RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01104
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXXX     COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be given Special Selection Board  (SSB)  consideration  by  the
Calendar Year (CY03A) Major Central Selection Board, with inclusion of
his Meritorious Service Medal rendered for the period 27 July 1998  to
26 November 2002 and his Officer Selection Record (OSR)  be  corrected
to reflect he was serving in a joint billet at the time.

2.  He be given Special Selection Board  (SSB)  consideration  by  the
Calendar Year (CY03B) Major Central Selection Board, with inclusion of
his Meritorious Service Medal rendered for the period 27 July 1998  to
26 November 2002, his Joint Service Commendation  Medal  rendered  for
the period 11 January 2003 to 18  January  2004,  the  United  Nations
Medal Certificate  rendered  on  29  May  2003,  and  the  attachments
included in his appeal be added to his OSR.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There were numerous administrative errors  in  his  promotion  records
during his promotion boards, which may have  negatively  affected  his
promotion opportunity.

In  support  of  his  request,  the  applicant  submitted  a  personal
statement and excerpts from his military  personnel  records  and  his
medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular  Air
Force on 1 November 1994 and was progressively promoted to the
grade of captain.  He was considered and not selected for promotion to
the grade of major by the CY03A  and  CY03B  Major  Central  Selection
Board that convened on 5 May 2003 and 8  December  2003  respectively.
He separated from active duty on 31 October 2004, and currently serves
in the Reserves in the grade of major.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   3 Jun 96       Meets Standards
                   3 Jun 97       Meets Standards
                   3 Jun 98       Meets Standards
                   3 Jun 99       Meets Standards
                  13 Apr 00       Meets Standards
                  13 Apr 01       Meets Standards
                  13 Apr 02       Meets Standards
                  19 Dec 02       Meets Standards
                  12 Jul 03       Meets Standards

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states in part the 12  July  2003
OPR from Jerusalem is filed in the applicant’s permanent record on  16
December 2003 and the 12 July 2004 OPR is  not  in  his  record.   The
report is required since he accepted a Reserve commission; however, he
failed to provide a copy of the OPR to be placed in his  record.   The
MSM in question was signed by the applicant’s Senior Rater  (SR),  who
was the same SR that signed the PRF for  the  CYO3A  promotion  board.
The SR had the  information  available  to  him  to  include  the  MSM
information on the PRF if he so desired.  There were no  errors  found
in the PRF and he stated the PRF was good.   If  the  applicant  wants
more information to be provided to the  board  then  what  is  on  his
performance report, he had the right to write a letter to  the  board.
All letters were due to the board no later than  the  board  convening
date and he failed to take advantage of the  opportunity  to  write  a
letter to the board.  Based on the fact he was stationed at Jerusalem,
it is possible that he did not know his SR personally.   SRs  are  not
required to know the officer personally, but must be in a position  to
have personal knowledge or access to personal knowledge of the ratee’s
performance.  The applicant received his PRF  30  days  prior  to  the
board convening and failed to take action to correct  his  record  and
was again nonselected.  He failed to provide support from his SRs  and
MLR Presidents to agree with changing his PRF.  He also failed to take
necessary action to correct his records before either of his promotion
boards and failed to provide sufficient reason as to why he failed  to
take action at the time of the board.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPPO recommends  denial  of  the  applicant’s  request  for  SSB
consideration by the CY03A and CY03B boards.  DPPPO states in part  it
is the officer’s responsibility to ensure the accuracy of  his  record
at HQ AFPC prior to the board convening date.  The absence of the  MSM
was discoverable and fixable had the  applicant  reviewed  his  record
prior to convening of the boards.  The recommendation for the JSCM  is
dated 19 December 2003, the day the board adjourned.  Therefore, since
the decoration did not exist  prior  to  convening  of  the  board  (8
December 2003, the citation could not have been filed in his promotion
file nor reflected on his OSB for the CY03B CSB.  Regarding the United
Nations Medal, this award is not authorized for  filing  in  the  OSR.
The only way to ensure the board members were aware of the medal would
have been to  write  a  letter  to  the  board  president.   The  only
authorized attachments to a  letter  to  the  board  members  are  the
permanent  change  of  station  orders  to  Israel  and  the   medical
consultations.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
30 Jun 06, for review and comment within 30 days.  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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice  to  warrant  providing  the  applicant
promotion consideration by a Special Selection  Board  (SSB)  beginning
with the CY03A Major Central Selection Board with the MSM a  matter  of
record.  In this respect, we  note  that  although  the  applicant  was
awarded the MSM on 6 December 2002, prior to the subject boards, it was
not a matter of record during his consideration for  promotion.   Since
he forwarded a copy of the decoration to the CY03A board as soon as  he
realized it was  omitted  from  his  records,  we  believe  he  made  a
reasonable attempt to insure his records were  accurate  prior  to  his
consideration.  Furthermore, since the MSM documented  his  meritorious
service in a joint-service assignment in the preceding four years,  its
absence may have given the board members the negative  impression  that
his service during  his  most  recent  assignment  did  not  warrant  a
decoration.  While it cannot be conclusively determined whether or  not
the absence of the decoration was the sole  reason  for  his  promotion
nonselections by the CY03A and CY03B boards,  we  do  believe  that  it
served to deprive him of fair and equitable consideration.   Therefore,
we recommend his records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of error or  injustice  regarding  the  JSCM  and  United
Nations Medal.  Although  the  applicant  is  entitled  to  the  United
Nations Medal it is not authorized to be filed in his Officer Selection
Record (OSR) for consideration during the promotion process.   Further,
since the special orders awarding the JSAM  were  not  published  until
after the subject boards, and there has been no showing the  decoration
was not processed within the established time restraints for doing  so,
there exists no basis to include it in his records during the promotion
process.

5.  Although he requests his 7 April 2005 letter to  this  Board,  with
attachments, be attached to his PRF, it appears he is confusing his PRF
with his OSR.   We  note  a  Promotion  Recommendation  Form  (PRF)  is
prepared by a member’s senior rater, without attachments, and  contains
a promotion recommendation for consideration  by  a  central  selection
board (CSB), whereas, an OSR  contains  all  documents  authorized  for
consideration by a CSB, in which a PRF is filed  therein.   Regardless,
prior to  his  supplemental  promotion  consideration  during  the  SSB
process, he will be provided an opportunity to write a  letter  to  the
board president addressing  any  matters  of  record  he  believes  are
germane to his  promotion  consideration.   While  attachments  to  the
letter are not prohibited, they should not include  anything  that  may
become or is already a part of the OSR, i.e., PRF, OPRs, or  decoration
narratives.   Attachments  are  not  encouraged  unless  they   provide
significant, new information that  cannot  be  included  in  the  basic
letter.   During  the  SSB  process,  he  will  also  be  afforded   an
opportunity to review his OSR for accuracy and omissions.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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


      a. The Meritorious Service Medal, for the period 27 July 1998 to
26 November 2002, was approved on 5 December 2002, and  was  filed  in
his officer selection folder on 10 December 2002.


      b. It is further directed that his  record,  be  considered  for
promotion to the grade of Major by a Special Selection Board  for  the
Calendar Year 2003A Major Central Selection Board and  any  subsequent
boards in which the above corrections were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
01104 in Executive Session on 17 August 2006, under the provisions  of
AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Mary C. Puckett, Member
            Mr. Joseph D. Yount, Member


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

      Exhibit A. DD Form 149, dated 7 Apr 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPE, dated 2 Jun 06.
      Exhibit D. Letter, AFPC/DPPPO, dated 22 Jun 06, w/atchs.
      Exhibit E. Letter, SAF/MRBR, dated 30 Jun 06.






                                   MICHAEL K. GALLOGLY
                                   Panel Chair

AFBCMR BC-2006-01104




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 XXXXXXXXXXXXXXXX, be corrected to show that:


          a. The Meritorious Service Medal, for the period 27 July 1998 to
 26 November 2002, was approved on 5 December 2002, and was filed in his
 officer selection folder on 10 December 2002.


            b. It is further directed that his record, be considered for
promotion to the grade of Major by a Special Selection Board for the
Calendar Year 2003A Major Central Selection Board and any subsequent boards
in which the above corrections were not a matter of record.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency