RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2006-00362
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  8 September 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered by a Special Selection Board (SSB) for  the  CY02B
(P0502B) (12 Nov 02) Lieutenant Colonel (Lt  Col)  Central  Selection  Board
(CSB) with the inclusion of his Defense  Meritorious  Service  Medal  (DMSM)
citation in his Officer Selection Record (OSR)  and  his  Officer  Selection
Brief (OSB) corrected to reflect his Aerial Achievement Medal with  8th  Oak
Leaf Cluster (AAM/8OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

These omissions and errors in his record at the time  of  the  board  had  a
negative impact on his promotion opportunity.

In support of his application, the applicant provides a personal  statement,
copies of his 31 October 2002 OSB, an e-mail  from  his  Military  Personnel
Flight (MPF), CY02B Board Discrepancy  Report,  Officer  Preselection  Brief
(OPB), Officer Data Verification Brief,  unit  e-mail  notification  of  his
AAM, AAM/8OLC with order, AAM/7OLC with order, and OSR as it met  the  CY02B
Lt Col CSB.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the  applicant  is
currently serving on active  duty  with  a  Total  Active  Federal  Military
Service Date of 15 February 1988 and a projected date of  separation  of  29
February 2008.  His current grade is major with a date of rank  of  1  April
1999.  The following is a resume of the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      17 Nov 96 (Capt)                        MS
      17 Nov 97                                    MS
      15 Dec 98                                    MS
      15 Dec 99 (Major)                            MS
      15 Dec 00                                    MS
      15 Dec 01                                    MS
      15 Dec 02                                    MS
      15 Dec 03                                    MS
      15 Dec 04                                    MS
      15 Dec 05                                    MS

The applicant has five nonslections to the grade of  lieutenant  colonel  by
the CY02B, CY03A, CY04B, CY05A, and CY06A Lt Col CSBs, which convened on  12
November 2002, 8 July 2003, 12 July 2004, 6 July  2005  and  13  March  2006
respectively..

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR   recommends   denying   the   applicant’s   request   for    SSB
consideration.  DPPPR states ARPC  verifed  the  applicant’s  award  of  the
DMSM, filed a Board Discrepancy Report in his OSR, added the  award  on  his
OSB, and updated MilPDS prior to the board  convening.   In  regard  to  the
applicant award of the AAM/7OLC, it appears  the  decoration  was  processed
with two special orders (SO):(SO GB-00189, dated 30 April 1998  and  SO  GB-
00083, dated 20 March 2000), both approved  by  his  commander.   DPPPR  has
recommended  that  SO  GB-00083  be  rescinded  to  correct  both  his  Unit
Personnel Record  Group  (UPRG)  and  OSR.   Apparently,  his  gaining  base
neglected to notify the applicant of his  new  entitlement  (AAMw/7OLC)  and
only forwarded the special order and citation to AFPC; however,  it  is  the
applicant’s responsibility to check his UPRG and OSR at AFPC  to  ensure  it
is accurate prior to a promotion board convening date.

The DPPPR evaluation is at Exhibit B.

ARPC/DPPPO recommends  the  Board  deny  the  applicant’s  request  for  SSB
consideration.   DPPPO  states  the   applicant   does   not   provide   any
documentation showing what actions he took prior to convening of  the  CY02B
board to ensure his record maintained at AFPC was accurate.  To  ensure  the
contents of the actual OSR were correct, the applicant  would  have  had  to
request a copy of his record from AFPC Officer Records.  If he had done  so,
he would have noticed the missing DMSM citation and taken corrective  action
at that time.  It is the officer’s responsibility to ensure the accuracy  of
his record prior to  the  board  convening  date,  not  after  he  has  been
nonselected for promotion.  The Board Discrepancy Report filed in his  CY02B
OSR for the board indicated the personnel data system  was  not  updated  to
reflect the most recent AAM and that the DMSM citation  was  missing.   Thus
the board members were able to factor these decorations into  the  promotion
selection process.  Therefore, SSB consideration is not warranted.

The DPPPO evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the Air Force advisory  opinions  in  that,  they  do  not
reflect his proactive actions  prior  to  the  convening  of  the  promotion
board.  He took every reasonable  action  to  ensure  the  accuracy  of  his
record.  He engaged early and often with his servicing MPF to guarantee  his
record would be updated and accurate for his promotion board.  He  exercised
extreme diligence concerning the accuracy of  his  records.   Based  on  his
proactive actions and the assurances  he  was  given  by  his  MPF,  he  was
confident his record were correct and complete.  The fact that these  errors
existed when the promotion board met was beyond his  control.   Due  to  the
processing failure in the awards and decoration system, his records met  the
board with material errors and omissions which had a negative effect on  his
promotion opportunity.

_________________________________________________________________

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.  After reviewing the  evidence  of  record,
we note the applicant’s OSR did not contain a copy  of  his  DMSM  citation,
nor did his OSB reflect his award of his AAM/8OLC  at  the  time  the  board
convened.  However, evidence supports that a Board Discrepancy Report  filed
in his CY02B OSR, reviewed by the board, indicated  his  DMSM  citation  was
missing and the personnel  data  system  was  not  updated  to  reflect  his
AAM/8OLC.  Thus the board members were  able  to  factor  these  decorations
into the promotion selection process.  In view of  this  fact,  we  are  not
persuaded the absence of the DMSM  citation  in  his  OSR  or  his  AAM/8OLC
missing on his OSB caused his record to be so erroneous or  misleading  that
the  duly  constituted  selection  board,  vested  with  the   discretionary
authority to score officers’ records for promotion, was unable  to  reach  a
reasonable decision concerning his promotability in relation to  his  peers.
In view of the above, we agree with the opinions and recommendation  of  the
Air Force office of primary responsibility and adopt their rationale as  the
basis for our  decision.   Accordingly,  the  applicant’s  request  for  SSB
consideration 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 20 September 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Karen A. Holloman, Member
            Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-00362:

      Exhibit A.  DD Form 149, dated 31 Jan 06, w/atchs.
      Exhibit B.  Letter, AFPC/DPPPR, dated 2 May 06.
      Exhibit C.  Letter, AFPC/DPPPO, dated 22 May 06.
      Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 06.
      Exhibit E.  Applicant’s Rebuttal, dated 17 Jul 06.




                                  MICHAEL J. NOVEL
                                                   Panel Chair