RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02363
            INDEX CODE: 131.01, 107.00 111.01
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 Feb 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 his Officer Performance Report (OPR),  closing  1 Jun
05, and his Meritorious Service Medal (MSM), First  Oak  Leaf  Cluster
(1OLC), included in his Officer Selection Record (OSR),  and  the  MSM
1OLC reflected on his CY05A Officer Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The selection board reviewed an incomplete record.  He did  everything
within his power to insure this information was in his  OSR  prior  to
the board convening, but obviously  was  unsuccessful.  His  permanent
change of station (PCS)  from  Keesler  AFB,  MS,  to  Luke  AFB,  AZ,
necessitated completion of his OPR, which was due 1 Jun 05.   The  OPR
was accomplished in Jan 06, just before the CY06A CSB.   The  MSM  was
accomplished in Jun 06, well after the CY06A board convened.

In support of his request, applicant provided  a  Memorandum  for  the
Record.  His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

The applicant was considered but not selected by the  CY05A  LTC  CSB,
which convened on 6 Jul 05.  The OSB reflected receipt  of  the  basic
MSM.

The OPR for the period 1 Jun 04 through 1 Jun 05  was  signed  by  the
additional  rater/reviewer  on  1 Jun  05.   It  was  filed   in   the
applicant’s OSR on 31 Jan 06.

The applicant was not selected by the CY06A LTC CSB, which convened on
13 Mar 06.  The OSB reflected receipt of the basic MSM,  and  the  OSR
contained the 1 Jun 05 OPR.

The MSM 1OLC for the period 30 Dec 01 to 16 Jun 05, was awarded to the
applicant by Special Order GA-219 dated 31 May  06,  after  the  CY06A
board  convened.   Further,  according  to  the  Special  Order,   the
recommendation for the decoration was requested on  15 Nov  05,  after
the CY05A board had convened.

OPR profile since 2001 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

              16 Aug 01                      Meets Standards
              16 Aug 02                      Meets Standards
              16 Aug 03                      Meets Standards
            # 31 May 04                      Meets Standards
            ## 1 Jun 05                      Meets Standards

#  Top Report for CY05A LTC CSB
## OPR in question & top report for CY06A LTC CSB

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO  recommends  denial.   Per  AFI  36-2406,  OPRs  on  EAD
officers are due at HQ AFPC  no  later  than  60  days  following  the
report’s closeout date.  The OPR in question was not required to be on
file until 1 Aug 05.  Since many officers fall into this  predicament,
approving SSB consideration for the CY05A  board  with  a  report  not
required to be on  file  would  generate  unfairness  in  the  current
promotion process.  The closing date of the MSM  1OLC  is  16 Jun  05;
however, the Special Order was dated 31 May 06.  This  decoration  was
not a matter of record when the CY05A and CY06A CSBs convened.  AFI 36-
2803 requires decorations to be entered into official channels  within
two years and awarded within three years of the act,  achievement,  or
service performed.  As such, the decoration was processed in a  timely
manner and there is no compelling reason to include  a  decoration  in
the applicant’s OSR that did not exist prior to the  CY05A  and  CY06A
boards.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 Aug 06 for review and comment within 30 days  (Exhibit
D).  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  to  warrant   granting   SSB
consideration for the CY05A LTC CSB with the 1 Jun 05 OPR and 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 opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error  or  injustice.
In this respect, while the OPR did “exist”  when  the  CY05A  LTC  CSB
convened, it was not required to be  filed  until  after  the  board’s
6 Jul 05 convening date. As for the MSM, we  note  the  Special  Order
indicates the award was not requested until 15 Nov  05,  and  was  not
awarded until 31 May 06, both  dates  months  after  the  CY05A  board
convened.  Further,  other  than  his  own  statement,  the  applicant
provides no persuasive evidence supporting his assertion he made every
effort to correct his records in  time  or  demonstrating  his  rating
chain intended the OPR and MSM 1OLC be considered  by  the  CY05A  LTC
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-
2006-02363 was considered:

   Exhibit A.  DD Form 149, dated 28 Jul 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 17 Aug 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 06.




                                   MICHAEL V. BARBINO
                                   Panel Chair