RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02605
            INDEX CODE:  131.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  21 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a direct promotion to the grade of lieutenant  colonel  by
the CY99B Lieutenant Colonel Central Selection Board.

In addition, he request the following  decorations  be  added  to  his
records:

   1) Award of the Bronze Star (BSM).
   2) Award of the Defense Meritorious Service Medal (DMSM).
   3) Award of the Joint Meritorious Unit Award (JMUA).
   4) Award for service while stationed in Iraq.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Several awards and decorations should be added to his records and once
corrected, his corrected records should be  considered  for  a  direct
promotion to lieutenant colonel.  His records were not  updated  prior
to his separation and his corrected records entitle him  to  a  direct
promotion.

In support of his appeal, applicant submitted seven DD Forms 149, with
numerous documents as evidence of his claim.

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


STATEMENT OF FACTS:

Applicant  was  commissioned  and  entered  extended  active  duty  on
5 Jan 84.  He was progressively promoted to the grade of major with  a
promotion service date of 1 Jan 96.

Applicant's OPR profile for the last ten reporting periods follows:


PERIOD ENDING    OVERALL EVALUATION

      05 Mar 96  Meets Standards (MS)
      05 Mar 97  MS
      05 Mar 98  MS
      05 Mar 99  MS
      08 Oct 99  MS
      03 Jul 00  MS
      29 Jun 01  Training Report (TR)
      03 Jul 01  MS
      03 Jul 02  MS
      08 Apr 03  MS

Applicant was nonselected by the CY99B (6 Dec 99), CY00A  (28 Nov 00),
CY01B (5 Nov 01), CY02B (12 Nov 02) and  CY03A  (8 Jul 03)  Lieutenant
Colonel Central Selection Boards.

On 1 Jul 04, he was honorably retired in the grade of major.   He  was
credited with 20 years, 5 months, and 26 days of active duty service.

Applicant’s records were administratively  corrected  to  reflect  the
following awards on his DD Form 214, dated:

   1) Awarded the BSM, Special Order G-3337, dated 17 Aug 04.
   2) Awarded the DMSM, Special Order J1ATF-001, dated 1 Jul 04.
   3) Awarded the JMUA, Joint  Staff  Permanent  Order  J-ISO-0197-04,
      dated 18 Jan 05.

In addition, he was awarded the Korean Defense  Service  Medal  (KDSM)
while assigned in the Republic of Korea, for the period of 6 Mar 98  –
8  Oct  99;  the  Iraqi  Campaign  Medal  (ICM)  and  the  Air   Force
Expeditionary Service Ribbon with Gold Border (AFESR  w/GB)  while  in
direct support of Operation IRAQI FREEDOM from 26 Feb 03 – 1  Dec  03,
and the Global War on Terrorism Service Medal (GWOT-S) for his  direct
support of the Global War on Terrorism.

On 25 Apr 01, the AFBCMR corrected the  applicant’s  records  amending
the officer performance reports (OPRs) closing on 5 Mar 98 and  8  Oct
99 and directed that he be considered by an  Special  Selection  Board
for the CY99B Lieutenant  Colonel  Central  Selection  Board  and  any
subsequent boards that the OPRs as corrected above were not  a  matter
of record.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this application and recommended denial.

            1)  They noted that the BSM and  DMSM  were  not  approved
until 17 Aug 04 and 1 Jul 04, respectively; after the  convening  date
of any board the applicant met.  Therefore, they were  not  authorized
to be on the officer selection brief (OSB) and he was not entitled  to
a Special Selection Board.

            2)  The completion of Air Command and Staff College (ACSC)
was reflected on his OSB for every board the applicant  was  eligible.
Therefore, there is no entitlement for an SSB.

            3)  His duty  AFSCs  were  updated  on  the  OSB  for  all
eligible boards, and he did not identify any duty history error on any
of the OSBs.

            4)  The Korean Medal is not an authorized decoration to be
reflected on the OSB.

            5)  The Homeland Security Medal and the Master Space Badge
are not authorized decorations that are reflected on the OSB.

The applicant has not provided any evidence that  errors  existed  for
any promotion board he was eligible  to  meet.   The  corrections  the
applicant has requested is for  the  DD  Form  214,  which  is  not  a
document  seen  by  a  promotion  board.   The  applicant   previously
requested a correction of his  records  and  was  granted  an  SSB  in
Apr 01.  However, he was not selected.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Jun 06 for review and comment within 30 days.  As of this date,  no
response has been received by this office (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 an error or injustice warranting favorable action  on
the applicant’s request  for  a  direct  promotion  to  the  grade  of
lieutenant colonel, as if selected by  the  CY99B  Lieutenant  Colonel
Central Selection Board.  In  this  respect,  we  note  that  officers
compete for  promotion  under  the  whole  person  concept  whereby  a
multitude of factors are carefully assessed  by  the  selection  board
members prior to  scoring  the  record.   In  addition,  they  may  be
qualified but – in the judgment of selection board members vested with
discretionary authority to make the selections –- he/she  may  not  be
the best qualified of  those  available  for  the  limited  number  of
promotion vacancies.   Consequently,  a  direct  promotion  should  be
granted only under extraordinary circumstances; i.e., a  showing  that
the officer’s record cannot be reconstructed in such a manner so as to
permit him/her to compete for promotion on a fair and equitable basis;
a showing that had the original errors not occurred,  the  probability
of his being selected for promotion would have  been  extremely  high.
We do not find these factors in this case.   Even  though  an  earlier
panel of the Board revised two of the applicant’s  OPRs  and  resolved
the benefit of any doubt in his favor by granting reconsideration  for
promotion by an SSB, we do not believe the remainder of his record was
flawed so as to preclude him from competing for promotion  before  the
SSBs on a fair and equitable basis.  With respect to  the  applicant’s
contentions concerning awards and decorations affecting his  promotion
ability, the Board is  of  the  opinion  AFPC/DPPPO  has  sufficiently
addressed his concerns, and adopts its rationale as the basis for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  In view of the foregoing, and in the absence  of  evidence
to the contrary, we find no compelling basis to recommend granting the
requested relief.

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 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 AFBCMR Docket Number BC-
2005-02605 in  Executive  Session  on  6  September  2006,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Patricia J. Zarodkiewicz, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 7 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jun 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair