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AF | BCMR | CY2006 | BC-2005-02072
Original file (BC-2005-02072.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02072
            INDEX CODE:  107.00; 131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  2 NOVEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His two Achievement Medal citations be included  in  his  Officer  Selection
Record (OSR); the job title and  location  on  his  assignment  history  for
28 September 2003 on the Officer Selection Brief (OSB) be corrected, and  he
be granted Special Selection Board (SSB) consideration for promotion by  the
Calendar Year 2004A (CY04A) Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The discrepancy report  for  the  two  missing  Achievement  Medals  is  not
consistent with his actual records and  may  have  negatively  affected  the
results of the CY04A board.  His job title and  location  for  28  September
2003 assignment is also not correct  and  may  have  suggested  homesteading
prior to the board.

In support of the application, the applicant submits a supporting  statement
from his commanding officer and copies  of  documents  from  his  OSR.   The
applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date  is  29
May 1996.  He is currently serving on active duty in the grade  of  captain,
with a date of rank of 29 May 2000.  The applicant has one nonselection  for
promotion by the CY04A (1 November 2004) Major Central Selection Board.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial.   DPPPO  states  although  the  applicant‘s
citations were not on file in his OSR when the  board  convened,  the  board
members knew of its existence as evidenced by the entry  in  the  decoration
section of his OSB.  DPPPO explains the intent  of  the  discrepancy  report
filed in his OSR was to  ensure  the  board  members  were  aware  that  the
officer had been awarded the decorations.   A  copy  of  the  citations  has
since been filed in the applicant’s OSR.

DPPPO affirms AFI 2501, paragraph 6.3.2.2, 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.”  DPPPO notes the  applicant  indicates
he made efforts to check  his  record  at  AFPC;  however,  he  provides  no
documentation to support his attempts to review his OSR.   DPPPO  opines  it
is the officer’s responsibility to ensure the accuracy of his or her  record
prior to the board convening date.

DPPPO explains the  applicant  had  a  permanent  change  of  assignment  in
September 2003 from  Los  Angeles,  CA,  to  an  undisclosed  [Data  Masked]
location. During this transition, the personal data system  record  captured
a 28 September 2003 assignment entry equal to his date  arrived  station  at
Los Angeles as reflected in the MilPDS.  This entry combined  a  segment  of
his  previous  duty  information   (duty   title:    “EELV   Mission   Integ
Mgr”/command level:  “NAF”) and  a  segment  of  his  new  duty  information
(organization – “Data Masked”).  On the OSB, there is a  30  September  2003
assignment entry immediately above the 28 September 2003 entry  which  shows
the applicant’s duty title  as,  “Chief,  TAC  Imagery  DIS  Sys”  with  his
organization reflecting “Data Masked.”

DPPPO disagrees with the applicant’s logic that the job title  and  location
for his 28 September 2003 assignment entry on the  OSB  may  have  suggested
homesteading.  The 28 September 2003 entry on the  applicant’s  OSB  clearly
suggests that a change  of  assignment  occurred  since  the  duty  location
changed  from  his  previous  assignment  (Los  Angeles)  to   his   current
assignment (Data Masked).  Also, the  applicant’s  top  Officer  Performance
Report  (OPR)  reviewed  by  the  promotion  board  members  reflected   his
organization, command and location as Data Masked.

DPPPO’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his  response  dated  20  September  2005,  the  applicant  provided  his
detailed refutations regarding the recommendations of the Air  Force  office
of responsibility.  The 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 error or injustice.  Applicant  requests  that  his  assignment
duty history entry dated 28 Sep 03, on his CY04A OSB  be  deleted  and  that
the citations for his AFAM and AFAM (1OLC) be included  in  his  CY04A  OSR;
and that he receive SSB consideration.  Applicant contends that the  28  Sep
03 entry is in error  and  it  may  have  sent  the  wrong  message  to  the
selection  board  members.   After  thoroughly  reviewing  the   applicant's
submission along with the  evidence  of  record,  it  is  our  opinion  that
corrective action is warranted in this case.  In this respect, we took  note
that the 28 Sep 03 duty history entry  on  his  OSB  was  an  administrative
error that has been subsequently deleted from his  assignment  history.   We
believe that the applicant made reasonable effort to  ensure  his  selection
record was correct prior  to  the  convening  of  the  selection  board  but
through no fault of his own, was unable  to  do  so.   While  it  cannot  be
conclusively determined what impact the omission of the award citations  and
incorrect duty history  may  have  had  on  his  promotion  opportunity,  we
believe any doubt should be  resolved  in  his  favor  and  that  the  final
determination should  be  appropriately  placed  in  the  hands  of  a  duly
constituted SSB.  Therefore, it is our opinion that his  records  should  be
corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  by  amending  the  Officer  Selection  Brief,
prepared for the Calendar  Year  2004A  Major  Central  Selection  Board  as
follows:

      a.  Delete the duty title entry  dated  28  September  2003  from  his
Officer Selection Brief  (OSB)  prepared  for  consideration  by  the  CY04A
Central Major Selection Board.

      b.  Include  the  citations  to  accompany  award  of  the  Air  Force
Achievement Medal (AFAM), and AFAM (first oak leaf cluster) in  his  Officer
Selection Record (OSR).

It is further directed that his record, to include  the  above  corrections,
be considered for promotion to the grade of major  by  a  Special  Selection
Board (SSB) for the CY04A Central Major Selection Board.

_________________________________________________________________

The following members of  the  Board  considered  this  application,  AFBCMR
Docket Number BC-2005-02072,  in  Executive  Session  on  21 February  2006,
under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Glenda B. Scheiner, Panel Member
            Mr. Patrick Daugherty, Panel Member

All members voted to correct  the  record  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, HQ AFPC/DPPPO, dated 25 Aug 05 w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.
      Exhibit E.  Letter, Applicant, dated 20 Sep 05.




                 RICHARD A. PETERSON
                 Panel Chair



AFBCMR BC-2005-02072




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
APPLICANT, be corrected by amending the Officer Selection Brief, prepared
for the Calendar Year 2004A Major Central Selection Board as follows:

      a.  The duty title entry dated 28 September 2003, be, and hereby
is, deleted from his Officer Selection Brief (OSB) prepared for
consideration by the CY04A Central Major Selection Board.

      b.  The citations to accompany award of the Air Force Achievement
Medal (AFAM), and AFAM (first oak leaf cluster) were accepted for file in
his Officer Selection Record (OSR) on or before 1 November 2004.

      It is further directed that his record, to include the above
corrections, be considered for promotion to the grade of major by a
Special Selection Board (SSB) for the CY04A Central Major Selection
Board.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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