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AF | BCMR | CY2006 | BC-2006-02095
Original file (BC-2006-02095.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02095
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  15 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His nonselection for  promotion  by  the  Calendar  Year  2006A  (CY06A)
Lieutenant Colonel (Lt Col) Central Selection Board (CSB) be removed.

2.  His record be updated to reflect no break in service.

3.  His corrected record be considered for promotion  by  special  selection
board (SSB) for the CY06A Lt Col CSB with  inclusion  of  a  letter  to  the
board explaining his missing Officer Performance Reports (OPRs).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly considered for promotion by the CY06A Lt  Col  Selection
Board because  of  administrative  errors  in  his  official  records.   The
unexplained gap in his records and unexplained missing OPRs may have  caused
his  nonselection  for  promotion  to  Lieutenant  Colonel.   In   2001,   a
correction was made to his records identifying the gap; however,  the  CY06A
Lt Col Selection Board was not aware of the  correction.   Additionally,  an
administrative error reflecting a discharge from the military as opposed  to
the transfer from active duty to Reserves led his commander to exercise  his
option not to write his final Officer Performance Report (OPR).

He exercised due diligence  in  ensuring  his  record  was  accurate  before
meeting the CY06A Lt Col Selection Board.   Prior  to  the  Major  selection
Board, his records  accurately  reflected  the  time  gap  in  his  military
service as well as an  explanation  on  his  missing  OPRs.   A  letter  was
submitted to that board, and it was his understanding that the letter  would
remain in his records indefinitely in microfiche.  No additions  or  changes
were recommended prior to his records meeting the Lt  Col  Selection  Board.
He also called AFPC and was assured that he  did  not  need  to  submit  any
additional information.

He is attaching a letter that he would have submitted to the  CY06A  Lt  Col
Selection Board had he known  that  the  aforementioned  unaddressed  issues
could have resulted in his nonselection for promotion to Lt Col.

In support of the application, he submits his personal statement, a copy  of
a letter from HQ ARPC/DPSZ and his proposed  letter  to  the  CY06A  Lt  Col
Selection Board.

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 in the grade of  Major  with  a
date of rank of 1 Sep 02.   According to the Air  Force  Office  of  primary
responsibility, he separated on 8 Aug 1999 from the active  duty  Air  Force
to enter the Air Force Reserve and returned to active duty  on  11  December
2001.  He was selected to the  grade  of  major  by  an  Air  Force  Reserve
Selection Board and carried the pending promotion to active  duty.   He  has
one nonselection to the grade of Lt  Col  by  the  CY06A  Central  Selection
Board (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 Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial.  DPPPO  states  for  active  duty  officers
meeting CSBs, the original letter addressed to a specific board  is  removed
from  the  member’s  OSR  and  a  copy  is  filed  in  microfiche.   In  the
instruction  attached  to  the  Military  Personnel  Flight  Memorandum,  it
clearly states that  after  a  board  adjourns,  original  letters  will  be
destroyed unless a stamped, self-addressed envelope is provided to have  the
letter returned and that copies of  the  letter  will  be  retained  in  the
officer’s microfiche.   DPPPO  states  the  applicant  had  access  to  this
information and should have known the letter addressed to the Reserve  board
would not be filed in his OSR.  Furthermore, when  he  reviewed  his  record
telephonically with HQ AFPC on 1 Mar 06, he  failed  to  inquire  about  the
letter he wrote to the Reserve board.

DPPPO states the results of  the  original  CY06A  board  were  based  on  a
complete review of the applicant’s entire selection record, assessing  whole
person factors such as job performance, professional  qualities,  depth  and
breadth of experience, leadership, and education.   Although  the  applicant
was qualified for  promotion,  he  was  not  the  best  qualified  of  other
eligible officers competing for the limited number  of  promotion  vacancies
in the judgment of a selection board vested with discretionary authority  to
make such selections.  Additionally, the gap or missing OPRs is  typical  of
most officers who separated from active duty, entered Guard or Reserves  and
then returned to active duty.

The complete DPPPO 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  for
review and comment on 11 Aug 06.  As of this date, this office has  received
no response (Exhibit D).

_________________________________________________________________

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 probable error or injustice.  The applicant’s  contentions  are
duly noted; however,  other  than  his  own  assertions,  we  have  seen  no
evidence by the applicant that would lead us to  believe  that  he  was  not
properly considered for promotion during the time in question  or  that  his
OSR reviewed by the CY06A Lieutenant Colonel CSB was in  error.   Therefore,
we agree with the opinion and recommendation  of  HQ  AFPC/DPPPO  and  adopt
their rational as the basis for our decision to not favorably  consider  the
applicant’s requests.  Since we  are  unable  to  conclude  the  applicant’s
record, as seen by the CY06A selection  board  was  improperly  constituted,
the applicant’s request for SSB consideration is denied.

________________________________________________________________

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 AFBCMR Docket Number  BC-2006-
02095 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:

     Exhibit A.  DD Form 149, dated 10 Jul 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 3 Aug 06, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 06.




                                  MICHAEL J. NOVEL
                                  Panel Chair

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