RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00863
                                       INDEX CODE:  131.03
XXXXXXXXXXXXXXXXXXXXX             COUNSEL:  Withdrawn

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 September 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2005A (CY05A) Lieutenant Colonel (Lt  Col)  Central  Selection
Board (CSB) with inclusion of his Defense Meritorious Service Medal  (DMSM),
Global War on Terrorism Service Medal (GWOT), and  his  deployment  for  the
period 23 February 2005 through 29 June 2005.  If nonselected  by  the  SSB,
his nonselection to Lt Col be removed so he can meet the CY06A  Lt  Col  CSB
as an In-the-Primary-Zone (IPZ) eligible.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on a change to his date of rank (DOR), he did not have  a  competitive
record for promotion to Lt Col.  In addition, the missing  awards  and  non-
recorded  deployment  history  were  prejudicial   and   resulted   in   his
nonselection for promotion to Lt Col.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant previously served on active duty in the Regular Air  Force  in
the grade of Captain.  He separated from active duty in  1999  and  after  a
three-month break in service, joined the Air Force Reserve.   While  serving
in the Reserve, he was considered and selected for promotion  to  the  grade
of major with a DOR of 1 October 2001.  The  applicant  returned  to  active
duty on 27 July 2002 in the grade of major with a DOR  of  1  October  2001.
Based on his DOR, he was eligible to meet the CY06A Lt Col  CSB  as  an  IPZ
eligible.  After returning to active duty, the applicant was  advised,  that
based on an error in his records, he was entitled to an SSB for the  Reserve
promotion board to major.  On  25 October  2004,  he  was  notified  of  his
selection by the SSB and received an earlier  DOR  to  major  of  1  October
2000, making him eligible for IPZ consideration by the  CY05A  Lt  Col  CSB.
The applicant was considered and nonselected for promotion to the  grade  of
Lt Col by the CY05A CSB which convened at the  Air  Force  Personnel  Center
(AFPC) on 6 July 2005.  The  applicant’s  record  was  also  considered  and
nonselected for Above–the-Promotion-Zone (ABZ) promotion  by  the  CY06A  Lt
Col CSB which convened on  13 March  2006  (results  just  released  to  the
public on 27 June 2006).

The following is a resume of the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      29 Jun 97 (Capt)                       MS
      28 Jan 98                              MS
      15 Jan 99                               MS
       1 Sep 99                              MS
      21 Nov 00 (Capt Non-EAD)                     MS
      15 Oct 01 (Major Non-EAD)               MS
      26 Jun 02                                    MS
      26 Jun 03 (Major)                            MS
      25 May 04                                    MS
      15 Dec 05                                    MS



_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends the Board approve the applicant’s  request  to  include
his DMSM in his selection record and to grant him SSB consideration  by  the
CY05A Lt Col CSB.  If nonselected by the SSB and the CY06A Lt Col CSB,  DPPP
recommends the applicant’s nonselections be removed and his records meet  an
SSB for the CY06A Lt Col CSB as an IPZ eligible.

DPPP recommends denial of the applicant’s request to include  his  award  of
the GWOT Service Medal as it  is  not  authorized  to  be  included  on  the
Officer Selection Brief (OSB) or the Officer  Selection  Record  (OSR).   In
addition, DPPP recommends denial of the applicant’s request to  include  his
deployment because, although he did exercise his  option  to  write  to  the
board informing them of his change in DOR and his  award  of  the  DMSM  and
GWOT Service Medal prior to the convening of the CY05A Lt Col  CSB,  he  did
not address the missing deployment.  The applicant also did not provide  any
documentation demonstrating he exercised due diligence in ensuring  his  OSB
was correct prior to convening of the board.

The DPPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the Air Force advisory opinion that he did not show “due
diligence” in getting his record updated prior to the CY05A  Lt  Col  CSB.
He accepts the Air  Force’s  recommendation  regarding  the  GWOT  Service
Medal; however, he feels the exclusion of his deployment  history  on  the
OSB continues to present a record which is inaccurate and less competitive
than it should be.  He wrote his letter to the board to  explain  the  DOR
anomaly which was identified prior to his deployment.  Upon returning from
his deployment, he attempted to have his DMSM  and  GWOT  put  before  the
board.   He  assumed  his  deployment  history,  to  include  the  command
designations, would be correct in the data base and therefore, be included
in his official record.

The applicant’s rebuttal is at Exhibit D.

_________________________________________________________________

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 an error or injustice warranting corrective  action.   We  note
that the Air Force Office of Primary  Responsibility  (OPR)  has  determined
the applicant has been the victim of an error  or  injustice  and  has  made
recommendations for corrections to  his  records.   With  the  exception  of
their  recommendation  to  deny  inclusion  of  the  applicant’s  deployment
history to OPERATION JOINT GUARDIAN in his OSR, we  accept  the  recommended
corrections to  his  records.   Although  the  Air  Force  OPR  asserts  the
applicant failed to exercise due diligence to  get  his  deployment  history
included, we note that  this  recommendation  appears  to  contradict  their
recommendation  to  include  award  of  the  DMSM  in  his  OSR  since  this
decoration was awarded for this deployment.  We fail to understand  how  the
applicant can be recognized for his service while  deployed,  but  not  have
his record indicate he  was  deployed.   We  note  that  the  applicant  has
indicated he accepts the  OPR’s  determination  regarding  his  GWOT  medal.
Finally, based on  the  corrections  to  his  records,  we  agree  that  the
applicant should be considered for promotion to  Lt  Col  by  SSB  with  the
corrected record.  Additionally, as pointed out by the Air  Force  OPR,  the
applicant may have been disadvantaged by the change  in  his  date  of  rank
which led to his accelerated consideration for promotion.  In  that  regard,
we agree with the recommendation that should the applicant not  be  selected
for promotion by SSB for the early board, CY05A, his nonselection should  be
set aside.  Also, the Air Force OPR has recommended that  if  the  applicant
is not selected above-the-promotion-zone (ABZ) by  the  CY06A  Lt  Col  CSB,
this nonselection be set aside and he be considered  for  promotion  by  SSB
for this board in-the-primary-zone (IPZ).  Since we have been  advised  that
the applicant is a nonselect for promotion by  the  CY06A  Lt  Col  CSB,  we
recommend his records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.  The DMSM he was awarded for the period 25 February 2005 to 28 June
2005 was accepted for file in his OSR on or before 1 July 2005.


      b.  The OSB prepared for the CY05A Lt Col CSB be  amended  to  reflect
his deployment in support of OPERATION JOINT GUARDIAN from 25 February  2005
to 28 June 2005.


It is further recommended that he be considered for promotion to  the  grade
of Lt Col by SSB for the CY05A with the corrected record.

Should he not be selected for promotion for promotion  to  Lt  Col  for  the
CY05A Lt Col CSB or selected for promotion ABZ by the CY06A Lt Col  CSB,  it
is  also  recommended  that  his  nonselections  be  set  aside  and  he  be
considered for promotion to Lt Col IPZ by an SSB for the CY06A Lt  Col  CSB.


_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 July 2006, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Elwood C. Lewis, III, Member
      Ms. Janet I. Hassan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-00863 was considered:

      Exhibit A.  DD Form 149, dated 17 Mar 06, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPO, dated 9 May 06.
      Exhibit D.  Letter, SAF/MRBR, dated 19 May 06.
      Exhibit E.  Applicant’s Rebuttal, not dated.



                                                   JAMES W. RUSSELL, III
                                                   Panel Chair


AFBCMR BC-2006-000863




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 XXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:

           a.  The Defense Meritorious Service Medal (DMSM) he was awarded
for the period 25 February 2005 to 28 June 2005 was accepted for file in
his Officer Selection Record (OSR) on or before 1 July 2005.


           b.  The Officer Selection Brief (OSB) prepared for the Calendar
Year 2005A (CY05A) Lieutenant Colonel (Lt Col) Central Selection Board
(CSB) be amended to reflect his deployment in support of OPERATION JOINT
GUARDIAN from 25 February 2005 to 28 June 2005.


      It is further directed that he be considered for promotion to the
grade of Lt Col by Special Selection Board (SSB) for the CY05A with the
corrected record.


      Should he not be selected for promotion to Lt Col for the CY05A Lt Col
CSB or selected for promotion above-the-promotion-zone by the CY06A Lt Col
CSB, it is also directed that his nonselections be set aside and he be
considered for promotion to Lt Col in-the-promotion-zone by an SSB for the
CY06A Lt Col CSB.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency