RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03118
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  11 Apr 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The assignment history section of his Officer  Selection  Brief  (OSB)
prepared for and viewed by the CY04A Major Central Selection Board  be
corrected to reflect his duty status as a C-21A Instructor Pilot.

He be considered for promotion  to  the  grade  of  major  by  special
selection board (SSB) with the corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He took steps to  correct  his  OSB  through  his  squadron  commander
support staff after noticing that his position as a  C-21A  Instructor
Pilot was missing from his duty history.  However, the correction fell
through the crack and due to his pending permanent change  of  station
(PCS) move he was unable to verify that his record had been  corrected
before the promotion board met.  After learning of his nonselection to
major, he took steps to get his record corrected.

In support of his appeal, applicant submits a copy of his OSB and  his
record of performance.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
captain.  He entered active duty on 27  May  96.   The  applicant  was
considered but not selected for promotion to major by the CY04A  Major
Central Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial  of  the  applicant’s   request.    The
applicant did not provide any documentation to show that he  exercised
due diligence in ensuring that  his  OSB  was  correct  prior  to  the
convening of the promotion board.

The 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
28 Dec 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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, the majority of the Board agrees  with  the  opinion
and  recommendation  of   the   Air   Force   office   of   primary
responsibility and  adopt  its  rationale  as  the  basis  for  our
conclusion the applicant has not been the victim  of  an  error  or
injustice.  Therefore, in the absence of evidence to the  contrary,
the majority of the Board finds no compelling  basis  to  recommend
granting the relief sought in this application.

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.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
03118  in  Executive  Session  on  14  February  2006,  under   the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Cheryl Jacobson, Member
      Ms. Leloy W. Cottrell, Member

By a majority vote, the Board voted to  deny  applicant’s  request.
Mr. Peterson voted  to  grant  the  applicant’s  requests  and  has
attached a minority report.  The following documentary evidence was
considered:

    Exhibit A.  DD Form 149, dated 7 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 27 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Dec 05.
    Exhibit E.  Minority Report




                                   RICHARD A. PETERSON
                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

          In Executive Session on 14 February 2006, we  considered  the
applicant’s request for correction of his Officer Selection Brief (OSB)
and consideration for promotion  to  the  grade  of  major  by  special
selection board (SSB).  A majority of  the  Board  voted  to  deny  his
request.  I disagree with their decision.

          In reaching their decision to deny, the Board majority agrees
with the Air Force Office of  Primary  Responsibility  (OPR)  that  the
applicant failed  to  provide  sufficient  evidence  he  exercised  due
diligence to insure his records were correct  prior  to  the  promotion
board.  The applicant is  an  Air  Force  pilot  and  believes  he  has
suffered an injustice because his position as an “instructor pilot” was
not included in his  duty  history.   While  it  cannot  be  said  with
certainty that the missing  duty  title  caused  his  nonselection  for
promotion, there is a possibility it may have.   Importantly,  the  Air
Force OPR has confirmed that the applicant’s OSB that went  before  the
Promotion Board was indeed incorrect.  I  strongly  believe  the  Board
should have accepted the applicant’s statement  that  he  reviewed  his
records, found the error in his  duty  title  and  made  an  effort  to
correct his records through his  squadron  commander’s  support  staff.
Further, that he was unable to follow-up on his efforts  because  of  a
PCS move.  Apparently, the Board majority  believes  the  applicant  is
required to go to extraordinary heroic efforts to correct  his  records
while documenting every step before being granted relief.  This  is  an
untenable standard.  I believe the applicant should be given a fair and
just chance at promotion.  Accordingly, correcting the OSB and granting
an SSB  is  the  only  relief  available  to  correct  this  injustice.
Recommend the majority’s decision be reversed.




                       RICHARD A. PETERSON
                       Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM:  SAF/MRB

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

    After carefully reviewing the rationale of both the majority of
the Board and the minority member, I disagree with the majority’s
recommendation to deny the applicant’s request to correct his OSB and
to grant him promotion consideration to the grade of major by special
selection board (SSB).  I believe the rationale provided by the
minority member makes a strong case to grant the relief requested and,
as such, I adopt his rationale as the basis for my decision the
applicant has been the victim of an error or injustice warranting
relief.  Therefore, I direct the applicant’s records be corrected to
show that:

        a.  The Officer Selection Brief (OSB) prepared on him and
viewed by the CY04A Major Central Selection Board be corrected in the
“Assignment History” section to add the duty title “C-21A Instructor
Pilot/Assistant Flight Commander,” with an effective date of 19 August
2004, “Wing/Base” level, “AMC” Major Command, and organization of
“Airlift Squadron” at “Scott AFB.”

        b.  He be considered for promotion to the grade of major by
special selection board (SSB) for the CY04A Major Central Selection
Board with the corrected record.




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency
AFBCMR BC-2005-03118


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 XXXXXXX, XXXXXXX, be corrected to show that The
Officer Selection Brief (OSB) viewed by the CY04A Major Central
Selection Board be corrected in the “Assignment History” section to
add the duty title “C-21A Instructor Pilot/Assistant Flight
Commander,” with an effective date of 19 August 2004, “Wing/Base”
level, “AMC” Major Command, and organization of “Airlift Squadron”
at “Scott AFB.”

      It is further directed that the applicant be considered for
promotion to the grade of major by special selection board (SSB)
for the CY04A Major Central Selection Board with the corrected
record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency