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AF | BCMR | CY2006 | BC-2005-03261
Original file (BC-2005-03261.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2005-03261
                                       INDEX CODE:  100.05, 131.01
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  28 April 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

A new Promotion Recommendation Form (PRF) be  completed  by  Osan  Air  Base
(AB) and he be granted Special Selection Board (SSB)  consideration  by  the
CY04A (1 Nov 04) (P0404N) Major Central Selection Board (CSB).
_________________________________________________________________

APPLICANT CONTENDS THAT:

During his Permanent Change of Station (PCS) to Korea in June 2004, his  new
supervisors were informed of the upcoming selection board and  were  waiting
to receive the PRF tasking.  Upon requesting the status of the PRF  tasking,
his chain-of-command was informed the PRF  had  already  been  completed  by
Andrews Air Force  Base  and  submitted.   Upon  receiving  a  copy  of  the
completed PRF, he noticed it was basically an almost exact duplicate of  his
2003 PRF.  An opportunity to implement some suggested changes from his  2003
PRF was missed.

In support of his application, the applicant provides a personal  statement.
 The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system, the applicant is  currently
serving on active duty in the grade of captain with a  date  of  rank  of  1
June 1997.  He has a Total Active Federal Military Service Date of 27  April
1986, a Total Active Federal Commissioned Service Date of 30 May 1993 and  a
projected date of separation of 30 April 2006.  The following  is  a  resume
of the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      28 Jun 98 (Capt)                        MS
      28 Jun 99                                    MS
       8 Feb 00                         Training Report (TR)
      28 Jun 00                                    MS
      28 Jun 01                                    MS
      28 Jun 02                                    MS
      28 Jun 03                                    MS
      30 Jun 04                                    MS
      30 Mar 05                                    MS

The applicant has two nonselections to the grade of major by  the  CY03B  (8
Dec 03) (P0403B) and CY04A (1 Nov 04) (P0404N)  Major  CSBs.   He  was  also
considered and nonselected for promotion by an  SSB  for  the  P0403B  board
that convened on 26 September 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE   recommends   denying   the   applicant’s   request   for    SSB
consideration.  DPPPE  states  the  applicant  provides  no  basis  for  his
contention that his PRF for the CY04A CSB should have been  written  by  his
gaining organization (Korea).  His date arrived station to his new unit  was
10 June 2004, which is after the PRF accounting date  (4  June  2004).   The
PRF accounting date is defined as the date that determines the senior  rater
responsible for PRF preparation.

DPPPE states officers receive their PRF approximately 30 days prior  to  the
CSB to allow officers to review their PRF and to consult with  their  senior
raters for any possible correction or to possibly include information  which
was left out.  If eligible officers do not receive their  PRF  approximately
30 days prior to the CSB, they  are  further  instructed  to  contact  their
senior rater.  Air Force Instruction (AFI) 36-2406,  paragraph  8.5  states,
“A PRF is considered a working copy prior to the  CSB.”   Additionally,  AFI
36-2501, 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.”  It is DPPPE’s opinion the  applicant  failed  to
exercise reasonable  diligence  in  contacting  his  senior  rater  for  any
possible correction or additions prior to the CSB; therefore,  there  is  no
basis to grant SSB consideration.  The DPPPE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims his PRF was received at Osan AB with less than 30  days
prior to the CSB.  His senior raters  were  under  the  impression  that  no
correction could be made to the PRF at that time.  His  rater  generated  an
Air Force Form 77 in an attempt to submit additional comments to the  board.
 His raters would have considered his record for a “Definitely Promote”  but
mentioned that the few available at Osan AB at that  time  were  awarded  to
pilots.   He  strongly  rejects  that  he  “failed  to  exercise  reasonable
diligence” as he communicated with all levels  of  his  leadership  candidly
and left in their hands and expertise to advise and accomplish the  task  at
hand.  He finds it unnecessary and inappropriate to  mention  the  instances
of his other board nonselections as each circumstance is unique and  has  no
bearing on his current request.  He considers himself  more  than  qualified
to have been promoted and does not understand how he  could  not  have  been
selected for promotion.  He will pursue any reasonable avenue where he  sees
a deficiency in the process.  The applicant’s rebuttal 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 an  error  or  injustice.   The  applicant  has  requested  SSB
consideration by the CY04A Major  CSB  with  a  new  PRF  completed  by  his
gaining  organization.   As  noted  by  the  Air  Force  Office  of  Primary
Responsibility, the applicant provides no basis for his contention that  his
PRF in question should have been written by his  gaining  organization.   We
note his PRF accounting date (4 June 2004) was prior  to  his  date  arrived
station (10 June 2004) at his new unit in Korea.   Therefore,  we  find  his
PRF was accomplished by  the  appropriate  organization.   Additionally,  we
note the applicant had approximately 30 days prior to the CSB  convening  to
bring any errors or omissions to the attention of his senior  rater.   Based
on  the  preceding   information,   we   agree   with   the   opinions   and
recommendations of the Air  Force  offices  of  primary  responsibility  and
adopt their rationale as the basis for our  conclusion  that  the  applicant
has not been  the  victim  of  an  error  or  injustice.   Accordingly,  the
applicant’s request is not favorably considered.

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 this application in  Executive
Session on 21 March 2006, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Ms. Debra Walker, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-03261:

    Exhibit A.  DD Form 149, dated 9 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 10 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 06.
    Exhibit E.  Applicant’s Rebuttal, dated 9 Feb 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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