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AF | BCMR | CY2007 | BC-2007-00212
Original file (BC-2007-00212.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00212
            INDEX CODE:      107.00, 131.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 JUL 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.     Documentation  be  added  as  proof  that  his  Joint   Service
Achievement Medal (JSAM), Air Force Achievement Medal (AFAM)  and  his
Joint  Service  Commendation  Medal  (JSCM)  were  missing  from   his
promotion record.

2.    He be considered by a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  JSAM,  AFAM  and  JSCM  were  noted  in  his  records;   however,
corresponding documentation was missing,  which  may  have  created  a
negative  effect  on  the  Board’s  perception  of  his  fitness   for
promotion.  He states he provided the appropriate documentation to the
Personnelist assigned to his unit before his promotion  recommendation
was submitted to the board.  He states there  is  no  reason  for  the
awards not to have made it into his  record.   If  he  had  known  his
records were incomplete, he would  have  taken  steps  to  ensure  his
records were complete.

In support of his  request,  the  applicant  provided  copies  of  the
citation for the JSAM and JSCM, an order for his  AFAM  and  a  signed
copy of the JSCM.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Military Personnel  Data  System  reflect  the
applicant entered the service on 30 Dec 97 and has been  progressively
promoted to the grade of Captain on 9 Jun 02.  The applicant  met  the
CY06B (11 Sep 06) (P0406B) Central  Selection  Board  in-the-promotion
zone but was not selected.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/PB recommends AFPC/DPPPO comment on the applicant’s  request  for
an SSB.  PB states his Office Selection Brief (OSB)  reviewed  by  the
board members  listed  the  three  decorations  to  which  he  refers.
However,  the  Secretariat  Staff  did  not  have  possession  of  the
citations or decoration orders and could not file them in his  Officer
Selection  Record  (OSR).   The  Secretariat  Staff  filed  the   only
decoration-related item they possessed, the certificate for the  JSCM.
In extreme cases, when the serving Military Personnel Flight (MPF)  or
the individual cannot produce a citation or decoration order,  PB  has
accepted and filed decoration certificates in the OSR.   This  process
provides the promotion board members an opportunity  to  consider  the
decoration.  While the promotion board members  might  have  benefited
from reviewing  the  specific  accomplishments  of  the  applicant  as
captured in the citation, the promotion board members had an awareness
of his decorations since they appeared on the OSB.  As  for  documents
provided by the applicant in his application for  correction,  PB  has
taken steps to update and install the documents provided to ensure the
accuracy  of  his  record.   Although   he   indicates   he   provided
documentation to a squadron representative for processing, PB  has  no
evidence in their  records  indicating  the  decoration  documents  in
question were forwarded or  received  by  the  Secretariat  Staff  for
updating or processing.  In reviewing his application, he provided  no
supporting documentation  or  statements  from  the  squadron  or  MPF
personnel validating the fact the applicant  had,  in  fact,  provided
copies of the missing citations.  Additionally, PB states in a  review
of their records, they found no evidence that he requested a  copy  of
his record prior to  the  promotion  board  convening.   This  review,
authorized and encouraged in the officer’s pre-selection brief, allows
an opportunity to check the accuracy  of  their  records.   PB  states
their records indicate he only requested and received an “As Met” copy
but does not appear to have reviewed his record prior to the board.

The complete PB evaluation is attached at Exhibit B.

AFPC/DPPPO recommends denial.  DPPPO states after a careful review  of
the applicant’s record and advisory from AFPC/PB,  the  applicant  has
not demonstrated he exercised reasonable diligence in maintaining  his
record.  As such, DPPPO stands by AFI 36-2501, Officer Promotions  and
Selective Continuation, paragraph 6.3.3., which 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.”

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

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant perceived the  advisory  opinion  assaults  his  integrity  and
desire.  He did not realize he needed written statements from everyone in
the process and assumed his integrity  as  an  Air  Force  officer  would
suffice.  He states his Officer Performance Report (OPR)  did  not  close
out until 10 Jul 2006 and the OPR did not  get  into  his  records  until
24 Aug 06 (only 18 days before the board was to  convene).  Subsequently,
there was no way he could have reviewed and corrected  the  full  record.
While it is true he would have  noticed  the  missing  citations  had  he
requested his record before his OPR was  included;  however,  he  saw  no
reason to request the record  because  he  knew  his  OPR  and  Promotion
Recommendation Form (PRF) were not in his records yet.  Instead of making
multiple requests, he was waiting until all  documentation  was  complete
before requesting a copy of the record.  On 29 Aug 06,  he  verified  his
OPR had made it in his records and immediately requested a  copy  of  his
PRF.  Since he only received the PRF, he  did  not  have  access  to  the
entire file so he was unaware  his  citations  were  missing.   He  takes
responsibility for his failures in the process but states he did not have
prior  mentorship.   In  addition,  based  on  numerous  reviews  of  his
promotion record with AFPC/DPPPO  and  three  lieutenant  colonels,  each
indicated, the missing citation did not help him and could have led to  a
negative perception of him.  Finally, he states he  exercised  reasonable
diligence in attempting to maintain  his  record,  but  his  inexperience
coupled with the poor timing of his OPR's arrival into his record led  to
him being passed over for promotion.  He asks the board to grant him  SSB
consideration as a matter of fairness  so  that  his  full  and  complete
record can be considered regarding his fitness for promotion.

The complete response, with attachments, 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.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of  an  error  or  injustice.   Notwithstanding  the  disparity
between the applicant and  the  Air  Force  as  to  whether  or  not  the
applicant exercised due diligence in ensuring his  records  were  correct
and up to date, it is our opinion that  because  the  citations  for  the
decorations under review were not in his selection record, his record was
inaccurate when considered by the  CY06B  selection  board.   The  awards
covered a period of over five years and the narratives in  the  citations
relate to the specific achievements and accomplishments during that  time
period.  Whether this information was sufficiently significant  to  alter
the results of the selection board, we are unable to answer based on  the
evidence  presented.   Nevertheless,  we  believe   the   applicant   was
improperly disadvantaged  because  of  the  absence  of  documents  which
contained information the selection board  members  may  have  considered
significant.  Accordingly, in order  to  resolve  any  injustice  to  the
applicant, we Board believes that any doubt  in  this  matter  should  be
resolved in his favor and that the record  should  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT, to include the Joint  Service  Achievement  Medal,
for the period 16 July 1998 to 21 June 2000; Air Force Achievement  Medal
for the period of 26 June 2000 to 15 August 2003; and his  Joint  Service
Commendation Medal for the period of 29 November 2002 to 23 May 2003,  be
considered for promotion to the grade of major by Special Selection Board
for the CY06B Major Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number  BC-
2007-00212 in Executive Session on 25 April 07, under the  provisions  of
AFI 36-2603:


                 Ms. Charlene M. Bradley, Panel Chair
            Mr. Wallace F. Beard Jr., Member
            Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 07, w/atchs.
    Exhibit B.  HQ AFPC/PB, dated 22 Feb 06.
    Exhibit C.  HQ AFPC/DPPPO, dated 1 Mar 07.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 07.
    Exhibit E.  Letter, Applicant, dated 30 Mar 07, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary


AFBCMR BC-2007-00212




MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the  authority
of Section 1552, Title 10, United States Code (70A  Stat  116),  it  is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, to include the Joint Service
Achievement Medal, for the period 16 July 1998 to 21 June 2000; Air
Force Achievement Medal for the period of 26 June 2000 to 15  August
2003; and his Joint Service Commendation Medal for the period of 29
November 2002 to 23 May 2003, be considered for promotion to the
grade of major by Special Selection Board for the CY06B Major
Central Selection Board.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency

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