RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02526
            INDEX CODE:  131.01, 102.02
      xxxxxxxxxxxxx    COUNSEL:  NONE

      xxxxxxxxxxxxx    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 FEB 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Selection Record (OSR) be  corrected  to  include  the
Duty title C-5 Pilot/Executive Officer, effective 1 September 2001.

2.  His OSR be corrected to include the Air Force  Commendation  Medal
(AFCM) (Basic) and the AFCM First Oak Leaf Cluster 1OLC.

3.   He  receive  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of major for  the  Calendar  Year  2004A  Major
Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not recall receiving an Officer Selection Brief prior  to  the
CY04 Major Selection Board and contends that as a result of  his  TDYs
of 180 days a year, he did not have the opportunity to  review  and/or
make any corrections to the OSB.  The AFCM citation was  missing  from
his OSR although he made a copy of  the  citation,  faxed  it  to  the
Board, and was assured the citation would be included in his OSR;  the
citation was not added until May or June 2005.  The  DÉCOR-6  printout
for his AFCM 1OLC citation was dated 15 October 2004,  and  the  award
was finalized on 2 November 2004.  The first day of the  board  was  1
November 2004, and he believes this Medal could have been included  in
his OSR.

In support of his request, the applicant submitted a copy of the  AFCM
citation, Special Order GPP-036, awarding him the AFCM, a copy of  the
AFCM 1OLC, and a Personal Data printout.

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.  Applicant was considered and not selected for  promotion  to
the grade of major by the CY04A Major Central Selection Board.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   11 Dec 98      Meets Standards
                   11 Dec 99      Meets Standards
                   31 Aug 00      Meets Standards
                   31 Aug 01      Meets Standards
                   31 Aug 02      Meets Standards
                   31 Aug 03      Meets Standards
                  *31 Aug 04      Meets Standards

*Top report on file at the time of the CY04A selection board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states that although the citation
for the AFCM (Basic) , awarded for the period  28  April  1998  to  18
December 2000, was missing from the applicant’s OSR, the Board members
knew of its existence as evidenced by  the  entry  in  the  decoration
section of his OSB.  Therefore, the Board members were able to  factor
it into the promotion selection process.

DPPPO states they determined his AFCM 1OLC, awarded by  Special  Order
GPP-036, dated 2 November 2004, for the period  24  April  2001  to  1
November 2004, was processed within the  guidelines  of  AFI  36-2803,
paragraph 3.1.  These guidelines state that decoration recommendations
are entered “into official channels within 2 years and awarded  within
3 years of the act, achievement, or service performed.”

DPPPO  also  states  in  accordance  with  published   guidance,   the
decoration award authority announces its final decision when approving
an award by publishing special orders.   These  orders  serve  as  the
source document for updating the decoration in the military  personnel
data system.  Since the order for this decoration was published  on  2
November 2004, the citation could not have been filed in his selection
record nor reflected in any official personnel data systems  when  the
board convened.  Thus, although the AFCM 1OLC was awarded just one day
after the board convened, it in fact, did not  exist  when  the  CY04A
board convened on 1 November 2004.

DPPPO states in regards to the applicant’s missing  1  September  2001
duty title entry, although  not  reflected  on  the  P0404A  OSB,  his
corresponding  OPR  clearly   reflects   his   duty   title   as   C-5
Pilot/Executive Officer.  Therefore, the  central  board  members  had
this  information  available  to  them  to  base  its  decision   when
considering the applicant for promotion.  As such, the corrected  duty
history data does not introduce  any  new  information  that  was  not
already considered by the board members.  The military personnel  data
system has been updated to reflect the correct information.

The DPPPO complete evaluation, with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the  AFCM  was  supposed  to  be  placed  in  his
selection package.  Despite his best efforts and assurance it had been
taken care of, it was not.  The AFCM 1OLC could  have  been  faxed  to
AFPC immediately upon being processed, but he did not receive  a  copy
until after the board had finished its scoring and his losing unit did
not know of the crucial timing.   The  missing  duty  title,  although
spoken of in his PRF/OPRs should have been updated on his OSB, but  it
was not.

He states he has served his country well in times of  peril  and  war.
The extreme ops tempo made it exceptionally difficult to  work  record
errors with AFPC.  He did not get the  opportunity  to  do  a  records
check because his squadron was under-manned at the time and could  not
afford to lose any pilots.  He requests he be given another chance  at
a fair look with his corrected record.

A copy of the applicant’s complete response 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 regarding the applicant’s  request
that his AFCM 1OLC be included in the  CY04A  selection  process.   In
this respect, the Board notes the CY04A Major Central Selection  Board
convened on 1 November 2004.  The AFCM 1OLC was awarded on 2  November
2004, which was after the Board convened.  Thus,  it  is  our  opinion
that the AFCM 1OLC was  not  a  matter  of  record  at  the  time  the
selection board convened and accordingly, it was not  required  to  be
included in his selection record.   The  applicant’s  contentions  are
duly noted; however, we agree with 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 in
this matter.

4.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice  in  regards  to  the  applicant’s
request that his OSR be corrected to include a duty tile  effective  1
September 2001 and he be given SSB consideration.  The Board notes the
applicant’s Officer Selection Brief (OSB) did  not  reflect  the  duty
title of “C-5 Pilot/Executive Officer” and the citation for  the  AFCM
(Basic) was in fact missing from his OSR at the time he was considered
for promotion by the CY04A Major Central Selection  Board.   While  it
cannot be conclusively determined whether or not the absence  of  this
duty title and  medal  were  the  sole  reasons  for  the  applicant’s
nonselection for promotion by the Board in  question,  we  do  believe
that it served to deprive him of fair and equitable consideration.  In
view of the above and in order to resolve any injustice  in  favor  of
the applicant, we recommend that  his  records  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

        a.  An additional entry be placed on his OSB  which  reflects;
Effective Date “1 September 2001”,  DAFSC  “11A3A”,  Duty  Title  “C-5
Pilot/Executive Officer", Command Level “W/B”,  Major  Command  “AMC”,
and Organization “Airlift Squadron Travis”.

        b.  The Citation to accompany  the  award  of  the  Air  Force
Commendation Medal for the period 28 April 1998 to 18  December  2000,
was accepted for file in his Officer Selection Record on or before  31
October 2004.

It is further recommended  that  his  record,  to  include  the  above
corrected OSB, be considered for promotion to the grade of Major by  a
Special Selection Board for the  Calendar  Year  2004A  Major  Central
Selection  Board  and  any  subsequent  boards  in  which  the   above
corrections were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
02526 in Executive Session on 8 November 2005, under the provisions of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Alan A. Blomgren, Member

                 Ms. Jan Mulligan, Member


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

      Exhibit A. DD Form 149, dated 6 Jun 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 7 Sep 05, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 16 Sep 05.
      Exhibit E. Letter, Applicant, dated 1 Oct 05.






                                   KATHLEEN F. GRAHAM
                                   Panel Chair



AFBCMR BC-2005-02526



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 xxxxxxxxxxxxxxx, be corrected to show that:

            a.  An additional entry be placed on  his  OSB  which  reflects;
Effective  Date  “1 September  2001”,  DAFSC  “11A3A”,   Duty   Title   “C-5
Pilot/Executive Officer”, Command Level  “W/B”,  Major  Command  “AMC”,  and
Organization “Airlift Squadron Travis”.

      b.  The Citation to accompany the award of the Air Force  Commendation
Medal for the period 28 April 1998 to 18 December  2000,  was  accepted  for
file in his Officer Selection Record on or before 31 October 2004.

      It is further recommended that his record, to include the above
corrected OSB, be considered for promotion to the grade of Major by a
Special Selection Board for the Calendar Year 2004A Major Central Selection
Board and any subsequent boards in which the above corrections were not a
matter of record.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency