RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2006-01670
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 December 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered by a Special Selection Board (SSB) for  the  CY04B
(P0504B) (12 July 04) Lieutenant Colonel (Lt Col)  Central  Selection  Board
(CSB) with the inclusion of his Officer  Performance  Report  (OPR)  closing
out 31 May 2004 in his Officer Selection  Record  (OSR).   In  addition,  he
requests correction to his 5 September 1998, 25 August 1998, and 1  November
1991 duty titles on his Officer Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His chain of command informed him his 31 May 2004 OPR would be  included  in
his P0504B OSR.

In support of his application, the applicant provides  a  copy  of  his  OPR
closing out 31 May 2004,  and  supporting  statements  from  his  rater  and
additional rater.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the  applicant  is
currently serving on active  duty  with  a  Total  Active  Federal  Military
Service Date of 29 November 1986 and a projected date of  separation  of  30
November 2006.  His current grade is major with a date of  rank  of  1  July
2000.  The applicant has three  nonslections  to  the  grade  of  lieutenant
colonel by the CY04B, CY05A, and CY06A Lt Col CSBs,  which  convened  on  12
July 2004, 6 July 2005 and 13 March 2006 respectively.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denying the applicant’s request for SSB  consideration
by the P0504B board with inclusion of his 31 May 2004  OPR  and  duty  title
changes.  DPPPO states Air Force  Instruction  36-2406,  paragraph  3.8.5.6,
Officer and Enlisted Evaluation Systems, indicates  that  OPRs  on  extended
active duty officers are due at AFPC no later than 60 days  following  close
out of the report.  The applicant’s OPR that closed out on 31 May  2004  was
not required to be on file until 31  July  2004.   Although  his  rater  and
additional rater provided support, they did not indicate what  actions  they
took to expedite the processing of the OPR to ensure  its  arrival  in  time
for the board.  If AFPC were to allow the inclusion  of  reports  that  were
not required to be in the OSR to be the  basis  for  SSB  consideration,  it
would be unfair to other officers who had reports close  out  less  than  60
days from  the  promotion  board,  and  whose  reports  may  not  have  been
expedited by their rating chains.

DPPPO states the applicant acknowledges that the duty history errors on  his
OSB were identified after his  nonselection  for  promotion  and  subsequent
review by his squadron commander.  These errors have now been  corrected  in
the MilPDS; however, these errors were  discoverable  and  fixable  had  the
applicant 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 provided to each eligible officer prior  to
the convening of the CSB.  The applicant does not provide an explanation  or
documentation to show what action he took to correct his OSB and ensure  his
record was accurate prior to the  convening  of  the  board.   In  addition,
although the applicant’s P0504B OSB reflected  the  incorrect  duty  history
data, his respective OPRs  contained  the  correct  information,  which  the
board members saw and took into consideration in evaluating his record.   As
such,  the  corrected  duty  history  data  does  not  introduce   any   new
information that was not already considered by the board members.

The DPPPO evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  30
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.  After reviewing the  evidence  of  record,
we note the applicant’s P0504B OSB did not reflect his correct duty  history
data at the time the board convened; however,  evidence  supports  that  his
OPRs, reviewed by the board, did reflect his correct information.   In  view
of this fact, we are not persuaded that the absence of this  information  on
his OSB caused his record to be so erroneous or  misleading  that  the  duly
constituted selection board, vested  with  the  discretionary  authority  to
select officers for promotion, was unable to  reach  a  reasonable  decision
concerning his promotability in relation to his  peers.   Additionally,  the
applicant provides no evidence that he attempted to correct his  own  record
even after receiving his OPB.  In reference to his OPR  closing  out  on  31
May 2004, we note that it was not required to be on file in his P0504B  OSR.
 In view of the above, we agree with the opinions and recommendation of  the
Air Force office of primary responsibility and adopt their rationale as  the
basis for our  decision.   Accordingly,  the  applicant’s  request  for  SSB
consideration 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 this application in  Executive
Session on 20 September 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Karen A. Holloman, Member
            Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-01670:

      Exhibit A.  DD Form 149, dated 23 May 06, w/atchs.
      Exhibit B.  Letter, AFPC/DPPPO, dated 21 Jun 06, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 30 Jun 06.




                                  MICHAEL J. NOVEL
                                                   Panel Chair