RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2007-00054
                                       INDEX CODE:  100.05
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

                                             HEARING DESIRED:  UNKNOWN


MANDATORY CASE COMPLETION DATE:  13 July 2008


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APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2006A (CY06A) (15 May 2006)  (P0606A)  Colonel  (Col)  Central
Selection Board (CSB) without inclusion of the memorandum of  record  (MFR),
dated 1 May 2006, in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

The MFR erroneously informed the board of a discrepancy  with  his  OSR;  in
that, it states  the  Defense  Meritorious  Service  Medal  (DMSM)  was  not
updated in the Military Personnel Data System (MilPDS).  His  award  of  the
DMSM for the period July 2001-July 2003 was downgraded to the Joint  Service
Commendation Medal (JSCM) for the period July 2002-July 2003.  He  contacted
his Military Personnel Flight (MPF) in October  2004  to  correctly  reflect
his record to show award of the JSCM only and not both awards.  The  MFR  in
his OSR immediately gave the promotion board members the impression that  he
didn’t  care  enough  about  his  records  to  ensure  they  were   correct.
Therefore, the presence of the MFR had an extremely negative impact  on  his
promotion chances and contributed greatly to his nonselection.

In support of his appeal, the applicant provides a copy of his OSR that  met
the P0606A board.

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

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STATEMENT OF FACTS:

According to the MilPDS, the applicant is currently serving on  active  duty
in the grade of lieutenant colonel with an effective date and date  of  rank
of 1 October 2001.  He has a Total Active Federal Military Service Date  and
a Total Active Federal Commissioned Service  Date  of  15  June  1985.   The
applicant has one nonselection to the grade of  colonel  by  the  CY06A  Col
CSB.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the DMSM citation  be  removed  from  the  applicant’s
official record.  DPPPR states the applicant’s records contain a DMSM write-
up, dated 14 October 2004; however, the DMSM was downgraded  to  a  JSCM  as
verified by Military Personnel Awards Order Number 03-400, dated 14  October
2004, entitling the applicant to a JSCM for the period July 2002-July  2003.
 There is no special order located in the applicant’s record to  verify  his
entitlement to the DMSM with the inclusive time  period  of  July  2001-July
2003.

The DPPPR evaluation is at Exhibit B.

AFPC/DPPPO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration by the P0606A board.  DPPPO states the applicant  contends  he
engaged with his MPF in October 2004 to correct his record to show  that  he
was only awarded the JSCM.  However, to ensure the contents  of  his  actual
OSR were also correct, he would have had to request a  copy  of  his  record
from AFPC/PBR1 (Records Section), as directed in the  instructions  attached
to the Officer Preselection Brief  (OPB)  that  each  eligible  officer  for
promotion receives prior to CSBs.  Since it is the officer’s  responsibility
to ensure the accuracy of his record, DPPPO believes that had the  applicant
checked his OSR prior to the board, he would have noticed the DMSM  citation
and taken corrective action at that time to remove it.

DPPPO states the DMSM citation and the JSCM special order were filed in  the
applicant’s OSR on 14 October 2004.  As such, both decorations were on  file
in his OSR not only for his in-the-promotion-zone P0606A, but also  for  his
below-the-promotion-zone P0604A and P0605A Colonel CSBs.   Even  though  the
applicant states he took corrective action in October 2004  to  correct  the
error in the system, he does not provide any documentation  to  substantiate
he requested a copy of his  record  prior  to  the  board  or  attempted  to
contact a records clerk at AFPC prior to the board  for  a  records  review.
AFI 36-2501, paragraph 6.3., states “Do not have an SSB  if,  by  exercising
reasonable diligence, the  officer  should  have  discovered  the  error  or
omission and could  have  taken  corrective  action  before  the  originally
scheduled board convened.”

It is DPPPO’s opinion that the applicant did  not  exercise  reasonable  due
diligence in the maintenance of his record.

DPPPO states that on 31 January 2007, AFPC/PBR1 removed  the  DMSM  citation
from the applicant’s OSR.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  2
March 2007, for review and comment within 30 days.  As of  this  date,  this
office has received no response.

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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 the MFR, indicating his DMSM  was  not  updated  in  MilPDS,
contributed to his nonselection for  promotion  to  the  grade  of  colonel.
However, the applicant provides no evidence that he exercised due  diligence
in attempting to correct his own record, even after  receiving  his  Officer
Promotion Briefs for any of the three (P0606A, P0605A, and P0604A) Col  CSBs
that  his  records  met.   Additionally,  we  are  not  persuaded  that  the
inclusion of the MFR in his OSR 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.

_________________________________________________________________

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 May 2007, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Clarence R. Anderegg, Member
                       Ms. Mary C. Puckett, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-00054:

      Exhibit A.  DD Form 149, dated 4 Jan 07, w/atchs.
      Exhibit B.  Letter, AFPC/DPPPR, dated 23 Jan 07.
      Exhibit C.  Letter, AFPC/DPPPO, dated 20 Feb 07, w/atch.
      Exhibit D.  Letter, SAF/MRBC, dated 2 Mar 07.




                                                   JAMES W. RUSSELL, III
                                                   Panel Chair