RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2006-03941
                                       INDEX CODE:  100.05
      XXXXXXXXXXXXXXXXXXXX              COUNSEL: NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  30 June 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2006A (CY06A) (13 Mar  06)  (P0506A)  Lieutenant  Colonel  (Lt
Col) Central Selection Board (CSB) with a corrected Officer Selection  Brief
(OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His assignment history on his OSB contained erroneous data in  that,  the  1
March 2001 effective date should  read  17  March  2002  with  a  “Chief  of
Standardization/Evaluation” duty title and, the level of command for his  26
September 2002 and 2 December 2003 duty title entries  should  reflect  “3W”
and “HAFF.”

In support of his appeal, the applicant provides copies of his  P0506A  OSB;
his officer performance reports (OPRs) closing  22 August  2004,  22  August
2003, 22 August 2002, and  16  March  2002;  and  electronic  correspondence
confirming his request for SSB consideration.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the  applicant  is
currently serving on active duty in the grade of  major  with  an  effective
date and date of rank of 1  June  2002.   He  has  a  Total  Active  Federal
Military Service Date and a Total Active Federal Commissioned  Service  Date
of 30 September 1991.  The applicant has two nonselections to the  grade  of
lieutenant colonel by the CY06A and CY06C Lt Col CSBs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration by the P0506A board.  DPPPO states that eligible officers  are
given an Officer Preselection Brief (OPB) 120 days prior to the board.   The
OPB contains the same data that will  appear  on  the  OSB  at  the  central
board.  The instruction,  attached  to  the  OPB,  informs  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 instructions specifically state  “Officers  will  not  be
considered  by  Special  Selection  Board,  if  in   exercising   reasonable
diligence, the officer should have  discovered  the  error  or  omission  in
his/her records  and  could  have  taken  timely  corrective  action.”   The
applicant has not provided any documentation to show action was taken  prior
to the board to correct errors on his  OSB.   DPPPO  notes  the  applicant’s
assignment history is now correct in MilPDS.

It is DPPPO’s opinion that the contested assignment history  errors  on  the
applicant’s OSB did not cause his nonselection  for  promotion  to  Lt  Col.
DPPPO states central boards evaluate the entire selection record to  include
the promotion recommendation  form,  OPRs,  officer  effectiveness  reports,
training reports, letters of evaluation, decorations, and data on  the  OSB.
The board members assess  whole  person  factor  such  as  job  performance,
professional  qualities,  depth  and  breadth  of  experience,   leadership,
academic education,  and  professional  military  education  when  rendering
their decision.

The AFPC/DPPPO evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  23
March 2007, for review and comment within 30 days.  As of  this  date,  this
office has received no response.

_________________________________________________________________

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  probable  error  or  injustice.   We  note  the   applicant’s
contention that erroneous assignment history  data  reflected  on  his  OSB,
contributed to his nonselection for promotion to  the  grade  of  lieutenant
colonel for the P0506A promotion board.  However, the applicant provides  no
evidence that he exercised  due  diligence  in  attempting  to  correct  his
record before the board convened,  even  after  receiving  his  P0506A  OPB.
Additionally, we are not persuaded that the inclusion of the erroneous  data
history on his OSB caused his record to be so erroneous or  misleading  that
the  duly  constituted  selection  board,  vested  with  the   discretionary
authority  to  select  officers  for  promotion,  was  unable  to  reach   a
reasonable decision concerning his promotability in relation to  his  peers.
Therefore,  in  view  of  the  above,  we  agree  with  the   opinions   and
recommendation of the Air Force office of primary responsibility  and  adopt
their  rationale  as  the  basis  for  our   decision.    Accordingly,   the
applicant’s request for SSB consideration is not favorably considered.

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 issues 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 this application in  Executive
Session on 15 May 2007, under the provisions of AFI 36-2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2006-03941
was considered:

      Exhibit A.  DD Form 149, dated 15 Dec 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 16 Mar 07.
      Exhibit D.  Letter, SAF/MRBR, dated 23 Mar 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair