RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02788
            INDEX CODE: 131.00
            COUNSEL: NONE
            HEARING DESIRED: NO

      MANDATORY CASE COMPLETION DATE: 17 Mar 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Promotion Recommendation Form (PRF) prepared for the  Calendar  Year
2005A  (CY05A)  Colonel  Central  Selection  Board  be  considered   for   a
"definitely promote" (DP) recommendation.

2.  His   corrected   record   receive   Special   Selection   Board   (SSB)
consideration  for  promotion  to  colonel  by  the  CY05A  Central  Colonel
Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He relocated during the PRF process on 2 Jul 05, after  the  PRF  accounting
date, but before the PRF cutoff date  (14  Jul  05)  and  was  not  properly
considered for promotion under the  provisions  of  AFI  36-2406,  paragraph
8.4.  His gaining senior rater did not  review  his  Record  of  Performance
(ROP) or consider him as an eligible  officer  for  DP  consideration.   His
gaining Military Personnel Flight did not notify his  senior  rater  of  his
eligibility, did not provide his ROP or Duty  Qualification  History  Brief,
and did not ensure his senior rater certified a  review  of  his  ROP  as  a
gained eligible.  In addition, applicant states he did not  receive  a  copy
of his PRF until 6 Sep 05.

Had he been properly considered by his gaining senior rater, he  could  have
been awarded a "DP" or his record could have been submitted to  compete  for
aggregation and carry-over DP recommendation.

In support of his request, applicant provided a memorandum prepared  by  his
former group commander.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended  active  duty  in  the  grade  of
lieutenant colonel, having assumed that grade effective and with a  date  of
rank of 1 Dec 00.

Applicant departed PCS from his duty assignment at Hickam AFB, HI and  on  4
Jul 04, reported to Maxwell AFB, AL to attend Air  War  College.   Prior  to
his departure from Hickam AFB, his senior rater  prepared  a  narrative-only
PRF in accordance with AFI 36-2406, paragraph 8.1.5.6.  The  PRF  Accounting
Date for the CY05A Colonel Central  Selection  Board  was  15  Apr  05.   In
accordance with AFI 36-2406, paragraph 8.1.5.6., a Student Management  Level
Review convened and prepared a  Recommendation-Only  PRF  with  a  "promote"
recommendation.  The applicant departed Maxwell AFB and reported to his  new
duty assignment at Dyess AFB, TX on 2 Jul 05.  The PRF cut-off date for  the
CY05A colonel selection board was 14 Jul 05.   He  was  considered  and  not
selected for promotion to the grade of colonel by the CY05A  and  the  CY06A
Colonel Central Selection Boards, which convened on 12 Sep  05  and  15  May
06.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states the applicant's  gaining  senior
rater was notified, reviewed the applicant's record  and  did  consider  him
under the guidelines of AFI 36-2406 and determined he  would  not  award  or
compete him for a DP recommendation, in which he annotated "No Change  (NC)"
on the "Eligibles projected to Senior Rater you service" report stating  the
recommendation from the losing senior rater was an accurate  recommendation,
which was then submitted to the Management Level.  In addition,  it  is  the
responsibility of the senior rater to give the PRF to  an  eligible  officer
approximately 30 days prior to a selection board;  however,  it  is  a  dual
responsibility of the individual to contact the senior rater if the  PRF  is
not received within 15 days of a board.  He did receive his  PRF  four  days
prior to the board which was ample time  to  bring  any  correction  to  the
attention of the senior rater for possible correction.

The DPPPE complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

While the document provided by the advisory may comply with  the  letter  of
the law, applicant does not believe it complies with the  intent  or  spirit
of AFI 36-2406.  The product was not signed  by  his  senior  rater  and  is
merely stamped with his signature,  indicating  his  senior  rater  did  not
personally review or certify this document.  Even the "NC"  annotation  does
not appear to be in his handwriting.  This document  appears  to  have  been
completed on 13 Jul 05 during the ACC Management Level  Review  which  would
further indicate he was not duly considered prior to the ACC MLR by  the  12
AF/CC for an outright DP recommendation from  his  own  allocation.   At  no
time prior to this did the 12AF command staff contact  his  MPF  to  request
his Record of Performance or a copy of his PRF from  the  Student  MLR.   At
that time he was in-processing and his records were in his possession.   The
MPF did not notify 12 AF/CC of his eligibility  for  his  PRF  consideration
and in fact was unaware of the rules that would allow him to  compete.   The
7 BW/CV was vaguely aware that such consideration was possible.

The point that he was making on not receiving his PRF  until  6  Sep  05  is
that it was not forwarded by the AF Student  MLR  and  therefore  could  not
have been considered by his gaining senior  rater  prior  to  the  ACC  MLR.
Without reviewing his narrative-only PRF recommendation, the  12AF/CC  would
not have the information necessary to decide whether  he  should  have  been
considered in accordance with AFI 36-2406.  Following  the  promotion  board
release, the 7 BW/CC personally called the 12 AF/CC and received  absolutely
no feedback indicating he ever previously reviewed  his  record,  considered
him for a "DP" or considered competing is record at the ACC MLR.

Applicant's complete response, is at 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.  After a thorough review  of  the  evidence
of record and the applicant's complete submission, we  find  no  substantive
evidence which would lead us to believe the applicant has  been  the  victim
of an error or injustice.  We agree with the Air  Force  office  of  primary
responsibility that it appears the applicant was  afforded  the  appropriate
considerations in accordance with the  applicable  Air  Force  instructions,
and we are not persuaded otherwise by his assertions.  Therefore,  we  adopt
the Air  Force's  rationale  as  the  basis  for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.  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-
02788 in Executive Session on 30 Jan 07, under the  provisions  of  AFI  36-
2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Kathy L. Boockholdt, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Sep 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 7 Nov 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.
    Exhibit E.  Letter, Applicant, dated 20 Dec 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair