RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03804
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX          HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  17 JUNE 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR)  be  corrected  to  include  the  Officer
Performance Report (OPR) rendered for the period 21  June  2004  through  20
June 2005; the award of the Meritorious Service  Medal  (MSM  3OLC)  and  he
receive Special Selection Board (SSB) consideration  for  promotion  to  the
grade of lieutenant colonel for the Calendar Year 2005A  (CY05A)  Lieutenant
Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The absence of his 2005 OPR and 2005  MSM  citation  significantly  impacted
the quality of his overall records. He exercised  due  diligence  to  ensure
this information made it into his record prior to the  board;  however,  due
to the short timeline prior to the board (2005 OPR signed  just  days  prior
to the board) the information never made it into his board  records,  though
it was in his personnel  records.  It  was  the  intent  of  his  rater  and
additional rater that his OPR (Jun 04-Jun 05) meet the Board and it  appears
to have been an administrative error that resulted in the  OPR  not  getting
in the record that met the promotion board. The final MSM from the Army  was
entered into his records two months prior to the  board  and  he  personally
submitted the citation to the wing’s decoration section. It is  unclear  why
that wasn’t added to the board records.

In support of his application, the applicant submits  a  copy  of  his  OPR,
emails from his commanders, letter from the MPF,  and  a  copy  of  the  MSM
citation.

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

_________________________________________________________________




STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for promotion by the CY05A
Lieutenant Colonel Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial.  The  applicant   contends   he   personally
submitted his citation for the MSM (3OLC) to the wing’s  decoration  section
and does not know why it wasn’t added  to  his  board  record.  However,  to
ensure the contents of his actual OSR  were  correct,  the  applicant  would
have had to request a copy of his record from AFPC/PBR1  (Officer  Records),
as directed in the instructions attached to the Officer  Preselection  Brief
that each eligible officer for promotion receives prior to CSB.  If  he  had
done so, he would have noticed the  missing  citation  and  taken  corrected
action prior to the board. It  is  the  member’s  responsibility  to  ensure
accuracy of his record prior to the board convening date, not after  he  has
been nonselected for promotion.  Additionally,  although  the  citation  was
missing from his OSR, the MSM (3OLC) was reflected in the  decoration  block
on his Officer Selection  Brief  (OSB).  As  such,  the  board  members  had
knowledge the decoration existed  and  were  able  to  factor  it  into  the
promotion selection process.

DPPPO must point out that promotion boards consider thousands of  OSRs.  The
officers being considered by these boards have  OPRs  with  different  close
out dates. It is not  realistic  to  hold  the  Air  Force  accountable  for
expedition of reports that close out in close  proximity  to  the  promotion
boards. For this reason we rely on AFI  36-2406,  para  3.8.5,  Officer  and
Enlisted Evaluation Systems, which states the OPRs on EAD officers  are  due
at AFPC no later  than  60  days  following  closeout  of  the  report.  The
applicant’s OPR that closed out on 20 June 2005 was not required  to  be  on
file until 20 August 2005. If DPPPO were to allow the inclusion  of  reports
that were  not  required  to  be  in  the  OSR  to  be  the  basis  for  SSB
consideration, it would be unfair to other officers who  had  reports  close
out less than 60 days from the promotion board, and whose  reports  may  not
have been expedited by their rating chains. Therefore, we  recommend  denial
for SSB consideration.

AFPC/DPPPO complete evaluation is at Exhibit C.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated it is  reasonable
to assume that many officers OPRs were  expedited  successfully  into  their
records. As the 437 MSS/CC points out in his memo, “there are  processes  in
place to ensure last minute  information  can  be  included".  Clearly  with
these procedures in place, it demonstrates that it  is  the  intend  of  the
board process in general to receive  expedited/last  minute  information  to
get the best possible record to assess.

He respectfully requests the Board afford his  complete  record  to  include
the OPR which closed on  20  June  2005  be  considered  by  a  supplemental
promotion board. An administrative error beyond his control was  responsible
for this OPR not getting filed in his records in time to meet the  promotion
board despite the intent of all involved that it be in the  record  seen  by
the P0505A Lt Col line Promotion Board. Absence of  this  OPR  significantly
impacted the quality of his overall record.

Applicant’s complete 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  warranting  favorable  action  on   the
applicant’s request for special selection  board  (SSB)  consideration  with
the OPR closing 20 June 2005 included in  his  record.   The  governing  Air
Force instruction requires that  performance  reports  on  EAD  officers  be
filed in the member’s record no later  than  60  days  after  the  close-out
date.  In this case, the contested report closed out on  20  June  2005  and
was not required to be on file until 20 August  2005.   Therefore,  the  OPR
was not required to be a matter of  record  by  the  Board  convening  date.
Nevertheless, we note that the contested report  was  signed  by  the  final
reviewing official on 27 June 2005, and that  the  senior  rater,  who  also
served as the additional rater/reviewer, indicated she tried  to  make  sure
the report made it to the board.  In view of this, we find that  through  no
fault of the applicant, his record was incomplete  when  he  was  considered
for promotion by the  CY05A  Lieutenant  Colonel  Central  Selection  Board.
Therefore, to preclude any injustice to the applicant, we believe he  should
be given consideration for promotion by a Special Selection Board  with  the
contested OPR included in his record.

4.  With respect to the Meritorious Service Medal, Third Oak  Leaf  Cluster,
we note the citation for the MSM was missing from  the  applicant’s  Officer
Selection Record when it  was  reviewed  by  the  CY05A  Lieutenant  Colonel
Selection  Board.   Although  this  award  was  reflected  on  the   Officer
Selection Brief (OSB), we believe this citation gives  the  selection  board
members detailed information as to the  reason  for  the  award.   While  it
cannot be conclusively determined whether or not the  missing  citation  was
the sole cause for the applicant's nonselection for promotion by  the  board
in question, we do believe that  it  served  to  deprive  him  of  fair  and
equitable consideration.  Therefore, in an effort to remove any  possibility
of an injustice to applicant we recommend the OSR be  corrected  to  reflect
the Meritorious Service Medal, third Oak Leaf Cluster, and  he  be  provided
consideration by a Special Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  The Field Grade Officer  Performance  Report,  AF  Form  IMT
707A, rendered for the period  21  June  2004  through  20  June  2005,  was
accepted for file in his Officer Selection Record on   1 July 2005.

            b.  The Citation to  accompany  the  award  of  the  Meritorious
Service Medal, third Oak Leaf Cluster for the period 26 August  2004  to  23
February 2005, was accepted for file in his Officer Selection Record  on  or
before 1 July 2005.

      It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by a  Special  Selection  Board  (SSB)  for  the
CY05A Lieutenant Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03804 in Executive Session on 6 April 2006, under the provisions of AFI  36-
2603:

            Mr. James W. Russell III, Panel Chair
            Mr. James L. Sommer, Member
            Ms. Barbara R. Murray, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2005-03804:

    Exhibit A.  DD Form 149, dated 5 Dec 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 10 Mar 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.
    Exhibit E.  Applicant's Response, dated 8 Mar 06, w/atchs.





                                   JAMES W. RUSSELL III
                                   Panel Chair
AFBCMR BC-2005-03804




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:

            a.  The Field Grade Officer Performance Report, AF Form IMT
707A, rendered for the period 21 June 2004 through 20 June 2005, was
accepted for file in his Officer Selection Record on 1 July 2005.

            b.  The Citation to accompany the award of the Meritorious
Service Medal, third Oak Leaf Cluster for the period 26 August 2004 to 23
February 2005, was accepted for file in his Officer Selection Record on or
before 1 July 2005.

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board (SSB) for the
CY05A Lieutenant Colonel Central Selection Board.






           JOE G. LINEBERGER

           Director

           Air Force Review Boards Agency