RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00127
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection  Brief  (OSB)  for  the  Calendar  Year  2005A (CY05A)
Lieutenant Colonel (Lt Col) Central Selection Board (CSB)  be  corrected  to
reflect his deployment to Afghanistan from 8 July 2002  through  12  October
2002 and that he receive Special Selection  Board  (SSB)  consideration  for
promotion to the grade of Lt Col for the CY05A Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His deployment to Afghanistan was not reflected on his OSB prepared for  the
CY05A Selection Board.  He feels the absence of this significant  deployment
from July to October 2002 gave a mistaken impression to the members  of  the
board.  He further  indicates  such  an  impression  could  have  negatively
impacted the scoring of his records.

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 effective and with a date of rank (DOR) of 1 December 2001.

The applicant was considered and not selected for promotion to the grade  of
Lt Col by the CY05A Lt Col CSB, which convened on 6 July 2005.



The OSB  prepared  for  the  CY05A  Selection  Board  did  not  reflect  the
applicant’s deployment to Afghanistan.  However,  as  of  13 December  2005,
his record contains his complete deployment history.

OPR profile since 2000 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 05 Jul 00        Meets Standards (MS)
                 18 Feb 01                   (MS)
                 16 Jan 02                   (MS)
                 14 Nov 02                   (MS)
                 14 Nov 03                   (MS)
                 14 Nov 04                   (MS)
                 * 23 May 05                 (MS)

*Top Report for the CY05A Lt Col Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO finds the applicant has provided evidence to  support  his  claim.
They defer to HQ AFPC/DPPPO  for  SSB  consideration.   They  indicated  the
applicant’s CY05A Lt Col CSB OSB contained incomplete deployment data.   The
applicant’s record now contains his complete deployment  history  as  of  13
December 2005.  When his OSB was printed on 27 June  2005  for  the  Lt  Col
board, the referenced deployment was not reflected.

The evaluation is at Exhibit C.

AFPC/DPPPO recommended denial.  They  indicated  eligible  officers  meeting
CSBs are given Officer Preselection Briefs (OPBs) 90-100 days prior  to  the
board.  The OPB contains data that will appear on the OSB  for  the  board’s
consideration.  It is the member’s responsibility to  ensure  this  data  is
correctly updated on his OSB.  Furthermore,  the  instructions  attached  to
the  OPB  tell  the  officers  to  carefully  examine   their   record   for
completeness and accuracy, and that they may correspond  by  letter  to  the
board to call attention to any matter of record concerning  them  that  they
believe important to their consideration.  The applicant  did  not  exercise
his option to write to the board informing them of  the  missing  deployment
data nor did he provide any documentation demonstrating  that  he  exercised
due diligence in ensuring his OSB was correct  prior  to  convening  of  the
board.

Additionally, upon reviewing the applicant’s record, they found that his  14
November 2002 Officer Performance Report (OPR) and Promotion  Recommendation
Form (PRF) that met the CY05A board mentions his deployment to  Afghanistan.
 As such, the board members were able to consider this  information  in  the
promotion  selection  process.   Updating  his  CY05A  OSB  to  include  the
deployment period would  not  introduce  any  new  information  not  already
considered by the board.

AFI  36-2501,  paragraph  6.3.2.2,  states  SSBs  will  not  convene  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.   The  applicant  failed  to  exercise
reasonable diligence in ensuring his record was accurate prior to the CSB.

Should  the  AFBCMR  grant  the  relief  sought,  they  recommend  that  the
applicant’s 8 July 2002 through 12 October 2002 deployment be  reflected  on
his P0505A OSB.

The evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 March 2006, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within  30 days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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’s  contentions  are  duly
noted and we took notice of his 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 (AFPC/DPAO) and adopt its rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  The Air Force acknowledges the  OSB  prepared  for  the
CY05A  Selection  Board  did  not  reflect  the  applicant’s  deployment  to
Afghanistan.  However, as of 13  December  2005,  his  record  contains  his
complete deployment history.  Also, the selection board reviewed his  entire
officer selection record (OSR), including his OPR closing 14  November  2002
and  PRF  that  met  the  CY05A  board  which  reflects  his  deployment  to
Afghanistan.  In addition, the majority of the Board  is  not  persuaded  by
the evidence provided that the applicant exercised due diligence  in  making
sure the correction was processed prior to the board  and  thereby  ensuring
that his record was correct prior to the convening of the  promotion  board.
In view of these findings, the majority of the  Board  is  not  sufficiently
persuaded that the lack of the applicant’s deployment to Afghanistan on  his
OSB, in and of itself, caused his nonselection for promotion  to  the  grade
of lieutenant colonel.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The majority of the panel finds insufficient evidence of error or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00127 in Executive Session on 12 April 2006, under the provisions of AFI 36-
2603:


                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Jean A. Reynolds, Member

Ms. Graham and  Mr.  Beard  recommended  denial  of  the  application.   Ms.
Reynolds voted to grant the applicant’s request.  The following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 27 December 2005, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAO, dated 23 January 2006.
   Exhibit D.  Letter, AFPC/DPPPO, dated 3 March 2006, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 10 March 2006, w/atch.




                       KATHLEEN F. GRAHAM
                       Panel Chair




AFBCMR DOCKET NUMBER 2006-00127






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

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  The majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.





                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency









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

SUBJECT:    AFBCMR Case on

      I have carefully considered all the circumstances of this case and do
not agree with the majority of the AFBCMR panel that the applicant’s
request to have his Officer Selection Brief (OSB) for the Calendar Year
2005A (CY05A) Lieutenant Colonel (Lt Col) Central Selection Board (CSB)
corrected to reflect his deployment to Afghanistan from 8 July 2002 through
12 October 2002 and that he receive Special Selection Board (SSB)
consideration for promotion to the grade of Lt Col for the CY05A Selection
Board, be denied.

      The applicant was nonselected for promotion to the grade of
lieutenant colonel by the CY05A Lieutenant Colonel Central Selection Board
that convened on 6 July 2005.  The OSB prepared for the CY05A Selection
Board did not reflect the applicant’s deployment to Afghanistan.  However,
as of 13 December 2005, his record was updated with his complete deployment
history.  In his application to the AFBCMR, the applicant contends this
error negatively impacted his selection for promotion in that it
incorrectly reflected a significant deployment from July to October 2002.
The Office of Primary Responsibility (OPR) concedes the OSB contained
incomplete deployment data.  However, they note the selection board had the
applicant’s entire record at its disposal, including the Officer
Performance Report (OPR) and Officer Promotion Recommendation Form (PRF)
that met the CY05A board reflecting the deployment to Afghanistan.  Thus,
the Office of Primary Responsibility is not convinced that the incomplete
deployment history contributed to the applicant’s promotion nonselection.
The majority of the AFBCMR panel agrees with the Office of Primary
Responsibility and concludes the applicant failed to exercise reasonable
diligence in ensuring his record was accurate prior to the CSB.  As
indicated earlier, I disagree.

      We have no way of determining the true impact of the incomplete
deployment history on the applicant’s chance of selection for promotion to
the grade of lieutenant colonel.  We do know, however, that the incomplete
deployment history deprived the applicant of his right to have his record
fairly and accurately portrayed before the CY05A Lieutenant Colonel Central
Selection Board.

      Through no fault of the applicant, his record was incomplete when it
met the CY05A promotion board and given the competitiveness of promotion to
lieutenant colonel, the benefit of any doubt should be resolved in his
favor by providing him reconsideration for promotion by an SSB with an
accurate record.  Accordingly, it is my decision that the applicant’s
request be approved.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency


AFBCMR BC-2006-00127





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  , be corrected to show that the Officer Selection Brief
(OSB) prepared for the Calendar Year 2005A Central Lieutenant Colonel
Selection Board, be amended in the Deployment History section to reflect
the dates from 8 July 2002 to 12 October 2002.

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board (SSB) for the
Calendar Year 2005A Central Lieutenant Colonel Selection Board, with the
corrected record.





            JOE G. LINEBERGER
            Director

      Air Force Review Boards Agency