RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01189
INDEX CODE: 131.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 20 SEP 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for promotion to the grade of major by special
selection board (SSB) for the CY04A (1 Nov 04) (P0404A) and the
CY05B (5 Dec 05) (P0405B) Major Central Selection Board with his
corrected officer assignment history and duty title included in his
officer selection record (OSR).
___________________________________________________________________
APPLICANT CONTENDS THAT:
The information seen by the CY04A and CY05B Major Central Selection
Board contained assignment history/duty title errors. He never
considered the duty title to be incorrect as he had just finished
FTU upgrade program. He was in an unqualified status versus
“nonmission ready” (FR vs. MR) status. His squadron commander who
recently reviewed his record for 0-4 promotion opportunity believes
the incorrect duty title carried an implied message of pending
Uniform Code of Military Justice (UCMJ) that unjustly affected his
promotion opportunity.
He believes the interest of justice would be served by eliminating
any doubt that previous commander illegally or unfairly influenced
promotion opportunity through duty title manipulation.
In support of his appeal, applicant submitted an updated SURF to
reflect the updated assignment history and duty title.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the grade of captain, with an
effective date and date of rank of 22 Jul 97, with a Duty Title of
Flight Commander.
Applicant was nonselected for promotion by the CY02B (3 Oct 02),
CY03A (5 May 03), CY03B (8 Dec 03), CY04A (1 Nov 04), and the CY05B
(5 Dec 05) Major Central Selection Boards (CSBs). Applicant was
selected by the CY03A Continuation Board with a date of separation
of 30 Sep 2013.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPO reviewed this application and recommended denial.
Applicant acknowledges that his squadron commander identified the
errors in the assignment history of his officer selection brief
(OSB) while they recently reviewed his record for his major
promotion opportunity. However, these errors were discoverable and
fixable had the applicant reviewed his officer preselection brief
(OPB) prior to the board. The applicant did not take the
appropriate corrective action as directed in the OPB instructions
provided to each eligible officer prior to the convening of the
CSB. The applicant clearly did not exercise due diligence.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 12 May 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
Air Force and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or an
injustice. In this respect, we note that it appears the error in
the applicant’s assignment duty history was discoverable prior to
the CY02B, CY03A, CY03B, CY04A and the CY05B major central
selection boards. His squadron commander, who recently reviewed
his records, discovered the error in his officer selection brief.
The error could have been corrected had the applicant carefully
reviewed his Officer Preselection Brief (OPB) prior to the board.
He did not take the appropriate corrective action as directed in
the OPB instructions provided to each eligible officer prior to the
convening of the central selection board. Furthermore, we believe
that he failed to exercise due diligence in not discovering the
error regarding his assignment duty history in a timely manner.
Had he done so, the correction would have been included in his
officer selection record, both during his primary promotion and
subsequent selection boards. In view of the foregoing and in the
absence of sufficient persuasive evidence to the contrary, we find
no compelling basis to recommend granting the requested relief.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2006-01189 in Executive Session on 22 June 2006, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPO, dated 4 May 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 May 06.
THOMAS S. MARKIEWICZ
Chair
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