RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01266
            INDEX CODE:  131.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  27 OCTOBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief  (OSB)  be  corrected  to  reflect  his
selection and subsequent operational  deferment  from  in-residence
Intermediate Developmental Education (IDE).

His record contain a petition for  IDE  credit  for  an  Air  Force
sponsored Air Force Institute of Technology (AFIT) advanced  degree
and other relevant training.

His record contain an explanation of the circumstances  surrounding
his deferment.

He be considered for  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2005A (CY05A) Lieutenant  Colonel  Central  Selection
Board (CSB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His record at  the  time  of  consideration  did  not  reflect  his
selection for and subsequent operational  (humanitarian)  deferment
from in-residence IDE. Nor did his record contain an explanation of
the circumstances surrounding his deferment and  his  petition  for
IDE credit for an Air Force-sponsored (AFIT)  advanced  degree  and
other relevant training. The lack of this information  resulted  in
his  non-selection  for  promotion  to  Lt  Col  CY05A  despite   a
"Definitely Promote" recommendation.

In support of his request, applicant provided  a  personal  letter,
his children's medical records, a letter from the Air University, a
request  for  ACSC  Information,  Promotion  Recommendation   Forms
(PRFs), Officer's Performance Reports (OPRs), training report,  and
a booklet from RAND.

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

___________________________________________________________________




STATEMENT OF FACTS:

Applicant is a Regular Air Force officer serving in  the  grade  of
major with an effective date and date of rank of 1 September  2001.
Applicant was considered and not  selected  for  promotion  to  the
grade of lieutenant colonel by the CY05A selection board.

Applicant's Officer Performance Report (OPR) profile for  the  last
five reporting periods follows:

      PERIOD ENDING    EVALUATION

      29 Apr 02  Meets Standards (MS)
      15 Apr 03        MS
      15 Apr 04        MS
      15 Apr 05        MS
      15 Oct 05        MS

Applicant was selected for in-resident  intermediate  developmental
education (IDE), in  his  last  year  of  eligibility,  during  the
September 2003 Developmental Education  Designation  Board  (DEDB).
Upon request from the applicant  and  AETC/DP  he  was  permanently
deferred from attendance at Air Command and  Staff  College  (ACSC)
and IDE on 14 June 2004. A copy of the approved deferment was filed
in his promotion selection folder on 6 July 2004, 12  months  prior
to the applicant's in the zone (IPZ)  promotion  board  (CY05A)  to
lieutenant colonel.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAFE recommends denial  and  states  the  applicant  can  not
receive IDE in-resident credit for his AFIT degree  program.  Under
current AF/AI guidance, an officer can only receive IDE credit  for
AFIT if they are a major or  major  select  while  attending  AFIT,
petition the DEDB while they are in their  eligibility  window  for
IDE (procedures are outlined annually during initial DEDB call  for
applications), and approved for IDE credit by  their  developmental
team (DT) and the DEDB. As an exception, AF/A1 approved  a  limited
number of officers, in April 2004 for  IDE  credit  of  their  AFIT
program. In order to receive credit under this exception an officer
must have been a major or major select at the time he  or  she  was
enrolled at AFIT and must have been in the 1989-1994  year  groups.
The applicant completed his AFIT program in 1997, while  he  was  a
captain, and did not pin-on major until September  2001.  Based  on
current guidance he is not authorized IDE  in-resident  credit  for
his AFIT program.

AFPC/DPAFE's complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial and states eligible officers meeting a
board have the option to submit a letter  to  the  board  president
addressing any matter of record  concerning  themselves  that  they
believe is important to their consideration for promotion.  It  was
his responsibility to ensure the letter was  filed  in  his  record
prior  to  the  convening  of  the  CY05A  board,  not  after   his
nonselection for promotion.

The completion of ACSC  is  not  a  requirement  for  promotion  to
lieutenant colonel. The Secretary of the Air Force's Memorandum  of
Instructions (MOI) recited to the CY05A board members  specifically
instructed them  to  not  consider  academics/PME  as  a  pass-fail
requirement or give it disproportionate weight.  The  MOI  stresses
the "whole-person concept."  The  "whole-person  concept"  includes
such  factors   as   job   performance,   professional   qualities,
leadership, depth and breadth of  experience,  job  responsibility,
academic/PME, and specific achievements. Completion  of  PME,  like
other whole person factors, must be assessed in terms of  how  they
enhance performance and potential, as well as,  contribute  to  the
mission and effectiveness of the Air Force.

AFI 36-2501, para 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."  The  memorandum  showing
his permanent deferment from ACSC was filed in his OSR  on  6  July
2004, prior to the CY05A board. As such, since his record  did  not
contain an error or omission, they recommend the  AFBCMR  deny  the
applicant's request for SSB consideration.

AFPC/DPPPO's complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were sent to the  applicant  on
30 June 2006 for review and comment.  As of this date, this  office
has not received a 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.  After reviewing the  complete
case file, we noted that the applicant’s Officer Selection Brief (OSB)
did not reflect he was on an "Operational Deferment" from in-residence
Intermediate Developmental Education (IDE). Whether  this  information
was sufficiently  significant  to  alter  the  results  of  the  CY05A
Lieutenant Colonel Central Selection Board is a question we are unable
to answer on the basis of the evidence presented here.   Nevertheless,
we believe that the applicant was improperly disadvantaged because  of
the absence of the data that should have been  reflected  on  his  OSB
prepared for the CY05A selection board.  In addition, the Board is  of
the opinion the applicant be afforded an opportunity to write a letter
to the board president Accordingly, in order to resolve any  potential
injustice to the applicant, the Board believes the applicant’s  record
should be corrected as indicated below.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting IDE in-resident  credit
for his AFIT degree program.  The applicant’s contentions  are  noted;
however, in  our  opinion,  the  detailed  comments  provided  by  the
appropriate Air Force  offices  adequately  address  this  allegation.
Therefore, we agree with the comments and recommendation  of  the  Air
Force concerning this issue.   In  the  absence  of  evidence  to  the
contrary, favorable action on his request for IDE  in-resident  credit
for his AFIT degree program is not favorably considered.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.


____________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Officer Selection
Brief (OSB) prepared for the Calendar Year  2005A  Lieutenant  Colonel
Selection Board be amended to reflect "Operational Deferment".

It is further directed that his record, to include the above corrected
OSB, be considered for promotion to the grade of Lieutenant Colonel by
Special Selection Board for the Calendar Year 2005A Lieutenant Colonel
Selection Board and that he be provided  an  opportunity  to  write  a
letter to the board president.

____________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
01266 in Executive Session on 21 September 2006, under the  provisions
of AFI 36-2603:

      Mr. Michael Gallogly, Panel Chair
      Mr. Dean Yount, Member
      Mr. Gregory Parker, Member



All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence pertaining to  Docket  Number  BC-2006-
01266 was considered:


     Exhibit A.  DD Form 149, dated 18 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAFE, dated 28 Apr 06.
     Exhibit D.  Letter, AFPC/DPPPO, dated 21 Jun 06.
     Exhibit E.  Letter, SAF/MRBR, dated 30 Jun 06.



                                  MICHAEL GALLOGLY
                                  Panel Chair

AFBCMR BC-2006-01266




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 XXXXXXX, XXXXXXX, be corrected to show that the Officer
Selection Brief (OSB) prepared for the Calendar Year 2005A Lieutenant
Colonel Selection Board be amended to reflect "Operational Deferment".

      It is further directed that his record, to include the above
corrected OSB, be considered for promotion to the grade of Lieutenant
Colonel by Special Selection Board for the Calendar Year 2005A Lieutenant
Colonel Selection Board and that he be provided an opportunity to write a
letter to the board president.


            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency