RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02876
INDEX CODE:
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 24 Mar 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Selection Brief (OSB) for the CY06A (13 March 2006) (P0506A)
Lieutenant Colonel Central Selection Board (CSB) be corrected to explicitly
reflect that his in-residence attendance at Joint Military Intelligence
College (JMIC) was an Air Command and Staff College (ACSC) equivalent
program meeting Intermediate Developmental Education (IDE) in-residence
credit based upon competitive board selection. He then requests he be
considered by a Special Selection Board (SSB).
________________________________________________________________
APPLICANT CONTENDS THAT:
When the CY06A (13 March 2006) (P0506A) Lieutenant Colonel CSB met, it did
not consider JMIC as being both in-residence and IDE (ACSC equivalent), and
this fact was not explicitly stated in the training report or on the OSB.
The corrected P0506C OSB proves an error occurred. The promotion board
statistics (non-rated Ops receiving a “P”) reveals that only four people
were in this category, and this low number indicates he was not considered
as meeting competitive IDE selection. This occurred due to two
simultaneous events: a rule change allowing JMIC as an IDE (ACSC
equivalent) in-residence program, and because he was already attending JMIC
when selected for promotion to Major and was competitively board selected
to attend IDE in-residence.
In support of the appeal, applicant submits a letter to the Board, dated 28
August 2006, an Air Force Officer Pre-Selection Brief (OPB), dated 25
October 2005, and a Duty Qualification History Brief, dated 25 August 2006.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant was assigned to JMIC in July 2000 and, while at JMIC, was
selected for and promoted to the grade of major, with a DOR and effective
date of 1 September 2002. He has one non-selection to the grade of
lieutenant colonel by the CY06A (15 March 2006) (P0506A) Lieutenant Colonel
CSB. The P0506A OPB provided by the applicant reflected in-residence JMIC
completion for Developmental Education (DE) in 2001. An OSB, dated
19 February 2006, and the Duty Qualification History Brief provided by
applicant reflected in-residence JMIC completion for DE in 2003.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAFE recommends denial based on the argument that applicant’s
completion of in-residence IDE was not clear to the CSB. They advise that
the 2001 date for completion of in-residence JMIC DE was incorrect as
applicant did not complete ACSC-Distance Learning (ACSC-DL), a prerequisite
for IDE in-residence credit, until 2003, and that the 2003 completion date
for in-residence JMIC as reflected on the OSB is correct. They further
advise that, due to character limitations, “JMIC” is the only approved OSB
display for JMIC completion, and that placing “JMIC-RESIDENCE-2003” on the
OSB would reveal to the CSB members that applicant completed a DE program
in-residence.
The AFPC/DPAFE evaluation is at Exhibit C
AFPC/DPPPO recommends denial. They concur with the opinion provided by
AFPC/DPAFE, and further point out that applicant has provided no
documentation to show that action was taken prior to the board to correct
the year of completion from 2001 to 2003, and that he had from 2003 until
2006 to get this date correctly updated in the Military Personnel Data
Systems, and subsequently on his OSB, prior to CSB convening date.
Additionally, they advise that officers receive the OPB several months
before board convening date, that written instructions attached to the OPB
specifically instruct the officer to carefully examine the OPB for
completeness and accuracy and that they must take any corrective action
prior to board convening date, and that they specifically state that
“Officers will not be considered by a Special Selection Board if, in
exercising reasonable diligence, the officer should have discovered the
error or omission in his/her records and diligence, the officer should have
discovered the error or omission in his/her records and could have taken
timely corrective action.” They also point out that eligible officers
meeting a CSB 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 and, as such, applicant could have written a letter to the board
prior to its convening explicitly explaining that JMIC was IDE in-residence
and an ACSC equivalent.
The AFPC/DPPPO evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 17
November 2006, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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. We took notice of the applicant's
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 that his
completion of JMIC in-residence was clearly reflected on the OSB considered
by the CSB members. Additionally, applicant chose not to exercise his
option of submitting a letter to the board president addressing any matter
of record concerning himself that he believed was important to his
consideration for promotion and, as such, could have written a letter to
the board prior to its convening explicitly explaining that JMIC was IDE in-
residence and an ACSC equivalent. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the relief
sought in this application.
4. 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 issue(s) involved. Therefore, the request for a
hearing 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 Docket Number BC-2006-02876
in Executive Session on 17 January 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAFE, dated 24 Oct 06.
Exhibit D. Letter, AFPC/DPPPO, dated 3 Nov 06.
Exhibit E. Letter, SAF/MRBR, dated 17 Nov 06.
THOMAS S. MARKIEWICZ
Chair
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