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AF | BCMR | CY2006 | BC-2006-01189
Original file (BC-2006-01189.doc) Auto-classification: Denied


                       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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