RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00524
            INDEX CODE:  131.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  27 AUG 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for a direct promotion to  lieutenant  colonel  or
his in-the-promotion zone (IPZ) board be postponed until sufficient
Officer Performance Report (OPR) records are  established  to  show
proper career progression.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The injustice occurred in his promotion consideration to lieutenant
colonel.  His Lt Col IPZ (CY04B) was conducted  without  sufficient
time to establish proper career progression.  He  pinned  on  major
above-the-zone in Oct 02.  Subsequently, his appeal of his  primary
major’s board was successful, resulting in a date of rank that  put
him within the window of the upcoming Lt Col’s boards.  He had only
been wearing the rank of Major for one and half years at  the  time
of the Lt Col’s board, with one complete OPR  cycle  prior  to  the
board.

His OPRs for the (CY04B) board totaled three at the rank of  major;
the first one closed out after he had been a major for only  a  few
days.  The second OPR was a complete annual report, and  the  third
only included dates from October to May.   The  duty  positions  he
held prior to those were based on the rank of captain  and  reflect
duty titles and responsibilities consistent with  that  rank.   The
combined effect of only having three major OPRs  and  only  one  of
those for an entire period placed him at a distinct disadvantage in
competing with other members who had five or six 0-4 OPRs.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the grade of  major,  with  a
date of rank (DOR) of 1  Nov  99,  with  a  Duty  Title  of  Deputy
Schriever Wargame Director.

Applicant was nonselected for promotion  by  the  CY04B  and  CY05A
Lieutenant Colonel  Central  Selection  Boards  which  convened  on
12 Jul 04 and 6 Jul 05, respectively.

Applicant's OPR profile for the last ten reporting periods follows:

      PERIOD ENDING    OVERALL EVALUATION

      19 Dec 97  Training Report (TR)
      19 Dec 98  Meet Standards (MS)
      19 Dec 99  MS
      18 Jul 00  MS
      07 Jan 01  MS
      20 Oct 01  TR
#     20 Oct 02  MS
#     20 Oct 03  MS
#*    21 May 04  MS
**    31 May 05  MS

# Contested reports reflect performance  in  the  grade  of  major,
including the 20 Oct 02.  Applicant pinned on Major on  1  Oct  02.
The 20 Oct 02 report was an annual (20 days in the grade of major);
the 20 Oct 03 report was an annual, and the 21 May 04 report was  a
change of reporting official (CRO) 214 days of supervision.

* - Denotes the top report on  file  for  the  CY04B  (12  Jul  04)
Lt Colonel Central Selection Board.

** - Denotes the top report on  file  for  the  CY05A  (6  Jul  05)
Lt Colonel Central Selection Board.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this  application  and  recommended  denial.
They provided the following analysis of the case:

      a.  Applicant met and was nonselected for the CY04B and CY05A
Lieutenant Colonel  Central  Selection  Boards  which  convened  at
HQ AFPC on 12 Jul 04 and 6 Jul 05, respectively.

      b.  Applicant met and was nonselected for promotion to  major
by the CY99A  Major  Central  Selection  Board  which  convened  on
8 Mar 99.  He  was  selected  for  promotion  to  major  above-the-
promotion zone (APZ) by the CY02A Major Board and was given  a  DOR
and effective date of 1 Oct 02.  Based on this DOR, he  would  have
been eligible to meet the CY06C Lt Colonel board (28 Nov 06).

      c.  Based on a correction to his records, he met  an  SSB  on
6 Jan 03 for the CY99A Major Board and was selected  for  promotion
with a DOR and effective date of 1 Nov 99 making him  eligible  for
the first Lt Colonel board convened after  Senate  confirmation  of
the SSB promotion.  The board was the CY04B Lt Colonel board.

      d.  At the time the applicant met the CY04B Lt Colonel board,
he had three OPRs on file.   They  do  not  believe  this  put  the
applicant at any more of a disadvantage that anyone  else  who  was
promoted retroactive due to an SSB or who entered active duty under
the Reserve Recall Program or from another branch of service.  They
noted that although the average number of reports was four to five,
there were officers promoted with as little  as  two  reports.   In
addition, based on the date of rank  criteria  for  those  officers
eligible to meet a board, 1 Jun 00 – 31 Mar 01,  it  would  not  be
unusual to see a record with only three reports.  They  also  noted
the applicant  provided  a  letter  to  the  board  explaining  his
situation and the reason for the jobs he had.

      e.   They  found  insufficient  evidence  in  regard  to  the
applicant’s request for direct promotion to the grade of lieutenant
colonel.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/JA  concurred  with  the   conclusions,   rationale,   and
recommendations reached in DPPPO’s advisory opinion.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 7 Apr 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (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 applicant  contends  that
he  did  not  have  sufficient  time  to  establish  proper  career
progression.  The Board noted the comments of the Air Force offices
of primary responsibility which states that  although  the  average
number of reports was four to five, there  were  officers  promoted
with as little as two reports; or that they did not find it unusual
to see a record with only three reports.  We  agree  the  applicant
had an equal amount of OPRs (three  reports)  as  others  similarly
situated who met the  CY04B  Lieutenant Colonel  Central  Selection
Board.  However, we did not find that his  OPRs  had  a  sufficient
number of days of supervision, nor  did  his  reports  reflect  the
level of responsibilities consistent with his rank.  Therefore,  to
preclude an  injustice  to  the  applicant,  we  believe  that  his
nonselection for promotion to  Lieutenant  Colonel  for  the  CY04B
promotion board be set aside.  Accordingly, we recommend  that  the
applicant’s records be corrected to the extent indicated below.

4.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate  the  existence  of  either  an  error   or   injustice
warranting favorable action on the applicant’s request for a direct
promotion to the grade of lieutenant colonel, as if selected by the
CY04B Lieutenant Colonel Central Selection Board.  In this respect,
we note that officers compete for promotion under the whole  person
concept whereby a multitude of factors are  carefully  assessed  by
the selection board  members  prior  to  scoring  the  record.   In
addition, they may be qualified but – in the judgment of  selection
board members vested with discretionary authority  to  score  their
records – may not be the best qualified of those available for  the
limited number of  promotion  vacancies.   Consequently,  a  direct
promotion should be granted only under extraordinary circumstances;
i.e., a showing that the officer’s record cannot  be  reconstructed
in such a manner so as to permit him/her to compete  for  promotion
on a fair and equitable basis; a showing that the officer exercised
due diligence in pursuing timely and effective relief; and  lastly,
that had the original errors not occurred, the probability  of  his
being selected for promotion would have been extremely high.  We do
not find these factors in this case.  In view of the foregoing, and
in the absence of evidence to the contrary, we find  no  compelling
basis to recommend granting the requested relief.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT,  be  corrected  to  show  that  he  was  not
considered for promotion in-the-promotion  zone  to  the  grade  of
lieutenant colonel by  the  Calendar  Year  (CY)  CY04B  Lieutenant
Colonel Central Selection Board.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00524  in  Executive  Session  on  24  May  06,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. James A. Wolffe, Member

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

     Exhibit A.  DD Form 149, dated 14 Feb 06.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 23 Mar 06.
     Exhibit D.  Letter, HQ AFPC/JA, dated 30 Mar 06.
     Exhibit E.  Letter, SAF/MRBR, dated 7 Apr 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair





AFBCMR BC-2006-00524




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 XXXXXXXXX XXXXXXX, be corrected to show that he
was not considered for promotion to the grade of lieutenant colonel
by the Calendar Year (CY) CY04B Lieutenant Colonel Central
Selection Board.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency