RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01943
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 Dec 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be provided Special Selection Board (SSB) consideration by the
Calendar Year 2004A (CY04A) Major Central Selection Board (CSB), with
inclusion of the Air Force Commendation Medal (AFCM), First Oak Leaf
Cluster (1OLC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
After reviewing his Officer Selection Brief (OSB), he noted the AFCM
(1OLC) was reflected on the OSB. Therefore, he assumed it was also
contained in his Officer Selection Record (OSR), but it was not in his
record. He was never made aware of the discrepancy.
In support of his appeal, the applicant provided a copy of the
citation and the special order pertaining to the AFCM (1OLC).
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
captain, having been promoted to that grade on 29 May 00. His Total
Active Federal Military Service Date (TAFMSD) is 29 May 96.
Applicant's Officer Performance Report (OPR) profile follows:
PERIOD ENDING EVALUATION
28 May 97 Meets Standards
28 May 98 Meets Standards
28 May 99 Meets Standards
4 Apr 00 Meets Standards
9 Dec 00 Meets Standards
9 Dec 01 Meets Standards
9 Dec 02 Meets Standards
# 9 Dec 03 Meets Standards
9 Dec 04 Meets Standards
# Top Report at the time he was considered and nonselected for
promotion to the grade of major by the CY04A Major Board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommended denial indicating that after reviewing the
applicant's OSR, they determined the AFCM (1OLC) was not filed in his
record at the time of the CY04A board. However, to ensure the
contents of the actual OSR were correct, the applicant would have had
to request a copy of his record from AFPC/DPPBR1 (Records Section), as
directed in the instructions attached to the Officer Preselection
Brief (OPB) that each eligible officer for promotion receives prior to
CSBs. Since it was the officer's responsibility to ensure the
accuracy of his record, they believe that had he checked his OSR prior
to the CY04A board, he would have noticed the missing citation and
taken corrective action at that time.
Additionally, although the citation for the AFCM (1OLC) was missing
from his OSR for the CY04A board, the board members had knowledge the
decoration existed and were able to factor it into the promotion
selection process. In fact, the intent of the Memorandum for Record,
dated 20 Oct 04, filed in his OSR for the CY04A board was to ensure
the board members were aware that although not filed in his record,
the applicant has been awarded a decoration. On 29 Jun 05, a copy of
the citation was provided to AFPC/DPPBR1 for filing in the applicant's
OSR.
According to AFPC/DPPPO, the governing instruction states that an SSB
should not be given if, by exercising reasonable diligence, the
officer should have discovered the error or omission, and could have
taken corrective action before the convening of originally scheduled
board. They do not believe the applicant exercised reasonable
diligence in the maintenance of his record.
A complete copy of the AFPC/DPPPO evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 15
Jul 05 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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 (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence showing to
our satisfaction the applicant was not fairly and equitably considered
for promotion to major, we find no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
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-
2005-01943 in Executive Session on 17 Aug 05, under the provisions of
AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. LeLoy W. Cottrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO , dated 6 Jul 05, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05.
JOSEPH G. DIAMOND
Panel Chair
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