RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00492
            INDEX CODE:  131.01
            COUNSEL:  NONE
            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  21 AUGUST 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Selection Board  (SSB)  for  the  CY06B  Major
Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His nonselection to major was  unjust  because  he  received  a  “definitely
promote” and his record reflects strong stratification.   In  addition,  his
record shows technical expertise in  several  areas  of  his  career  field,
broad  experience  in  both  deployed  and  in-garrison  operations,  strong
leadership qualities, and a soon-to-be completed Master’s  degree  from  the
Air Force Institute of Technology (AFIT).  Based  on  a  review  by  several
senior officers, the consensus appears to be that he was  not  selected  for
promotion solely due to his established Date of  Separation  (DOS)  (15  Sep
07).  As a result of his non-selection, his record will not  meet  the  next
major selection board scheduled for 10 Sep 07 since his DOS  of  15  Sep  07
falls within 90 days of the board date.  His DOS was  established  following
his acceptance into the Voluntary Separation Program  (VSP).   However,  his
decision to apply for the VSP was  completed  with  the  understanding  that
acceptance into the program would  not  adversely  impact  his  chances  for
promotion.  Since submitting his VSP application,  he  believes  he  made  a
mistake in applying for the VSP and is not ready to terminate his career  as
an Air Force officer.  It is his hope that SSB  consideration  will  rectify
this mistake.  If selected, he fully intends to pull his VSP  paperwork  and
continue on active duty.

In support of his request, applicant provides a personal statement,  a  copy
of the  VSP  Frequently  Asked  Questions  document  with  the  announcement
message.  The applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________




STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates the
applicant’s Total Active Federal Military Service Date as 1  January  1999.
He is currently serving on active duty in the grade of captain, with a date
of rank and effective date of 24 December 2002.

The  applicant’s  OSB  contains  AF  Forms  707B,  Company  Grade   Officer
Performance Reports, beginning with the rating period 1  January  2000  and
ending 31 December 2004 with overall ratings of “Meets Standards,”  and  an
AF Form 475, Education/Training  Records,  documenting  his  completion  of
Squadron Officer School (Resident Course). In addition, the applicant’s OSB
contains a Joint Service Commendation Medal;  two  Air  Force  Commendation
Medals and three Air Force Achievement Medals.

The applicant has one nonselection to the grade of major by the  CY06B  (11
Sep 06) Major CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO  states  that  Board  members  are  not
instructed, nor is there a policy that promotions should be considered  only
for those remaining in the service.  The fact  that  officers  are  selected
every board with a date of separation reflected in their OSB is  proof  that
eligible officers are looked at without prejudice or  partiality.   Eligible
officers meeting a board have the option to submit a  letter  to  the  board
president addressing any matter of record concerning  themselves  that  they
believe is important to their consideration for  promotion.   The  applicant
did not exercise this entitlement.  The AFPC/DPPPO  complete  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that if he is permitted to meet  the  next  SSB,  he  fully
intends to include a letter stating  his  intentions  to  withdraw  his  VSP
application if selected for promotion and continue on active duty.   Had  he
known that his VSP application would be processed  prior  to  the  promotion
board, he would have submitted a  letter  at  that  time.   The  applicant’s
complete letter, 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 injustice warranting  consideration  for  promotion  to  the
grade of major by a Special Selection Board (SSB).  After a thorough  review
of the evidence presented,  the  Board  majority  believes  the  possibility
exists  that  the  applicant  may  have  been  disadvantaged  due   to   the
established date of separation (DOS) which potentially could have  detracted
from the overall evaluation of his record.   The  applicant  indicates  that
based on the information available to him, he submitted his VSP  application
in a manner so  that  it  would  be  completed  after  his  selection  board
convened so the DOS would not be reflected  in  his  record.   However,  the
application  was  expeditiously  processed  and  his  DOS   was   reflected.
Applicant states had he known better, he would have  prepared  a  letter  to
the selection board  President  stating  his  intent  to  withdraw  his  VSP
application if selected.  The Board majority believes that in  all  fairness
to the applicant, he should be provided an opportunity to  do  so.   Whether
his Date of Separation (DOS)  was  sufficiently  significant  to  alter  the
results of the CY06B selection board is a question the Board  is  unable  to
answer.  Nevertheless, to resolve any potential injustice to  the  applicant
the Board majority  believes  that  any  doubt  in  this  matter  should  be
resolved in his favor.  Therefore the majority of the board  recommends  the
applicant be considered for promotion to the grade of  major  by  a  Special
Selection Board for the Calendar Year 2006B Major Central  Selection  Board,
with inclusion of a letter to the board President addressing his DOS.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

       a.  Should  he  submit  a  letter  to  the  Special  Selection  Board
President, his record be considered for promotion to the grade of  major  by
a Special Selection Board for the CY06B Major Central Selection Board.

      b.  As an exception to policy, the date of separation  established  as
a result of  his  acceptance  into  the  Voluntary  Separation  Program  was
established as 31 December 2007 vice 15 September 2007.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00492
in Executive Session on 8 May 2007 under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Garry G. Sauner, Member
            Ms. Kathleen B. O’Sullivan, Member

By a majority vote, the Board recommended approval of the application.   Mr.
Sauner voted to deny the applicant’s request and elected  not  to  submit  a
minority report.  The following documentary evidence  pertaining  to  Docket
Number BC-2007-00492 was considered:

    Exhibit A.  DD Form 149, dated 11 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 23 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 07.
    Exhibit E.  Letter, Applicant, dated 30 Apr 07, w/atchs.





                                   CHARLENE M. BRADLEY
                                   Panel Chair
AFBCMR BC-2007-00492




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 xxxxxxxxxxxxxxx, be corrected to show that:

            a.  Should he submit a letter to the Special Selection Board
President, his record be considered for promotion to the grade of major by
a Special Selection Board for the CY06B Major Central Selection Board.

            b.  As an exception to policy, the date of separation
established as a result of his acceptance into the Voluntary Separation
Program was established as 31 December 2007 vice 15 September 2007.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency