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AF | BCMR | CY2006 | BC-2006-00161
Original file (BC-2006-00161.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00161
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  13 Jul 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Bronze Star Medal (BSM) awarded to him for the period 6  May  2005
to 8 September 2005 be accepted for  file  in  his  officer  selection
record (OSR) for the CY05A Colonel Central  Selection  Board  (12  Sep
05).

He be considered for promotion to the  grade  of  colonel  by  Special
Selection Board (SSB) for the CY05A Colonel  Central  Selection  Board
with the corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed a full records review prior to the CY05A Colonel  Central
Selection Board.  However, his officer selection brief (OSB)  did  not
reflect his award of the BSM.  He believes this may have affected  the
outcome of his promotion board results.

In support of his appeal,  applicant  provides  a  copy  of  his  OSB,
paperwork related to his award of the BSM, and a copy of the citation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on active duty in  the  grade  of  lieutenant
colonel.  He has one nonselection to the grade of colonel by the CY05A
Colonel Central Selection Board.

The OSB prepared on him for the CY05A Colonel Central Selection  Board
reflect the following decorations:

        a.  Meritorious Service Medal (4 Oak Leaf Clusters) (OLC).

        b.  Air Force Commendation Medal

        c.  Army Commendation Medal (1 OLC)

        d.  Air Force Achievement Medal (1 OLC)

Based on documentation submitted by the applicant, he  was  officially
awarded the BSM on 12 Sep 05.  The decoration was accepted for file in
his records on 29 Dec 05.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  The  special
order awarding the applicant the BSM was published on   12 Sep 05, the
same date the CY05A Colonel Central Selection Board  convened.   Since
the special order serves as  the  source  document  for  updating  the
Military Personnel Data System (MilPDS), the BSM could not  have  been
reflected in any official personnel data system or the citation  filed
in his OSR.

Like all officers eligible for promotion consideration, the  applicant
was advised of his entitlement to communicate with the board president
to call attention to any matter of record concerning them they believe
is important to their promotion consideration.  They have verified the
applicant elected not to exercise this entitlement.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  indicates   he   strongly   disagrees   with   AFPC/DPPPO’s
recommendation that his requests be  denied.   He  states  he  was  in
command of a squadron under extreme combat conditions at the  time  of
his promotion board and made every effort to insure his  records  were
accurate.  The applicant explains the importance of  the  Bronze  Star
Medal.  He notes that at the time he reviewed his Officer Preselection
Brief (OPB), he had not yet been awarded the BSM.  He notes  that  the
OPB states only awarded decorations will be displayed in the brief and
does not state a need to anticipate future decorations and communicate
this to the board.  He opines that a letter written to the board would
not have the same impact as an approved and awarded BSM.

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.  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, we agree with the opinion and recommendation of the Air Force
office of primary  responsibility  and  adopt  its  rationale  as  the
primary basis for our conclusion that the applicant has not  been  the
victim of an error or injustice.  While noting the significance of the
Bronze Star Medal awarded to the applicant, we  cannot  be  guided  by
this as the basis of our decision.  Rather, whether Air  Force  policy
has been violated resulting in an error or injustice is  the  standard
that must be met.  Unfortunately, under  current  policy,  there  will
always be instances where the timing of the receipt of  an  award  and
the convening of a promotion board does not work to the  advantage  of
the  individual.   On  rare  occasions,  this   Board   has   approved
retroactive inclusion of  a  decoration  where,  clearly,  there  were
unique and  extenuating  circumstances  involved.   The  justification
provided in this instance doe not rise to that level.   In  our  view,
the applicant  has  not  been  treated  any  differently  than  others
similarly situated.  Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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 Docket  Number  BC-2006-
00161 in Executive Session on 22 March 2006, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      MS. Rita J. Maldonado, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 16 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 06.
    Exhibit E.  Letter, Applicant, dated 6 Mar 06.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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