      PERIOD ENDING    EVALUATION

      19 Mar 94  Meets Standards
      30 Sep 94  Meets Standards
      30 Sep 95  Meets Standards
      30 Sep 96  Meets Standards
      20 Oct 97  Meets Standards
      20 Oct 98  Meets Standards
      10 Apr 99  Meets Standards
      10 Apr 00  Meets Standards
      10 Apr 01  Meets Standards
      10 Apr 02  Meets Standards
 #    10 Apr 03  Meets Standards
##    10 Apr 04  Meets Standards

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY03A  Lieutenant
Colonel Board.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY04B  Lieutenant
Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial indicating the instructions attached  to
the Officer Preselection Brief (OPB) that each Line of the  Air  Force
(LAF) officer eligible for  promotion  by  the  CY03A  board  received
several months prior to the convening  of  the  selection  board  only
addressed masking the bachelor’s degree information.  If the applicant
had carefully read the Military Personnel Flight Memorandum (MPFM), he
would have noticed the change to remove all  academic  education  from
all  LAF  promotion  boards  through  the  rank  of  colonel  was  not
implemented prior to  the  CY03A  board.   Furthermore,  each  officer
eligible for promotion consideration is advised of the entitlement  to
communicate with the board president to call attention to  any  matter
of record concerning them that they  believe  is  important  to  their
consideration.  Although perhaps misguided by his rater, the applicant
had the opportunity prior to the convening of the CY03A board to write
a letter to the board.  He elected not to inform the board members  of
the circumstances  regarding  the  reason  he  did  not  complete  his
master’s degree prior to the convening of the board.

According to AFPC/DPPPO, the results of the CY03A 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.
 Although the applicant may have been qualified for promotion, he  may
not have been the best qualified of other eligible officers  competing
for the limited number of promotion vacancies in  the  judgment  of  a
selection board vested  with  discretionary  authority  to  make  such
selections.  The selection board had  his  entire  record  during  his
promotion consideration.  As such, they did not  agree  the  applicant
was nonselected for promotion to lieutenant colonel on the sole  basis
that his master’s degree was not reflected on his OSB, and they  found
no evidence the applicant’s nonselection was a result  of  a  material
error or injustice.

A complete copy of the AFPC/DPPPO evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating he takes full responsibility for his course of action,  but
believes his OSB was not fairly represented due to the status  of  his
academic education.  He  has  provided  letters  of  endorsement  from
numerous combat leaders who have directly and indirectly supported him
over the years.  Each of them feels that his  record  was  not  fairly
evaluated against his peers.

Applicant’s complete response, 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  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  No evidence has been presented which
has shown to our satisfaction the applicant  exercised  the  necessary
diligence to ensure the completion of his master’s degree prior to the
CY03A board.  Furthermore, he had the opportunity prior to that  board
to write a letter to the board regarding the circumstances as  to  why
his master’s degree was not completed prior to the  convening  of  the
board, but elected not to do so.  In view of the foregoing, and in the
absence of sufficient evidence to the  contrary,  we  agree  with  the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant  has  failed  to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling 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   issues   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 AFBCMR Docket Number BC-
2005-00832 in Executive Session on 4 Aug 05, under the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 6 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.
    Exhibit E.  Letter, applicant, dated 8 Jul 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair