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AF | BCMR | CY2006 | BC-2005-02343
Original file (BC-2005-02343.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02343
                                             INDEX CODE:  131.01

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  30 JANUARY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

1. His AF IMT 709, Promotion Recommendation Form (PRF), for P0504S,
be corrected to read “administrator” or “MSC” versus “physician” in
the last line.

2. His February 2004 letter to the Calendar Year (CY) 2004A Central
Selection Board (CSB) be removed.

3. He be considered  for  promotion  to  the  grade  of  lieutenant
colonel by Special Selection Board  (SSB)  for  the  Calendar  Year
2004A (CY04A) Central Lieutenant Colonel Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His PRF for the Lieutenant  Colonel  MSC  Board  CY04C  incorrectly
indicated he was a physician.  The term “physician” invalidates the
PRF.  He PCS’d to Korea after the  new  Wing  CC,  the  person  who
signed the PRF even arrived; she obviously did not  know  him.   He
was not able to receive a copy of the signed  recommendation  until
his request for records following the promotion board.   His  calls
to Hill AFB, and his TDY in Oct 04, resulted in  him  obtaining  an
unsigned draft, which did not have this egregious error.

His letter written to the CY04A Lt Col MSC Board was to be expunged
prior to the convening of CY04C Lt Col MSC  Board.   He  feels  the
letters relevance was no longer applicable to  the  board  and  may
have been detrimental.

In support of his appeal, the applicant provided copies of his PRF,
the letter to the CY04A Lt Col Central  Selection  Board,  and  his
Commander’s 18 Feb 04 letter to the Board.

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

___________________________________________________________________

STATEMENT OF FACTS:


The applicant is serving on active duty in the grade of major.  His
Total Active Federal Military Service Date (TAFMSD) is 1 Jun 91.  A
review of the applicant’s last five OPRs reveals overall ratings of
meets standards.  The applicant has two nonselections to the  grade
of lieutenant colonel by the CY04A (1 Mar 04) (P0504A),  and  CY04C
(6 Dec 04) (P0504C) Lieutenant Colonel Central Selection Boards.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                    1 May 00      Meets Standards
                    1 May 01      Meets Standards
                    1 May 02      Meets Standards
                  # 1 May 03      Meets Standards
                 ## 1 May 04      Meets Standards

# - Top Report on file at time of the CY04A selection board.
## - Top Report on file at time of the CY04C selection board.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends denial. DPPP states the applicant  did  not
file an appeal under the  provisions  of  AFI  36-2401,  Correcting
Officer and Enlisted Evaluation Reports, 20 Feb 04.

DPPP further states, the applicant failed to provide memorandums of
support from the Senior Rater and MLR President concurring with the
request and an explanation as to why  it  should  be  changed.   In
addition, the member failed to provide a substitute report with the
appropriate changes.

The member’s contention that his letter to the CY04A  CSB  was  not
expunged prior  to  the  CY04C  CSB  is  unfounded.   AFI  36-2501,
paragraph  2.10.1.3.,  specifically   states   “Immediately   after
completion of the Central  Selection  Board,  the  letter  will  be
removed from the individual’s selection folder and the letter, or a
copy thereof, placed in the master personnel record for historical,
legal, and appeal purposes only.”  As such, his letter to the CY03A
CSB  was  not  filed  in  his  CY04C  Officer   Selection   Record.
Therefore, a SSB is not warranted.

The DPPPO evaluation, with attachments, is at Exhibit B.

___________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation applicant  states  multiple
attempts to obtain a copy of the PRF in advance of the  board  were
unsuccessful.  His rater gave him a draft copy prior to  retirement
which did not have this error.  He did not see  the  PRF  until  he
requested a copy of his records that met the board.  He believes it
is apparent and straight forward that he is not a physician  so  to
change it to administrator or MSC is appropriate.  He also believes
the error invalidates all  positive  statements  presented  in  the
document.  The MLR and promotion board event had already past  when
he saw the PRF.  Support for obtaining the PRF  through  Air  Force
Element in Korea failed.  He asks, with PCSs and retirement of  key
individuals involved who writes a new or substitute PRF?

His contention that the letter to the CY04A CSB was not expunged is
based on his request for a copy of the records that met the  board.
His request was fulfilled and included this  record.   The  process
may be to expunge these letters but when he requested a copy of his
records that met the board it was still in there.

Applicant’s response is at 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 and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, 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 Docket Number BC-2005-
02343 in Executive Session on 2 March 2006, under the provisions of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. James L. Sommer, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 6 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Dec 05.
    Exhibit E.  Letter, Applicant, undated.




                                   MARILYN M. THOMAS
                                   Vice Chair

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