RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02022
            INDEX CODE:  131.00
XXXXXXX
            COUNSEL:  NONE
XXXXXXX
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  26 DECEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2004B
(CY04A) Central Major Selection Board be corrected to include the  award  of
the Air Force Commendation Medal (AFCM), First Oak Leaf Cluster  (1OLC)  for
the period 5 September 2001 to 7 September 2004; the removal  of  the  Board
Discrepancy Report for his records; his assignment history corrected on  his
Officer Selection Brief (OSB); and that he be considered  for  promotion  to
the grade of major by a Special Selection Board (SSB) for the Calendar  Year
2004A (CY04A) Central Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had pursued with due diligence the documentation of his  2004  Air  Force
Commendation Medal with the military personnel  flight  (MPF)  in  a  timely
manner.  He  had  pursed  with  due  diligence  the  documentation  of   his
assignment history for the 10 September 2004  permanent  change  of  station
(PCS) move to the 346th Test Squadron at Lackland AFB in  a  timely  manner.
He checked his local orderly room on 13 September 2004 and  filled  out  the
proper forms to have his status updated at the MPF. The AF  did  not  update
his duty history with the  most  current  PCS  data  and  his  OSR  was  not
updated.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of captain.

He was considered and not selected for promotion to the grade  of  major  by
the CY03B and CY04A  Central  Major  Selection  Boards.  Based  on  his  two
nonselections for promotion, applicant  has  a  date  of  separation  of  31
October 2005.

The applicant was awarded the AFCM 1OLC for  service  performed  during  the
period 5 September 2001 to 7 September 2004.

Applicant’s OPR profile as captain since 2000 indicates "Meets Standards."

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial and states the citation accompanying  the  AFCM
1OLC for the period 5 September 2001 to 7 September 2004 was  filed  in  the
applicant’s OSR when it met the CY04A Central Major Selection  Board  (CSB).
However, the Board Discrepancy Report, 20 October 2004,  filed  in  his  OSR
indicated the personnel data system was not  updated  to  reflect  the  most
recent AFCM. This would have called attention to the fact there was a  medal
citation for that time period in the OSR.  Updating  his  officer  selection
brief  (OSB)  to  include  this  decoration  would  not  introduce  any  new
information not already considered by the board.

The  applicant  also  contends  that  the  Air  Force  did  not  update  his
assignment history with his most current  assignment.  However,  they  would
like to note that the member arrived at his new duty station, Lackland  AFB,
on 13 September 2004 and the board convened on 1 November  2004.  This  gave
the applicant more than 30 days prior to the  CSB  to  confirm  whether  his
duty information was correct in the Military Personnel  Data  System,  which
in turn would have been an indicator as  to  whether  the  duty  information
would have been reflected properly on the OSB.  The  applicant  provides  no
documentation to support that he took any action to ensure the  accuracy  of
his record prior to the CSB.

AFPC/DPPPO further indicates since the central boards  evaluate  the  entire
OSR to include PRF, OPRs, officer  effectiveness  report,  training  reports
letters of evaluation, decorations, and data on OSB,  they  do  not  believe
the contested errors on the applicant’s  OSB  caused  his  nonselection  for
promotion.

AFPC/DPPPO’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  Air  Force  evaluation  and  stated  the  Board
Discrepancy Report does impact  the  Major  Central  Selection  Board  (CSB)
members opinion of his record, and he did  take  actions  toward  correcting
his duty title.

The Board Discrepancy Report placed in his record  reflects  poor  diligence
on his part to the CSB  members.  In  fact,  the  Advisory  Opinion  is  not
arguing he attempted to correct the missing AFCM 1OLC  with  due  diligence.
The advisory opinion states the Board Discrepancy Report placed in  his  OSR
would have called attention to the fact there was  an  additional  citation.
He contends with the limited amount of  time  each  individual’s  record  is
reviewed by the CSB members, the Board Discrepancy Report  would  cause  the
members to have the impression he was not dedicated enough to the Air  Force
to ensure his records  were  updated  for  the  promotion  board.  With  the
limited time available to the CSB members and the large  number  of  records
they need to review, having the AFCM 1OLC listed on his  OSB  would  provide
them with a more accurate picture  of  his  performance.  Since  this  is  a
factual error that  even  AFPC/DPPO  agrees  with,  he  believes  the  Board
Discrepancy Report should be removed, the OSB should  be  updated  and  this
error should warrant SSB consideration of his record.

He disagrees with the advisory opinion on his assignment history  not  being
updated in his OSB due to non-diligence  on  his  part.  As  stated  in  his
request, he checked into his  new  squadron  to  have  his  new  duty  title
updated on 13 September 2004.  He  has  an  internal  form  that  showed  he
requested to update his duty title in mid October 2004, but  was  originally
advised not to use it as evidence because the date is not  recorded  on  the
form. To support this new evidence, he has since located a  military  member
from his orderly room that remembers him submitting a request to update  his
duty title in October 2004, before the major CSB. This  additional  evidence
shows he did take reasonable action to ensure the accuracy  of  his  records
prior to the CSB and that it does warrant SSB consideration.

Also, he would like to point out the advisory opinion contains an error.  It
states the duty station he arrived at on  13  September  2004  was  Peterson
AFB, when it was actually Lackland AFB. This is not  an  error  that  he  is
appealing on, but he points out to show the opinion from AFPC/DPPO may  have
been arbitrarily reviewed and not given full consideration.

Applicant’s 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or  injustice.   After  reviewing  the  complete  case
file, we note that the applicant’s Officer Selection  Brief  (OSB)  did  not
reflect the award of the AFCM (1OLC)  and  the  correct  assignment  history
during the CY04B Major Central Selection Board. In  this  regard,  we  noted
that a Board Discrepancy Report was filed in his  Officer  Selection  Record
(OSR) indicating the personnel  data  system  was  not  updated.   While  we
cannot state with certainty that the inaccurate information  was  the  cause
of the applicant’s nonselection  for  major,  we  do  believe  it  may  have
prevented his receiving full and fair consideration by the promotion  board.
 In view of the foregoing and in an effort to remove any possibility  of  an
injustice to the applicant, we recommend that his  record,  to  include  his
corrected OSR reflecting the citation of the award and  assignment  history,
be considered for promotion, to the grade of major by  a  Special  Selection
Board (SSB) for the CY04B Selection Board.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

                 a. The Officer  Selection  Brief  (OSB)  prepared  for  the
Calendar year 2004A Major Selection Brief be amended to  reflect  the  award
of the Air Force Commendation Medal, First Oak Leaf Cluster for  the  period
5 September 2001 to 7 September 2004 and a duty title of “AIR AND  SPACE  IO
RANGE DIR”; Command AIA; Organization  346  TEST  SQ,  LACKLAND,  TX,  DAFSC
“33S3”, effective 10 September 2004.

                 b. The Board Discrepancy Report,  dated  20  October  2004,
be, and hereby is declared void and removed from his records.

It is further directed that his record, to include the above corrected  OSB,
be considered for promotion to the  grade  of  major  by  Special  Selection
Board for the Calendar Year 2004A Major Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-02022
in Executive Session on 13 October 2005, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Jan Mulligan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Jun 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
            Exhibit C. Letter, AFPC/DPPPO, dated 7 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05.
      Exhibit E. Applicant's Response, dated 3 Aug 05.




                 THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2005-02022




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation  of  the  Air  Force
Board for Correction of Military Records and under the authority of  Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

           The pertinent military records  of  the  Department  of  the  Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that:

                 a. The Officer  Selection  Brief  (OSB)  prepared  for  the
Calendar year 2004A Major Selection Brief be amended to  reflect  the  award
of the Air Force Commendation Medal, First Oak Leaf Cluster for  the  period
5 September 2001 to 7 September 2004 and a duty title of “AIR AND  SPACE  IO
RANGE DIR”; Command AIA; Organization  346  TEST  SQ,  LACKLAND,  TX,  DAFSC
“33S3”, effective 10 September 2004.

                 b. The Board Discrepancy Report,  dated  20  October  2004,
be, and hereby is declared void and removed from his records.

           It is further directed that his  record,  to  include  the  above
corrected OSB, be considered for promotion to the grade of major by  Special
Selection Board for the Calendar Year 2004A Major Selection Board.









            JOE G. LINEBERGER
            Director
                                    Air Force Review Boards Agency