RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00676
            INDEX CODE:  131.01, 107.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 Sep 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board  (SSB)  consideration  for  the
Calendar Year 2005A (CY05A) Colonel Central Selection Board (CSB) with
inclusion of the citation for his Meritorious Service Medal (MSM)  1st
Oak Leaf Cluster (1OLC) for the period 18 Aug 95 to 9 Nov  98  in  his
Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed during his non-select debriefing on 10 Feb 06 that his
OSR did not contain the citation  for  the  award  in  question.   The
citation was in the  Peterson  AFB  Military  Personnel  Flight  (MPF)
records as verified prior to the board and again on  23 Feb  06.   The
missing citation resulted in the CSB  evaluating  a  record  that  was
incomplete and missing potentially decisive information.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel with a date of rank (DOR) of 1 Jan 01.

The MSM 1OLC was awarded by Special  Order  GB-210,  dated  2 Feb  99,
which was filed in the applicant’s OSR on 22 Jun 99.

He was considered but not selected  for  promotion  to  the  grade  of
colonel by the CY05A Colonel CSB, which convened on  12 Sep  05.   His
Officer Selection Brief (OSB) reflected he had  received  three  MSMs.
His  Promotion  Recommendation  Form  (PRF)   reflected   an   overall
recommendation of “Promote.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPO  recommends  the  application  be  denied  because  the
applicant has not demonstrated he exercised reasonable diligence.  The
instructions accompanying the  MPF  Memo  sent  to  eligible  officers
meeting the CY05A board clearly instructed them to request a  copy  of
their OSRs from HQ AFPC/DPPBR1 at least 60 days prior to the selection
board, or to contact the records technician by telephone and  go  over
the contents  of  their  records.   The  officer  is  responsible  for
ensuring the accuracy of his record at HQ  AFPC  prior  to  the  board
convening date, not after  he  has  been  nonselected  for  promotion.
Further, the Special Order for the MSM 1OLC  was  in  the  applicant’s
OSR; orders granting decorations may be filed when a like citation  is
not available.  The selection board was aware of  the  decoration  and
DPPPO is not convinced the absence of  the  citation  was  a  material
error or contributed to the applicant’s nonselection.

A complete copy of the HQ AFPC/DPPPO evaluation, with  attachment,  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides documents  of  his  efforts  to  correct  other
errors in his records before the  CY05A  board  convened.   While  the
documents do not address  the  missing  MSM  citation  explicitly,  he
believes they prove he did exercise reasonable diligence to ensure his
records were correct.  The documents are also only  what  he  retained
and do not reflect  the  complete  extent  of  his  oversight  of  his
records.  He personally verified his records at Peterson AFB MPF prior
to the CY05A board, and the MSM 1OLC citation was  in  those  records.
Since the decoration in question had been awarded six years prior, and
had long since been listed on printouts, preselection briefs,  and  in
MPF records, he had no reason to suspect it might be missing from  his
OSR.  He contends the instruction sheet was ambiguous,  contradictory,
and  open  to  interpretation.   Further,  calling   AFPC   does   not
necessarily  ensure  an  OSR’s  accuracy  since  the  information   is
typically pulled up  electronically  and  he  was  told  the  standard
procedure was to verify the hardcopy folder  only  if  a  problem  was
suspected and a member requested it.  Additionally, the AFPC counselor
told him the citation was important to have in the OSR because it gave
the selection  board  additional  details  not  contained  in  Officer
Performance Reports.  He believes the benefit of the doubt  should  be
resolved  in  his  favor  by  granting  him  SSB  consideration.   The
applicant provides statements from his senior rater, rater and another
individual at his command  who  support  his  appeal  and  verify  his
diligence in maintaining complete records.

A complete copy of  applicant’s  response,  with  attachments,  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to warrant affording the applicant
SSB consideration for the  CY05A  Colonel  promotion  board  with  the
citation for the MSM 1OLC in his OSR.  After carefully considering the
available evidence,  we  are  persuaded  the  applicant  did  exercise
reasonable diligence in  ensuring  his  OSR  was  correct  before  the
promotion board convened.  He successfully corrected other  errors  in
his records and his reasons for believing his  OSR  included  the  MSM
1OLC citation do not appear unfounded.  Further, his senior rater  and
rater support his appeal and  confirm  his  diligence  in  maintaining
complete records.  We agree with the Air Force that  the  CY05A  board
had knowledge of the award, as its existence was indicated on the  OSB
and by the special order.  Ironically,  however,  the  AFPC  counselor
apparently advised the applicant the citation was important to have in
his OSR because it gave the selection board additional details.  While
we cannot  determine  with  certainty  whether  the  missing  citation
negatively impacted his promotion opportunity, we believe any doubt in
this instance should be resolved in the applicant’s  favor  so  as  to
afford him full and fair consideration.  Therefore, we  recommend  his
records be corrected as indicated below.

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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT, to include the citation for the Meritorious
Service Medal, First Oak Leaf Cluster, for the period
18 August 1995 to 9 November 1998, be considered for promotion to  the
grade of colonel by a Special Selection Board for  the  Calendar  Year
2005A Colonel Central Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 August 2006 under the  provisions  of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. James A. Wolffe, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-00676 was considered:

   Exhibit A.  DD Form 149, dated 24 Feb 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 12 Apr 06, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Apr 06.
   Exhibit E.  Letter, Applicant, dated 12 May, w/atchs.





                                   CHARLENE M. BRADLEY
                                   Panel Chair

AFBCMR BC-2006-00676




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 XXXXXXX, XXXXXXX, to include the citation for the
Meritorious Service Medal, First Oak Leaf Cluster, for the period
18 August 1995 to 9 November 1998, be considered for promotion to the
grade of colonel by a Special Selection Board for the Calendar Year
2005A Colonel Central Selection Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency