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AF | BCMR | CY2007 | BC-2004-02068
Original file (BC-2004-02068.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02068 (Case 3)
            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

His decoration citations  and  a  copy  of  his  American  College  of
Healthcare  Executives  (ACHE)  diploma  be  placed  in  his   Officer
Selection Record (OSR).

He be considered for promotion to the grade of lieutenant colonel by a
Special Selection  Board  (SSB)  for  the  CY04A  (P0504A)  Lieutenant
Colonel, Medical Service Corps (MSC), Central  Selection  Board,  with
his corrected record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to the P0504A selection  board,  he  requested  and  received  a
complete copy of his OSR.  All the required documents, to include  the
decoration citations and ACHE diploma, were electronically sent to him
on 3 February 2004.  Subsequent to his nonselection for promotion,  he
requested and received the electronic copy of his “As Met” P0504A  OSR
on 14 June 2004 and the citations and ACHE diploma were missing.   The
absence of the referenced documents from his  OSR  adversely  affected
the selection board’s decision.

In support of his request, applicant  submits  a  personal  statement,
copies of the “As Met” OSR and the missing documents.  The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
9 August 1987.  He is currently serving on active duty in the grade of
major, with an effective date and date of rank of 1 October 1998.  The
following is a resume of his Officer Performance Report (OPR)  ratings
subsequent to his promotion to that grade.

            Period Ending    Evaluation

               15 Apr 99     Meets Standards (MS)
            #  15 Apr 00          MS
               15 Apr 01          MS
            ## 15 Apr 02          MS
            ###15 Apr 03          MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY02A  Central  Lieutenant
Colonel Board, which convened on 19 February 2002.

## Top report at the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY02C  Central  Lieutenant
Colonel Board, which convened on 3 December 2002.

### Top report at the time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY04A  Central  Lieutenant
Colonel Board, which convened on 1 March 2004.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPB recommends the application be denied.   DPPB  states  the
decorations in  the  OSR  contain  file  dates  pre-dating  the  board
convening (file dates ranged from September 1999 -  January  2002  and
are typically stamped on the bottom of the document or on the  reverse
side).  The OSR also reflects the diploma for ACHE was  filed  in  the
OSR  prior  to  the  board  (date  of  filing  was   6 August   2003).
Additionally, the applicant’s Officer Selection Brief (OSB) references
all awarded decorations as  well  as  his  board  certification.   The
applicant’s record was reviewed no fewer than four times prior to  the
convening of the board.  During the board, his  OSR  was  reviewed  by
five board members.  There is  no  indication  any  of  these  reviews
discovered the documents to be missing.  Applicant’s request to  place
the referenced documents in his OSR is  moot,  as  the  documents  are
there and by all evidence were there for the promotion board.   It  is
much  more  likely  that  an  administrative  error  resulted  in  the
applicant receiving an incomplete “as met”  set  of  copies.   The  HQ
AFPC/DPPB evaluation is at Exhibit C.


HQ AFPC/DPPPO’s evaluation of applicant’s  request  requires  them  to
rely on the opinions of other Air Force experts.  As such,  DPPPO  has
reviewed DPPB’S advisory and, based on their findings, recommends  the
applicant’s request for SSB consideration be denied. The HQ AFPC/DPPPO
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
8 October 2004 for review and response.  As of this date, no  response
has been received by this office (Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After reviewing the evidence  of
record, we are unpersuaded that the applicant’s records are  in  error
or that he has been the victim of an injustice.  His  contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force office (HQ AFPC/DPPB) adequately  address  those
allegations.  We note the applicant’s Officer Selection  Brief  (OSB),
prepared for the selection board in question, referenced  all  of  his
awarded decorations as well as his board  certification.   Hence,  the
selection board was aware the applicant had received the stated awards
as well as his board  certification.   Additionally,  considering  the
number of reviews a selection record goes through prior and during the
convening of a selection board, if  the  documents  were  missing,  we
believe they would have been caught during one of these reviews.   We,
therefore, believe an administrative error resulted in  the  applicant
receiving an incomplete “as  met”  set  of  copies  of  his  selection
record.  In  view  of  the  above,  we  agree  with  the  opinion  and
recommendation of HQ AFPC/DPPB and adopt the  rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   In
absence of persuasive 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 2 December 2004, under the provisions of AFI  36-
2603:

                  Ms. Marilyn M. Thomas, Vice Chair
                  Mr. Gregory A. Parker, Member
                  Ms. B. J. White-Olson, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-02068.

   Exhibit A.  DD Form 149, dated 18 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPB, dated 17 Sep 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 30 Sep 04.
   Exhibit E.  Letter, SAF/MRBR, dated 8 Oct 04.




                                   MARILYN M. THOMAS
                                   Vice Chair

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