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AF | BCMR | CY2007 | BC-2006-02993
Original file (BC-2006-02993.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02993
            INDEX CODE:  131.01, 107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 APR 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given Special Selection Board (SSB) consideration by the  Calendar
Year 2006 (CY06A) Lieutenant Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The AF IMT Form 709, Promotion  Recommendation  Form  (PRF)  within  his
promotion record did not include information regarding his deployment to
Iraq and his contributions to the Global War on  Terrorism  (GWOT)  were
not highlighted to members of the Board.

In support of his request, the applicant submitted a personal statement,
AF IMT Form 709, Promotion Recommendation, AF IMT Form 707A, Field Grade
Officer Performance Report (OPR) closing  out  on  19 February  2006,  a
Memorandum of Input to Officer Performance Report and a copy of  AF  IMT
Form 77, Letter of Evaluation (LOE).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade
of major.  He was nonselected  for  promotion  by  the  CY06  Lieutenant
Colonel CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP states the  earliest  the  senior
rater (SR) could have signed his PRF was on 12 January 2006.  PRFs  were
due to HQ AFPC no later  than  10  February  2006.  The  deployed  rater
provided comments to the home station rating chain  via  a  12  December
2005 letter, which from the copy in the package, appears  to  have  been
faxed/scanned to the home station to prepare the 19 February  2006  OPR.
The input was available to the home station in time for the  information
to have been considered by the SR when preparing the  PRF.   The  SR  is
responsible for determining  the  content  of  the  PRF.   Once  the  SR
completes the PRF, she/he is required to provide the ratee a copy of the
PRF approximately 30 days prior to the  CSB.   It  was  the  applicant’s
responsibility to contact the SR to discuss errors within the PRF.   The
PRF is not a matter of record until the CSB convenes and can be  changed
prior to the CSB via a  stop  file  action.   The  applicant  failed  to
provide any supporting evidence to show he took  initiative  to  correct
the PRF prior to the CSB.

The applicant had the option, which he did  not  take  advantage  of  to
write a letter to the board to provide the board information  pertaining
to his deployment.  It is assumed the  applicant  received  his  Officer
Preselection Brief along with a copy of the instruction  sheet  for  the
preselection  brief.   The  instruction   sheet   specifically   states,
“Eligible officers may correspond by letter with their board and address
any matter of record concerning themselves that they  believe  important
to their consideration.”

Additionally, AFPC/DPPPO recommends denial of  the  applicant’s  request
for an SSB.

The DPPPEP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded and states  in  part,  when  he  discovered  the
deployment information was missing from his  PRF,  he  filed  an  appeal
under the provisions of AFI 36-2401,  Correcting  Officer  and  Enlisted
Evaluation Reports, on 25 August 2006.

Since his request was disapproved, he pursued an  appeal  with  the  Air
Force Board for Correction of Military Records  (AFBCMR).   Because  the
Management Level Review (MLR) met on 18 January 2006, and his deployment
LOE did not arrive until 26 January  2006,  his  SR  did  not  have  his
specific deployment contributions to the GWOT in hand at  the  time  the
MLR convened.  He believes if his SR had this information when  the  MLR
met, then he would have competed his record differently.

He received a copy of his PRF on  10  February  2006;  however,  due  to
personal reasons he failed to notice the omission of his  deployment  in
the PRF and subsequently did not bring this discrepancy to the attention
of his SR within the time allotted.  He also  acknowledges  he  did  not
take advantage of the opportunity to write a letter to the CSB prior  to
its convening.  He assumed his deployment contributions would have  been
captured in his officer selection record.

He takes full responsibility for these actions, but asks the  AFBCMR  to
consider these particular circumstances and grant him an SSB.

The applicant’s complete response, with attachment, 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 documentation provided, we are not  persuaded
that the applicant has been the victim of an error or injustice.  We are
not persuaded by the evidence presented, that the applicant  was  denied
the opportunity to compete successfully for  promotion  on  a  fair  and
equitable basis.  Applicant contends that his records  were  not  fairly
assessed because his PRF  did  not  include  information  regarding  his
deployment  to  Iraq  and  his  contributions  to  the  GWOT  were   not
highlighted to members of the Board.  The Air Force has  indicated  that
information concerning his contributions to the GWOT was made  available
to his home station in time for the information to have been  considered
by the senior rater when he prepared the PRF.  Furthermore,  we  believe
it was the applicant’s responsibility to contact the SR to  discuss  his
PRF prior to the CSB convening.  We acknowledge that the  applicant  has
shown he has the support of his senior rater in regard to  changing  his
PRF; however, changing the overall  PRF  recommendation  must  be  fully
justified and requires concurrence of both the senior rater and the  MLR
President. In view of this, and since he has failed to  provide  support
from the MLR President to agree with changing his PRF, 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.
Therefore, we find no basis upon which to recommend favorable action  on
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  Docket  Number  BC-2006-
02993 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 26 Sep 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 14 Nov 06.
      Exhibit D. Letter, SAF/MRBR, dated 17 Nov 06.
      Exhibit E. Letter, Applicant, dated 28 Nov 06, w/atchs







                                   THOMAS S. MARKIEWICZ
                                   Chair

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