RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  BC-2005-02166
                       INDEX CODE: 131.01
                       COUNSEL:  None
 -97-8438        HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  12 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board  (SSB)  consideration  for  the
Calendar Year 2004A (CY04) Major Central Selection  Board  (CSB)  with
his Officer Selection Brief (OSB) corrected in the Decorations section
to reflect receipt in 1999, rather than  1998,  of  two,  rather  than
three, Air Force Achievement Medals  (AFAM);  and  in  the  Assignment
History section to reflect the following changes:  (a) the  16 Apr  98
entry with a Duty Title  and  Command  Level  of  “OIC,  Teledata  Com
Center, WB;” (b) the 16 Nov 98 entry be  deleted;  (c)  the  1 Feb  99
entry with a  Duty  Title  and  Command  Level  of  “C4I  (OT&E)  Test
Director, DD;” and (d) the 16 Feb 00 entry  be  deleted  and  replaced
with “16 Oct 01, 33S3, Chief, Communications & Inf, DD, Pentagon.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was made aware of these discrepancies by his  promotions  counselor
on 6 Jun 05, after the selection board convened,  and  has  since  had
these errors corrected.  He attributes his ignorance of these  errors,
in part, to his  non-traditional  Air  Force  assignments,  where  the
tracking of such discrepancies did not make them readily  apparent  to
him.  His consideration by the CY04A  board  was  made,  in  part,  on
erroneous data.  Had he realized these discrepancies existed, he would
have made the corrections prior to the board and thereby improved  his
promotion chances.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of captain, with a date of rank (DOR) of 26 Jan 00, and assigned
as the  Chief,  Communications  and  Information,  with  the  National
Security Agency at the Pentagon.

An Officer Performance Report (OPR) profile follows:

            PERIOD ENDING         POTENTIAL EVALUATION

              15 Feb 97                 Meets Standards
              20 Jan 98                 Meets Standards
              20 Jan 99                 Meets Standards
              20 Jan 00                 Meets Standards
              20 Jan 01                 Meets Standards
              15 Oct 01                 Meets Standards
               6 Dec 02                 Meets Standards
               6 Dec 03                 Meets Standards (Top Report)

The applicant’s Officer  Selection  Record  (OSR)  contained  a  Board
Discrepancy Report, dated 20 Oct 04,  which  noted  a  missing  award,
i.e., AFAM with 2nd Oak Leaf Cluster (2OLC).  In fact,  the  applicant
had only been awarded two AFAMs:  Basic AFAM for the period 15 Feb  98
to 15 Apr 98, and the AFAM 1st OLC (1OLC) for the period of 15 Feb  96
to 15 Feb 99 (Exhibit B).

He was considered but not selected for promotion to the grade of major
by the CY04A CSB, which convened on 1 Nov 04.  The CY04A OSB, provided
at Exhibit C, indicated the applicant had received three, rather  than
two AFAMs, with a date of 1998.  The OSB assignment history  contained
the discrepancies the applicant is now  requesting  be  changed.   His
Promotion   Recommendation   Form   (PRF)   reflected    an    overall
recommendation of “Promote.”

According to the Emails provided by  the  applicant  (Exhibit  A),  he
inquired about the AFAM discrepancy in Feb 05, and the Duty Assignment
discrepancies were amended in Jun 05.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO notes the applicant acknowledged that the errors in  the
Assignment History and Decorations blocks of his OSB  were  identified
by his promotion counselor in Jun  05.   However,  these  errors  were
discoverable  and  fixable  had  he  carefully  reviewed  his  Officer
Preselection Brief (OPB) prior to the board.  The  applicant  did  not
take  the  appropriate  corrective  action  as  directed  in  the  OPB
instructions provided to each eligible officer prior to the  convening
of the CSB.  As stated  in  AFI  36-2501,  SSB  consideration  is  not
warranted if, by exercising reasonable diligence,  an  officer  should
have discovered the error/omission and  could  have  taken  corrective
action before the originally scheduled board convened.   This  officer
clearly  did  not  exercise  due  diligence.   Therefore,  denial   is
recommended.  However, if the Board determines relief is  appropriate,
then  the  applicant’s  Assignment  History  should  be  corrected  as
indicated on the attached  Military  Personnel  Data  System  (MilPDS)
printout, and the Decorations section should reflect  the  number  and
year of the AFAMs as 2 and 1999, respectively.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 2 Sep 05 for review and comment within 30  days.   As  of
this date, this office has received no response.
_________________________________________________________________

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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that SSB consideration for the CY04A Major CSB is warranted.
 The applicant’s contentions are duly noted; however, we do  not  find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override the rationale provided by the Air  Force.   The
errors on the applicant’s OSB were discoverable and correctable  years
before the CY04A board convened on 1 Nov 04, yet he apparently took no
action to correct them until they were  identified  by  his  promotion
counselor in Jun 05, after his nonselection for major.  We acknowledge
the CY04A OSB contained errors, but the applicant has not demonstrated
to  our  satisfaction  that  he  exercised  reasonable  diligence   in
maintaining the accuracy of his records to warrant SSB  consideration,
as required by AFI 36-2501, or that  these  discrepancies  caused  his
nonselection.  In this regard, his OPRs reflected his duty titles  and
were available to the promotion board.  The applicant  has  not  shown
the CY04A CSB was unaware of his duty  history.   We  therefore  agree
with the recommendations of the Air  Force  and  adopt  the  rationale
expressed as the basis for our decision that  the  applicant  has  not
sustained his  burden  of  having  suffered  either  an  error  or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.
_________________________________________________________________

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  this  application  in
Executive Session on 20 October 2005 under the provisions of  AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Kathy L. Boockholdt, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-02166 was considered:

   Exhibit A.  DD Form 149, dated 27 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 25 Aug 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair