RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2006-00795
                                       INDEX CODE:  100.05
      XXXXXXXXX                         COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 Sep 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2005A (CY05A) (6 July 2005) (P0505A)  Lieutenant  Colonel  (Lt
Col)  Central  Selection  Board  (CSB)  with  inclusion   of   his   Officer
Performance Report (OPR) closing 23 June  2005  and  the  citation  for  his
Aerial Achievement Medal with First Oak  Leaf  Cluster  (AAM/1OLC),  awarded
for the period 19 December 1991 to 15 April 1993, in his  Officer  Selection
Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 23 June 2005 and his AAM/1OLC  were  missing  from  his  OSR
when it met  the  P0505A  Lt  Col  CSB.   The  absence  of  these  documents
negatively impacted his promotion opportunity.

In support of his appeal, the applicant provides copies of his  OPR  closing
23 June 2005 and his AAM/1OLC order.  The applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the MilPDS, the applicant is currently serving on  active  duty
in the grade of major with a date of rank of 1 April 2001.  He has  a  Total
Active  Federal  Military  Service  Date  and   a   Total   Active   Federal
Commissioned  Service  Date  of  2  May  1990.   The   applicant   has   one
nonselection to the grade of lieutenant colonel by the CY05A Lt Col CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration by the P0505A board with inclusion of his  23  June  2005  OPR
and the AAM/1OLC citation.  DPPPO states the absence of  the  OPR  does  not
constitute an error since it was not required to be filed  in  his  OSR  for
the P0505A board and the applicant did not exercise due diligence to  ensure
all his citations were in his OSR prior to the convening of the board.

Air  Force  Instruction  (AFI)  36-2406,  paragraph  3.8.5.6,  Officer   and
Enlisted Evaluation Systems, indicates OPRs on Extended  Active  Duty  (EAD)
officers are due to Headquarters Air Force Personnel Center (AFPC) no  later
than 60 days following the closeout of  the  report.   The  applicant’s  OPR
that closed out on 23 June 2005 was not required to  be  on  file  until  23
August 2005.  Furthermore, the report  was  not  signed  by  the  rater  and
additional rater  (reviewer  is  the  same  as  additional  rater)  until  6
December 2005; thus, the report would not have been a matter  of  record  by
the board convening date of 6 July 2005.  Since many eligible officers  fall
into this  predicament,  approving  SSB  consideration  with  a  report  not
required to be on file would generate unfairness in  the  current  promotion
process.

DPPPO  states  the  applicant’s  request  regarding  the  inclusion  of  his
AAM/1OLC citation, awarded in 1993, in his OSR is  untimely.   Although  the
AAM/1OLC citation was not filed in the OSR when his  record  was  considered
for promotion,  the  promotion  board  members  knew  of  its  existence  as
evidenced by the entry on his  Officer  Selection  Brief  (OSB).   As  such,
DPPPO is not convinced the  absence  of  the  citation  contributed  to  the
applicant’s  nonselection  for   promotion.    Furthermore,   AFI   36-2501,
paragraph 6.3.2.2, states “Do not have an SSB if, by  exercising  reasonable
diligence, the officer should have discovered  the  error  or  omission  and
could have taken corrective action before  the  originally  scheduled  board
convened.”  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.  To ensure the contents of the  actual  OSR  were
correct, the applicant would have had to request a copy of his  record  from
AFPC as directed in the instructions attached to  the  Officer  Preselection
Brief (OPB) that each eligible  officer  for  promotion  receives  prior  to
CSBs.  If he had done so, he would have noticed the  missing  citation,  and
taken corrective action at that time.  The  applicant  does  not  provide  a
copy of the citation or any documentation to show what  action  he  took  to
ensure the AAM/1OLC citation was filed in his record prior to  convening  of
the board.  Additionally, each eligible officer for promotion  consideration
is advised of the entitlement to communicate with the board president.   The
applicant could have used this means to inform the board  president  of  the
accomplishments covered in the 23 June 2005 OPR and the  AAM/1OLC  citation.
DPPPO verified the applicant elected not to exercise this entitlement.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  5  May
2006, for review and comment within 30 days.  As of this date,  this  office
has received no response.

_________________________________________________________________

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 probable error or injustice.  The applicant has  requested  SSB
consideration based on the fact that his 23 June 2005 OPR and  his  AAM/1OLC
citation were missing from his OSR when his record met  the  P0505A  Lt  Col
CSB.  However, we note  the  Air  Force  Office  of  Primary  Responsibility
states the applicant’s 23 June 2005 OPR was not required to be filed in  his
OSR for the P0505A board.  While the applicant’s OSR  did  not  contain  his
AAM/1OLC citation when his record met the  P0505A  board,  we  note  it  was
reflected on his OSB.  Since his AAM/1OLC was awarded in 1993, we  feel  the
applicant has had ample opportunity to take corrective action to ensure  his
record was complete prior to it being considered  by  the  promotion  board.
We also note that promotion eligible officers are encouraged  to  correspond
by  letter  to  the  board  to  address  any  matter  of  record  concerning
themselves  that  they  believe  important  to  their  consideration.    The
applicant could have ensured the board members were aware of  his  award  of
the AAM/1OLC and his 23 June 2005 OPR by writing  to  the  board  president;
however, we found no evidence that the applicant elected  to  exercise  this
entitlement.  In addition, we  find  no  evidence  that  the  applicant  was
misinformed or prevented from writing such a letter.  In view of the  above,
we find no compelling basis to recommend granting  the  applicant’s  request
for SSB consideration.

_________________________________________________________________

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 28 June 2006, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-00795:

    Exhibit A.  DD Form 149, dated 10 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 26 Apr 06.
    Exhibit D.  Letter, SAF/MRBR, dated 5 May 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair