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AF | BCMR | CY2006 | BC-2006-01494
Original file (BC-2006-01494.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01494
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  16 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer  Selection  Brief  (OSB)  be  updated  with  inclusion  of  his
corrected Officer Performance Report (OPR)  and  duty  history  and  he  be
considered for promotion to the grade of major by a Special Selection Board
(SSB) for the CY03B (8 Dec 03) Major Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Evaluation Reports Appeal Board (ERAB) approved  a  correction  to  his
September 2003 OPR which changed his duty  title  from  “Chief,  Deployment
Readiness  Section,”  to   “Commander,   Readiness   Flight.”    His   duty
qualification history  was  also  affected  and  has  been  corrected.   He
believes both these items may have negatively impacted his CY03 major board
promotion chances because they  incorrectly  represented  his  breadth  and
depth of experience.

In support of his  request,  applicant  provides  a  copy  of  his  Officer
Preselection Brief (OPB) and Duty Qualification History  Brief  with  other
associated  documents.    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active duty in the grade of
captain, with a date of rank of 22 June 1993.

The applicant’s OSB contains AF Forms  707B,  Officer  Performance  Reports
(OPRs) beginning with the rating period 14 December 2001 and ending  on  22
June 2005 with overall ratings of “Meets  Standards.”   The  applicant  has
nine nonselections to the grade of major.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states the ERAB approved a  correction
to the applicant’s 8 September 2003 OPR which changed his duty  title  from
“Chief, Deployment Readiness Section”  to  “Commander,  Readiness  Flight.”
Although the 8 September 2003 duty  title  on  the  OPR  was  changed,  the
contents of the report were not.  Therefore, the central board members  had
this information available to them to base its  decision  when  considering
the applicant for promotion.  DPPPO advises the applicant fails to  provide
any evidence or documentation of reasonable diligence to correct his record
prior to the board.  The AFPC/DPPPO complete evaluation, with  attachments,
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  16
June 2006 for review and response within 30 days.  As of  this  date,  this
office has received no 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  We have reviewed  the  available  evidence
pertaining  to  the  applicant’s  assertions  related  to  his  duty   title
correction on his Officer Performance Report and  we  are  unpersuaded  that
SSB consideration for the CY 2003B Major Central Selection Board based on  a
change to his duty history is warranted.  His  contentions  in  this  regard
are duly noted; however, in our opinion, the Air  Force  office  of  primary
responsibility has adequately addressed these  contentions  and  we  are  in
agreement  with  their  assessment  of  his  case.   In   the   absence   of
documentation showing what action he  took  prior  to  the  board  convening
which  demonstrates  “reasonable  diligence”  in  the  maintenance  of   his
records, we do  not  believe  SSB  consideration  based  on  this  issue  is
appropriate.  Therefore, in the absence of evidence which would lead  us  to
believe  his  record  was  so  inaccurate  and  misleading  that  the   duly
constituted board,  charged  with  the  discretionary  authority  to  select
officers for promotion, was unable to make a reasonable judgment  concerning
his promotability in relation to his peers, the applicant’s request  is  not
favorably considered.

4.    The documentation provided with this case was sufficient to  give  the
Board  a  clear  understanding  of  the  issues  involved  and  a   personal
appearance, with or without legal counsel, would not have  materially  added
to that  understanding.   Therefore,  the  request  for  a  hearing  is  not
favorably considered.

_________________________________________________________________

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  Docket  Number  BC-2006-01494
in Executive Session on 18 July 2006, under the provisions of AFI 36-2603:

            Ms. Kathleen F. Graham, Panel Chair
            Mr. Wallace F. Beard Jr, Member
            Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01494 was considered:

    Exhibit A.  DD Form 149, dated 9 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 7 Jun 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jun 06.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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