RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01886
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  24 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

      a.  Corrections be made to the Letter of Evaluation (LOE) rendered  on
him for the period of 10 Feb 01 to 31 Dec 03.

      b.  The Officer Selection  Brief  (OSB)  viewed  by  the  CY05B  Major
Central Selection Board (P0405B) (5 Dec 05)  be  corrected  to  reflect  his
award of the Joint Service Commendation Medal (JSCM), and his  correct  date
of rank (DOR).

      c.  He be considered for promotion with  the  corrected  record  by  a
Special Selection Board (SSB) for the  Calendar  Year  2005B  (CY05B)  major
Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

There are at least eight (8) incorrect  entries  on  his  Officer  Selection
Brief (OSB) under the Assignment History Section, his Date of Rank (DOR)  is
incorrect, and his Joint Service Commendation Medal (JSCM) was omitted.

In Oct 2001, he separated under honorable conditions; however,  his  records
were not maintained.  He was not on active duty from Oct  2001  through  Dec
2003 and no official reports were done.  He made several  visits,  beginning
in July 2004, to his military personnel center to  correct  as  many  errors
and he could prior to the CY05B board (5 Dec 2005).

His “As Met” OSB incorrectly reported his DOR  as  1  Jul  2000.   AFPC  has
subsequently corrected his DOR to 16 Jul 00.  The P0405B board  was  his  In
the Promotion Zone (IPZ) board.  Due to his DOR being prior to 31  Dec  2000
his OSB indicated that he was an Above the Promotion Zone  (APZ)  candidate.
Nothing included in his  “As  Met”  record  indicates  that  the  board  was
informed he was to be considered APZ.

In support of his appeal, the  applicant  submits  his  personal  statement,
copies of documents from his OSR, and a copy of his DD 214.

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’s Total Active Federal Military Service Date  as  15
Sep 97.  On 30 Sep 01, the applicant was honorably  discharged  from  active
duty and transferred to the Reserves.  He returned to active duty on  1  Jan
04 and is currently serving in the grade of captain with an  effective  date
of rank of 16 Jul 00.  The applicant has one nonselection for  promotion  by
the CY05B Major CSB.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibits C & D.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends partial approval of the  applicant’s  requests  by
providing a corrected AF Form  77  which  they  request  be  placed  in  the
applicant’s military personnel  record.   DPPPEP  states  IAW  AFI  36-2608,
Military Personnel Records System, paragraph 2.24, “when an  officer  enters
the Air Force from another service, prepare an  AF  Form  77  to  cover  the
period between the close-out date of the officer’s last  performance  report
in the other service and the  date  of  entry  into  the  Air  Force.”   The
applicant’s last report on file closed out on 12 Feb 01  and  the  applicant
separated on 30 Sep 01.  The inclusive dates on the AF  Form  77  states  13
Feb 01 – 31 Dec 03, which is documented IAW AFI 36-2608.

DPPPEP explains the proper procedures to complete  the  AF  Form  77  is  to
complete (a) Section 1, blocks 1, 2, 3, and 4,  (b)  Section  II,  From  and
Thru dates, (c) Section IV, should reflect  “No  report  available  for  the
period 13 Feb 01 through 31 Dec 03.  No report required according to AFI 36-
2406.”  The  duty  title  should  not  be  completed  on  the  AF  Form  77;
therefore, the  applicant’s  request  to  change  the  duty  title  to  read
“Inactive Ready Reserve” is inappropriate.  In addition, this office  agrees
the “Letter of Evaluation” and “Mandatory” blocks should not  be  marked  on
the AF Form 77.

DPPPEP’s complete evaluation, with attachments, is at Exhibit C.

HQ  AFPC/DPPPO  recommends  denial  of  the  applicant’s  request  for   SSB
consideration.   DPPPO  states  the   applicant   has   not   provided   any
documentation to substantiate what corrective action he took  prior  to  the
board to ensure his OSB reflected his correct duty titles or his  JSCM.   It
is the officer’s responsibility to ensure the accuracy of his  record  prior
to the  board  convening  date,  not  after  he  has  been  nonselected  for
promotion.  DPPPO explains  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 break in service.  We have  verified
that he did not elect to exercise this entitlement.  Additionally, he  could
have written a letter to the board members informing them that this was  his
IPZ board to major.

DPPPO states duty title effective dates do not  necessarily  correlate  with
the start and stop dates of OPRs.  They are based on  date  arrived  station
and/or effective dates of PCAs.  Likewise, not all duty titles on OPRs  have
to be updated in MilPDS.  The applicant has not provided  any  documentation
to substantiate that the effective date of his duty entries were in error.

DPPPO states based on DPPB’s [sic] statement that the dates on the  AF  Form
77 are correct; SSB consideration is not warranted at this time.

The complete DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 13 Oct 06,  the  applicant  states  his  DOR  was  not
corrected by AFPC until calendar year 2006.  After his  DOR  was  corrected,
he was unable to determine what board he was going to meet.   His  incorrect
DOR and lack of explanation on his incorrect AF Form 77 gave the  appearance
that he was an APZ candidate and implied that two  OPRs  were  conducted  on
him but were not available for evaluation.

He provided a chronological log to augment his claim that  he  made  several
attempts to correct his records.  His JSCM was awarded post  his  separation
and was not included in his record  maintained  at  the  Pentagon/MPF.   The
citation was part of his official record  during  the  board,  but  was  not
listed on his OSB.  AFPC had his citation three weeks  prior  to  the  board
but did not update his OSB because his MPF was unaware of the citation.   He
opted not to write a letter to explain that  he  was  not  homesteading  and
contends his record would have been self-explanatory had these  issues  been
appropriately addressed.

Without evidence to show how he was treated as an IPZ  when  his  DOR  alone
indicated APZ, he believes that this factored into the board’s decision  for
non-selection.  While duty titles and  dates  do  not  have  to  necessarily
correlate to start and stop dates of OPRs, his does.  The days  reported  on
the “As Met” OSB were not consistent with his OPR open and close  dates  and
titles in his physical record.  The incorrect dates on his AF Form 77  might
have  led  the  board’s  interpretation  of  his  lack  of  evaluations   as
homesteading.  In addition, it would appear  that  he  was  not  competitive
during that time because he did not participate in residence  SOS,  nor  did
he receive any personal accolades during this time.

The applicant’s compete submission is at Exhibit F.

_________________________________________________________________

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  regarding  the  applicant’s  request  to
correct the effective dates of his duty  titles  on  his  Officer  Selection
Brief (OSB) to coincide with the dates of his  OPRs.   After  reviewing  the
complete evidence of record, we agree with the determination  of  AFPC/DPPPO
regarding this issue  and  adopt  their  rationale  as  the  basis  for  our
conclusion the applicant has not been the victim of an  error  or  injustice
on this issue.

4.  Notwithstanding our determination above,  we  find  sufficient  relevant
evidence has been  presented  to  demonstrate  the  existence  of  error  or
injustice warranting a measure of relief.   We  note  that  AFPC/DPPPEP  has
determined that the Air Force Form 77 filed in the  applicant’s  records  is
incorrect and has  provided  a  corrected  form,  which  they  recommend  be
substituted in the applicant’s records.   We  accept  their  recommendation.
Additionally, we note that although  the  citation  for  the  Joint  Service
Commendation Medal (JSCM) indicates it was accepted for file  prior  to  the
date the promotion board convened,  it  is  not  listed  on  his  OSB.   The
applicant’s date of rank on his OSB is also incorrect.   Finally,  based  on
the guidance in AFI 36-2406, the applicant’s OPR closing 2  Oct  05,  should
have been accepted for file prior to the promotion board convening  date  of
5 Dec 06.  As  such,  we  believe  it  should  have  been  included  in  the
applicant’s Officer Selection Record for the CY05B Major  Central  Selection
Board.  Although the applicant failed to provide details of his  efforts  to
correct his records, we believe his break in service  may  have  contributed
to the errors in his records and any doubt should be resolved in his  favor.
  While it cannot be conclusively determined what impact the errors  in  his
record may have had on  his  promotion  opportunity,  we  believe  there  is
sufficient doubt as to whether the applicant was  improperly  disadvantaged.
Accordingly, in order to resolve any potential injustice to  the  applicant,
again,  we  believe  that  any  doubt  should  be  resolved  in  his  favor.
Therefore, we recommend the applicant’s records be corrected to  the  extent
indicated below.

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:

      a.  The Officer Selection Brief prepared for the Calendar  Year  2005B
(CY05B) Major Central Selection Board be amended as follows:

          (1)  Under decorations, add the Joint Service  Commendation  Medal
(JSCM) awarded for the period 19 Feb 99 to 30 Sep 01.

          (2)  Under GRADE DATA, change Date of Rank (DOR)  to  read  16 Jul
2000.

      b.  The OPR closing 2 Oct 05 was accepted  for  file  in  his  Officer
Selection Record on or before 10 Nov 05.

      c.  The Letter of Evaluation (LOE), AF Form  77,  closing  31  Dec  03
containing the comments in Block IV, “Report for the  period   13  Feb  2001
through 31 December 2003 is not available for  administrative  reasons,”  be
replaced with the revised AF Form 77  prepared  by  AFPC/DPPPPEP  containing
the comments in Block IV, “No report available for  the  period  13  Feb  01
through 31 Dec 03.  No report required according to AFI 36-2406.”

It  is  further  recommended  that  his  record,  to   include   the   above
corrections, be considered for promotion to the grade of major by a  Special
Selection Board (SSB) for the CY05B Central Major Selection Board  and  that
he be provided the opportunity to write a letter to  the  president  of  the
CY05B promotion board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01886 in Executive Session on 14 November 2006, under the provisions of  AFI
36-2603:

           Mr. Laurence M. Groner, Panel Chair
           Ms. Mary C. Puckett, Member
           Ms. Kathleen F. Graham, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPPPEP Letter, dated 7 Sep 06, w/atchs.
    Exhibit D.  HQ AFPC/DPPPO Letter, dated 13 Sep 06, w/atchs.
    Exhibit E.  SAF/MRBR Letter, dated 15 Sep 06.
    Exhibit F.  Applicant’s Rebuttal, dated 13 Oct 06 w/atchs.




                                   LAURENCE M. GRONER
                                   Panel Chair


AFBCMR BC-2006-01886


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:

            a.  The Officer Selection Brief prepared for the Calendar
Year 2005B (CY05B) Major Central Selection Board be amended as follows:

                 (1)  Under decorations, add the Joint Service
Commendation Medal (JSCM) awarded for the period 19 Feb 99 to 30 Sep 01.

                 (2)  Under GRADE DATA, change Date of Rank (DOR) to read
 16 Jul 2000.

            b.  The OPR closing 2 Oct 05 was accepted for file in his
Officer Selection Record on or before 10 Nov 05.

            c.  The Letter of Evaluation (LOE), AF Form 77, closing 31
Dec 03, containing the comments in Block IV, “Report for the period 13
Feb 2001 through 31 December 2003 is not available for administrative
reasons,” be replaced with the attached revised AF Form 77 prepared by
AFPC/DPPPPEP containing the comments in Block IV, “No report available
for the period 13 Feb 01 through 31 Dec 03.  No report required according
to AFI 36-2406.”

      It is further directed that his record, to include the above
corrections, be considered for promotion to the grade of major by a
Special Selection Board (SSB) for the CY05B Central Major Selection Board
and that he be provided the opportunity to write a letter to the
president of the CY05B promotion board.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


Attachment
Revised AF Form 77