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AF | BCMR | CY2005 | BC-2005-01082
Original file (BC-2005-01082.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01082
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes


MANDATORY CASE COMPLETION DATE:  30 Sep 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared on him and  viewed  by  the
CY04J Colonel Central Selection Board  be  corrected  to  reflect  his
service as a base level Staff Judge Advocate effective July 2002.

He be granted promotion consideration  to  the  grade  of  colonel  by
Special Selection Board for the CY04J Colonel Central Selection  Board
with the corrected OSB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A prejudicial error on the face of the initial document the  promotion
board reviewed (OSB) may have been enough to discount  his  record  as
not “worthy of promotion.”  His  OSB  makes  it  appear  he  had  been
serving in the same assignment since May 97.  He would  think  that  a
promotion board would not  look  favorably  on  a  lieutenant  colonel
working at the same base for the last seven or eight years.  It wasn’t
until he received post-board  counseling  from  AFPC/JA  that  someone
mentioned that his OSB did not contain his service  as  a  base  level
staff judge advocate beginning in Jul 02.

In support of his appeal, the applicant provides copies  of  his  last
two Officer Performance Reports (OPRs) and an Officer SURF.

The complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on active duty in  the  grade  of  lieutenant
colonel.  His Total Active Federal Military Service Date  (TAFMSD)  is
14 Jan  88.   The  applicant  was  considered  and  not  selected  for
promotion to the  grade  of  colonel  by  the  CY04J  Colonel  Central
Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/JAX confirmed that the applicant has been serving as the Staff
Judge Advocate at the base in question since May  02.   They  indicate
that to answer the question of whether the promotion board  was  aware
of  the  applicant’s  assignment,  they  would  need  to  review   the
information he received prior to the promotion board and also the  OSB
prepared on him.

The complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s  request.   They  note
that the applicant arrived at the duty assignment in question over two
years before the central selection board convened, which provided  him
ample time to confirm whether his duty information was correct in  the
Military  Personnel  Data   System.    The   applicant   provides   no
documentation to show he took any action to ensure the accuracy of his
record prior to the central selection board.  As such, they  stand  by
the policy in AFI 36-2501, paragraph 6.3.2.2, which  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.”

Additionally, they note that although not reflected on  his  OSB,  the
applicant’s Promotion Recommendation Form (PRF) and  top  two  Officer
Performance Reports (OPRs) reflected the assignment in question.

The complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
20 May 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Therefore, in the  absence  of  evidence  to  the
contrary, 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 Docket  Number  BC-2005-
01082 in Executive Session on 6 July 2005, under the provisions of AFI
36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Ms. Patricia A. Robey, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, HQ USAF/JAX, dated 21 Apr 05.
    Exhibit D.  Memorandum, AFPC/DPPPO, dated 12 May 05.
    Exhibit E.  Letter, SAF/MRBR, dated 20 May 05.




                                   B.J. WHITE-OLSON
                                   Panel Chair


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