RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00071
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  6 Jul 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Training Report (TR) rendered on him for the period    27  Feb  04
through 13 Jun 05 be included in his Officer  Selection  Record  (OSR)
considered by the  Calendar  Year  2005A  (CY05A)  Central  Lieutenant
Colonel Selection Board

He be considered for promotion to the grade of lieutenant  colonel  by
special selection board (SSB) for the CY05A Central Lieutenant Colonel
Selection Board with the corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a clerical error, the  TR  rendered  on  him  for  Intermediate
Developmental Education (IDE) was not  included  in  his  OSR.   As  a
result, he believes, the promotion selection board did not know of his
accomplishments/honors, which included  distinguished  graduate  (DG),
his ranking as  the  #1  graduate  of  7  and  his  selection  for  an
internship at DARPA.

He exercised due diligence to ensure his records were  complete  prior
to the selection board.

In support of  his  appeal,  applicant  provides  several  letters  of
support and a copy of the referenced TR.

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
major.  He was considered but not promoted to the grade of  lieutenant
colonel below-the-promotion-zone (BTZ) by the CY05A Central Lieutenant
Selection Board (6 Jul 05).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s  request.   They  note
that officers being considered by central promotion  boards  have  TRs
with different closeout dates and that it is not realistic to hold the
Air Force accountable for the expedition of reports that close out  in
proximity to those boards.  AFPC/DPPPO further notes that AFI 36-2406,
paragraph 6.5.1.3, Officer and Enlisted Evaluation Systems states that
TRs on extended active duty (EAD) officers are due at HQ AFPC no later
than 60 days following closeout of the report.  The contested  TR  was
not required to be on file  until  13  Aug  05.   To  allow  promotion
consideration by SSB based on inclusion of reports not required to  be
in the OSR would be unfair to other officers similarly situated.

AFPC/DPPPO notes the applicant provides a letter from personnel at IDE
stating a copy of the TR was faxed on 1 Jul  05.   However,  AFPC/PBR1
had no record of  the  TR  being  faxed  when  contacted.   AFPC/DPPPO
further notes the applicant’s option of submitting  a  letter  to  the
board president to address any matter  of  record  concerning  him  he
believed  important  to   his   promotion   consideration.    Finally,
AFPC/DPPPO states the  selection  board  members  were  aware  of  the
applicant’s in-residence IDE completion due to an entry on his Officer
Selection Brief (OSB) in the “Developmental Education” section.   They
attach a copy of the applicant’s OSB.

The complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds to AFPC/DPPPO’s evaluation  by  addressing  the
four paragraphs under the facts and comments section as follows:

        a.  Regarding DPPPO’s assertion that it is  not  realistic  to
hold the Air Force accountable for expedition of  reports  that  close
out in proximity to  promotion  boards,  the  applicant  indicates  he
believes that TRs from the same school should  be  treated  the  same.
The applicant states that what DPPPO does not indicate is that most of
the TRs that closed out the same date as  his  were  in  the  members’
Officer Selection Record (OSR) for his promotion board.

        b.  The  applicant  indicates  the  statement  by  DPPPO  that
AFPC/DBR1 had no record of his TR being faxed is the  main  contention
of his appeal.  He does not believe  an  administrative  error  should
prevent his complete  OSR  from  meeting  the  promotion  board.   The
applicant states it was the Air Force Institute of Technology’s (AFIT)
intent to have his TR included in his OSR.

        c.  The applicant states he was aware of the option to write a
letter to the board president, but when he was advised his TR had been
forwarded to AFPC elected not to exercise this option.

        d.  The applicant states that while the board  may  have  been
aware  of  his  attendance  to  AFIT/IDE,  it  was   the   honors   he
“accumulated” that were important.

The applicant reiterates that his appeal is based on what should  have
happened with his TR not what was required to have happened.

The applicant’s complete response 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.  The  Board  notes  the  support  the
applicant has from his rating chain regarding his application.   Based
on the letter from the Associate Dean  of  the  school  the  applicant
attended at AFIT, steps were taken to expedite  the  Training  Reports
(TR) of all the graduates of the AFIT IDE program  so  they  might  be
included in the Officer Selection Records (OSR) of all those  officers
eligible for promotion consideration by the CY05A  Lieutenant  Colonel
Central Selection Board.  However, it appears that for some reason the
applicant’s TR did not make it into his OSR while other  graduates  of
the program did.  We have no way of knowing  whether  the  missing  TR
would have made a difference in the applicant’s promotion results, but
given the applicant’s stellar performance and status as the number one
graduate of the program, we believe it is an injustice for his TR  not
to be included in his OSR while other graduates were.   Therefore,  we
recommend the applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating   to   APPLICANT,   be   corrected   to   show    that    the
Education/Training Report, AF IMT 475, rendered for the period  27 Feb
04 thru 13 Jun 05 was accepted  for  file  in  his  Officer  Selection
Record (OSR) on 2 Jul 05.

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

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
00071 in Executive Session on 2 May 2006, under the provisions of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. John E. B. Smith, Member
      Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Dec 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 16 Mar 06.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Mar 06.
     Exhibit E.  Memorandum, Applicant, dated 21 Apr 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2006-00071


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
Education/Training Report, AF IMT 475, rendered for the period  27
Feb 04 thru 13 Jun 05 was accepted for file in his Officer
Selection Record (OSR) on 2 Jul 05.

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




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency