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AF | BCMR | CY2006 | BC-2006-02876
Original file (BC-2006-02876.DOC) Auto-classification: Denied

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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