RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02192
            INDEX CODE:  107.00, 131.01
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Jan 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board  (SSB)  consideration  for  the
Calendar Year 2005A (CY05A) Lieutenant Colonel (LTC) Central Selection
Board (CSB) with the Meritorious Service Medal, First Oak Leaf Cluster
(MSM 1OLC) citation for the period 7 Sep 02 to 15 Aug 05  included  in
his Officer Selection  Record  (OSR)  and  annotated  on  his  Officer
Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The CY05A LTC CSB considered his incomplete record without  data  that
was critical for promotion.  The absence of the information  contained
in the citation resulted in improper consideration by the board.   The
error was not known at  the  time  of  the  board  but  was  corrected
immediately when discovered.

In support of his request, the applicant provided a copy  of  the  MSM
1OLC special  order  and  citation.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of major with a date of rank (DOR) of 1 May 01.

The MSM 1OLC for the period 7 Sep 02  to  15 Aug  05  was  awarded  by
Special Order GB A3-0039, dated 20 Jun 05.

The applicant was considered but not selected by the  CY05A  LTC  CSB,
which convened on 5 Jul 05.  The OSB for this board  did  not  reflect
receipt of the MSM 1OLC.   The  Promotion  Recommendation  Form  (PRF)
indicated an overall recommendation of “Promote.”

The MSM 1OLC was filed in the applicant’s OSR on 22 Dec 05.

The applicant was considered but not selected by the  CY06A  LTC  CSB,
which convened on 13 May 06.  The OSB reflected  receipt  of  the  MSM
1OLC, and the OSR  contained  the  citation.   The  PRF  indicated  an
overall recommendation of “Promote.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial. Citations and special orders must  be
forwarded for file within 30 days of the date of the special order. As
such, the MSM 1OLC special order and citation  were  processed  within
the guidelines of the governing directive and  neither  were  due  for
file until 20 Jul 05.  Furthermore, since the decoration closed out on
15 Aug 05 after the board adjourned, the citation could not have  been
filed in the applicant’s promotion file nor reflected on the CY05A OSB
because the MSM 1OLC did not  exist  when  the  CY05A  board  convened
[sic].

[Note:   The  last  sentences  in  Sections  Facts  and  Comments  and
Recommendation of the advisory opinion incorrectly state the MSM  1OLC
could not have been filed in the applicant’s CY05A OSR or included  on
the OSB because the decoration’s closing date (15 Aug  05)  was  after
the selection board convened (5 Jul 05) and therefore did not  “exist”
at that time.  However, Special Order GB A3-0039 is dated 20  Jun  05;
therefore, the award did exist before CY05A board convened.]

The complete HQ AFPC/DPPPO evaluation, with attachment, is at  Exhibit
C.

Pursuant to an inquiry from the AFBCMR Staff regarding the accuracy of
the last sentences in the sections noted above, HQ AFPC/DPPPO  removed
these statements in an amended version of their advisory.

A copy of the amended HQ AFPC/DPPPO evaluation,  with  attachment,  is
also at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the original Air Force evaluation was forwarded  to
the applicant on 18 Aug 06 (Exhibit D) and, on 19 Oct 06,  a  complete
copy of the amended evaluation was  forwarded  to  the  applicant  for
review and comment within 30 days (Exhibit E).

The applicant contends his record that met the CY05A CSB  contained  a
material error of fact in that it was incomplete due  to  the  missing
decoration.  The  established  filing  process,  even  when  correctly
followed, does not preclude a record from meeting the promotion  board
without error. He was unaware of the decoration at  the  time  of  the
board and the error was not discovered until months after the CSB when
the decoration/citation was delivered.   He  immediately  applied  for
correction of his record.  The applicant asserts AFI 36-2501 indicates
a record that meets the  board  with  a  material  error  of  fact  or
material administrative error warrants an SSB. Additionally,  the  MSM
1OLC citation contained information that was not on any  other  report
and the absence of this information resulted in improper consideration
by the board.

The applicant’s complete response 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  to  warrant   granting   SSB
consideration for  the  CY05A  LTC  CSB  with  the  MSM  1OLC  in  the
applicant’s records.  We took notice of  his  complete  submission  in
judging the merits of the case; however, we  agree  with  the  amended
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility and adopt its amended rationale as the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice. In this respect, the award was not  required  to  be  filed
until after the selection board convened.  Further, while the MSM 1OLC
did “exist” when the CY05A LTC CSB convened, the applicant provides no
persuasive evidence showing his rating chain  intended  the  award  be
considered by that selection  board.  Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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 5 December 2006 under the provisions of  AFI  36-
2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Glenda H. Scheiner, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-02192 was considered:

   Exhibit A.  DD Form 149, dated 10 Jul 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters (Original & Amended), HQ AFPC/DPPPO,
                       dated 7 Aug 06, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 06.
   Exhibit E.  Letter, AFBCMR, dated 19 Oct 06.
   Exhibit F.  Letter, Applicant, dated 17 Nov 06, w/atchs.




                                   MICHAEL V. BARBINO
                                   Panel Chair