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AF | BCMR | CY2006 | BC-2006-00477
Original file (BC-2006-00477.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00477
                                             INDEX CODE:  100.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 August 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His record, to include the Meritorious Service Medal, Fourth Oak  Leaf
Cluster (MSM, 4OLC), be considered by a Special Selection Board  (SSB)
for the Calendar Year 2004C (CY04C) Chaplain Colonel Central Selection
Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

Although his Officer Selection Brief (OSB)  listed  a  total  of  five
MSMs, the MSM, 4OLC, narrative was not  in  Officer  Selection  Record
(OSR) when it met  the  CY04C  board.   Inclusion  of  this  important
narrative covering a period ending 30  June  2004,  may  have  made  a
positive difference in  scoring  his  promotion  record  and  possibly
resulted in his promotion selection.

In  support  of  the  appeal,  applicant  submits  a   copy   of   the
certificate/citation  to  accompany  award  of  the  MSM,  4  OLC,   a
discrepancy memo for the CY04C Col Board and his personal statement.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel.  On 26 May 2004, he was awarded the MSM,4 OLC, for
meritorious service during the period 2 August 2001 to 30  June  2004.
He was considered and not selected for  promotion  by  the  CY04C  Col
Board that convened on 6 December 2004.

________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPO recommends the application be denied and states,  in  part,
that applicant has not demonstrated  he  exercised  due  diligence  in
maintaining his record.  As  indicated  in  the  governing  Air  Force
Instruction,  an  SSB  should  not  be  convened  if,  by   exercising
reasonable diligence, the officer should have discovered the error  or
omission and could have taken correction action before the  originally
scheduled board  convened.   Regardless,  although  the  MSM,  4  OLC,
citation was not in the applicant’s records when reviewed by the CY04C
Col Board, the board members knew of its existence since it was listed
on his  Officer  Selection  Brief  (OSB).   In  addition,  applicant’s
records contained a discrepancy letter concerning the absence  of  the
MSM,  4  OLC,  citation.   Therefore,  the  board  was  aware  of  the
decoration and it was factored into the promotion  selection  process.
More importantly, the achievements noted in  the  citation  were  also
mentioned  in  the  corresponding  performance  reports.    As   such,
AFPC/DPPPO is not convinced the absence of the citation contributed to
his promotion nonselections.

The AFPC/DPPPO evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation, with attachment, was  forwarded  to
the applicant on 14 April 2006, for review  and  comments,  within  30
days.  However, 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  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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
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  this  application  in
Executive Session on 25 May 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Feb 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 7 Apr 06, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 14 Apr 06.




                             RICHARD A. PETERSON
                             Panel Chair

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