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AF | BCMR | CY2007 | BC-2006-02653
Original file (BC-2006-02653.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02653
            INDEX CODE:  131.00

      XXXXXXX XX COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  4 MAR 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of  lieutenant  colonel
by special selection board (SSB) for the CY06A (13 Mar 06) (P0506A)
Lieutenant Colonel Central Selection Board (CSB) with his corrected
officer assignment history and duty title included in  his  officer
selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His officer selection brief (OSB) did not reflect his duty title of
“Ops Flight Commander” as shown on his officer  performance  report
(OPR) closing 6 Aug 05, and his Promotion Recommendation Form (PRF)
did not reflect his DAFSC for “Director of Operations  as  “B11F3H.
Because of his deployment he did not receive his PRF within 30 days
prior to the selection board and did not  have  an  opportunity  to
verify the assignment on his OSB.

In support of his appeal, applicant submitted a copy of his Officer
Selection  Brief,  prepared  19  Feb  06;  AF  IMT  709,  Promotion
Recommendation (P0506A), and copies of his OPRs and decoration from
his military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:


The applicant is currently serving in the grade of  major,  with  a
promotion service date and date of rank of 1 Mar  02,  and  a  duty
title as Director of Operations.

Applicant was nonselected for promotion by the CY06A  (13  Mar  06)
Lieutenant Colonel CSB.


Applicant's  OPR  profile  for  the  last  five  reporting  periods
follows:

      PERIOD ENDING    OVERALL EVALUATION

      01 Oct 01  Meet Standards (MS)
      27 Feb 02  Training Report
      22 Oct 02  MS
      07 Jul 03  MS
      06 Aug 04  MS
*     06 Aug 05  MS

* OPR closing 6 Aug 05 reflect a Duty Title of  “Operations  Flight
Commander.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO reviewed this application and recommended  applicant’s
duty title of “Ops  Flight  Commander”  be  added  to  the  officer
preselection brief (OPB) effective 3  Mar  05  and  his  DAFSC  for
“Director of Operations be corrected to B11F4U, with  an  effective
date after the closeout date of his last OPR closing 6 Aug 05.

HQ AFPC/DPAO’s complete evaluation is at Exhibit C.

HQ AFPC/DPPPO recommended denial.  They state that based on  DPAO’s
recommendation applicant  should  contact  his  military  personnel
flight (MPF) to ensure the correct duty title data  is  updated  in
MILPDS.

Eligible officers  meeting  CSBs  are  given  officer  preselection
briefs (OPBs) 90 – 100 days prior to the board.  The  OPB  contains
the same data that will appear on the OSB  at  the  central  board.
Furthermore, the instructions attached  to  the  OPB  instruct  the
officer to  carefully  examine  his  record  for  completeness  and
accuracy.  If any errors are found, corrective action must be taken
prior to the selection board, not after it.  The applicant has  not
provided any documentation to show that action was taken  prior  to
the board to correct the errors on his OSB.

Additionally, eligible officers meeting a board 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.  As such,  the  applicant  could
have written a letter to the board members prior  to  convening  of
the board,  not  after  his  nonselection  to  lieutenant  colonel,
informing the board of the correct duty title data on his OSB.

After a careful review of the application, they recommended  denial
for SSB consideration.

HQ  AFPC/DPPPO’s  complete  evaluation,  with  attachments,  is  at
Exhibit D.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 1 Dec 06 for review and comment within  30  days.   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 timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the  existence  of  error  or  injustice  warranting  a
correction of his OSB/PRF, and SSB  consideration.   The  applicant
contends his nonselection for promotion to  lieutenant  colonel  by
the CY06A Lieutenant Colonel Central Selection Board was due to  an
incorrect duty title and DAFSC on his OSB and PRF,  The Board noted
the recommendation  by  the  Deputy  Chief,  Operations  Assignment
Division; however, while the duty title “Ops Flight Commander”  was
not reflected on his OSB, it was correct on his 6  Aug 05  OPR  and
available to the CSB and the duty title reflected on  the  PRF  was
accurate at the time  his  Senior  Rater  signed  the  PRF.   DPPPO
recommends the applicant’s request for a special selection board be
denied.  The applicant contends he was deployed and did not receive
his PRF within  30  days  of  the  Board,  which  resulted  in  the
corrections not being made prior to  the  promotion  board.   DPPPO
noted that officers are encouraged  to  ensure  their  records  are
accurate prior to meeting the CSB.  We found no evidence to reflect
the applicant did not have ample time to correct his  duty  history
on the officer preselection brief (OPB), as well as the  PRF  prior
to 13 Mar 06.  Should the applicant provide additional evidence  to
substantiate  his  contentions,  the  Board  would  be  willing  to
reconsider his application.  Therefore, we agree with the  opinions
and recommendation of AFPC/DPPPO and adopt the rationale  expressed
as the basis for our decision that  the  applicant  has  failed  to
sustain his burden of having suffered either an error or injustice.
 Hence, in the 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 AFBCMR Docket  Number
BC-2006-02653 in Executive Session on 11 January  2007,  under  the
provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Todd L. Schafer, Member
      Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAO, dated 20 Sep 06.
    Exhibit D.  Letter, HQ AFPC/DPPPO, dated 20 Nov 06, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Dec 06.




                                   LAURENCE M. GRONER
                                   Panel Chair

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