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AF | BCMR | CY2006 | BC-2006-01306
Original file (BC-2006-01306.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01306
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 October 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the  grade  of  colonel  by  Special
Selection Board (SSB) for the  Calendar  Year  2005A  Colonel  Central
Selection Board (CSB) with a corrected Officer Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Four effective dates and/or duty titles were in error when his records
met the Colonel Selection Boards in  2003,  2004  and  2005.  He  made
numerous attempts to correct  the  errors  with  different  supporting
Military Personnel Flights (MPFs) while he was assigned to Army posts.
 No one would correct the errors until he came to  Ft  Lewis  and  his
supporting MPF at McChord AFB said they  could  make  the  corrections
with the attached source documents and his explanation.

In support of the appeal, applicant submits a copy of his OSB that met
the CY05A board, a copy of his current Data Verification Brief  (DVB),
and a copy of his Officer Performance Reports (OPRs).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel.

Applicant was considered and not selected for promotion to  the  grade
of colonel by the CY05A Selection Board.

Applicant’s Officer Performance Reports (OPRs) from 1998 through  2001
reflect “meets standards” on all performance factors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO 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.   The
applicant could have written a letter to the board  members  informing
them of his incorrect duty history.  However,  he  did  not  elect  to
exercise this entitlement.

In reference to the applicant acknowledging that the errors on his OSB
were present when his records met the Colonel CSB in CY05,  CY04,  and
CY03, DPPPO states that these errors were discoverable and fixable  if
the applicant would have carefully reviewed his  Officer  Preselection
Brief (OPB) prior to the board.  He should have taken the  appropriate
corrective action as directed  in  the  OPB  instructions,  which  are
provided to each eligible officer prior to the convening of the CSB.

In addition to the OPB received for the CY05A board, DPPPO points  out
that the applicant also met two consecutive  below-the-promotion  zone
(BPZ) boards (CY03B and CY04A) and received an OPB containing the same
alleged incorrect duty title entries.  They question why the applicant
did not attempt to challenge the contested errors on those two boards.

DPPPO notes AFI 36-2501,  paragraph  6.3.2.2,  states  SSBs  will  not
convene 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  applicant
failed to exercise reasonable diligence in  ensuring  his  record  was
accurate prior to the CSB.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He discovered the errors and attempted to correct them  each  time  an
Officer Preselection Brief (OPB) was sent to him.

He has been stationed on three Army posts since 1999 and  because  his
supporting MPF has been at least  three  and  a  half  hours  away  he
contacted the MPFs by phone.   This  is  why  he  does  not  have  any
documentation to prove that he received  negative  responses  and  the
Board will have to take his word as a USAF officer.

He has proven  the  action  of  the  board  considering  him  involved
material  error  of  fact.   By  exercising  reasonable  diligence  he
discovered the errors and he did take  corrective  action  before  the
originally scheduled boards convened.  He followed the  directions  on
the Instruction Sheet for Review of Preselection Brief, contacted  his
supporting MPF and followed the guidance  he  received  from  the  MPF
specialists.  For these reasons  and  the  supporting  information  he
provided, he believes his request for an SSB should be approved.

Applicant's complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.  The Board believes  that  errors
were made within the applicant’s duty history.   While  it  cannot  be
conclusively determined whether or not the incorrect duty history  was
the reason for his nonselection for promotion by the CY05A board,  the
Board believes that it served to deprive him  of  fair  and  equitable
consideration.  Therefore, the Board recommends his record, to include
an  OSB  reflecting  his  correct  duty  history,  be  considered  for
promotion by SSB for the CY05A colonel board.

________________________________________________________________

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 prepared for the Calendar  Year  2005  (CY05A)  Colonel  Central
Selection Board (CSB) be amended to reflect the  effective  dates  and
duty title entries of  23  Feb  97  CH,  Hard  Target  and  SEEK-EAGLE
Section, 17 Jan 98,  CH,  Area  Attack  Section,  31  Aug  99,  Flight
Commander, and 1 Mar 00, Asst Director of Operations.

It is further recommended that  he  be  considered  for  promotion  to
colonel by a Special Selection Board for  the  CY05A  Colonel  Central
Selection Board.

_________________________________________________________________


The following members of the Board considered AFBCMR Docket Number BC-
2006-01306  in  Executive  Session  on  17  August  2006,  under   the
provisions of AFI 36-2603:

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

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

   Exhibit A.  DD Form 149, dated 20 Apr 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 22 May 06.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.
   Exhibit E.  Applicant’s Response, dated 14 Jun 06, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair







AFBCMR BC-2006-01306





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 APPLICANT, be corrected to show that the Officer
Selection Brief prepared for the Calendar Year 2005 (CY05A) Colonel
Central Selection Board (CSB) be amended to reflect the effective
dates and duty title entries of 23 February 1997 CH, Hard Target and
SEEK-EAGLE Section, 17 January 1998, CH, Area Attack Section, 31
August 1999, Flight Commander, and 1 March 2000, Asst Director of
Operations.

             It is further recommended that he be considered for
promotion to colonel by a Special Selection Board for the CY05A
Colonel Central Selection Board.







                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency




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