RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-00601
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 SEPTEMBER 2008

___________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for a  Special  Selection  Board  (SSB)  for  promotion  to
captain.

___________________________________________________________

APPLICANT CONTENDS THAT:

Incorrect information  was  placed  in  his  Promotion  Recommendation  Form
(PRF).  In addition, he was not notified about the information  in  his  PRF
until 15 Dec 06 and was not allowed to submit an appeal  to  the  board  for
the incorrect information contained in his PRF.

In support of his request, the applicant provided a  personal  statement;  a
memorandum  from  the  374  AW/CC;  a  copy  of  AF  Form   709,   Promotion
Recommendation; AF Form 707B, Company Grade Officer Performance  Report  and
copies of his awards and decorations

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

___________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air  Force
on 29  Sep  03  and  was  progressively  promoted  to  the  grade  of  first
lieutenant.

On  25  Oct  2005,  the  applicant  received  a  letter  of  reprimand   for
destruction of personal property.  Consequently, his  commander  recommended
he not be selected for promotion to the grade of captain.

The applicant has one nonselection to the grade  of  captain  by  the  CYO6C
Captain Promotion Process on 30 Sep 2006.

___________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial. DPPPEP  states  to  effectively  challenge  a
PRF, the applicant is required to  obtain  senior  rater  and  head  of  the
management  level   support.    The   applicant   has   not   provided   any
information/support from the senior rater or the head  of  management  level
or provided any justification indicating the contents  of  his  PRF  are  in
error.  The applicant states he was  cleared  of  the  accusation;  however,
failed to provide official substantiation  from  the  Inspector  General  or
Military Equal Opportunity.  It appears the PRF was accomplished  in  direct
accordance with applicable regulations.  The applicant also  stated  he  was
unable to provide an appeal to his PRF in a timely fashion to the  selection
board when in fact the appeal should have been  sent  to  the  head  of  the
management level which is the promotion authority for promotion to  captain.
 Although the PRF may not be worded the way  the  applicant  would  like  to
describe his accomplishments, the Head  of  the  Management  level  had  the
entire   command   officer   selection   record   clearly   outlining    his
accomplishments since he came on active duty.  The  applicant  believes  his
duty performance was inaccurately reflected in his PRF.  The  applicant  was
involved in a destruction of property  related  incident,  a  point  not  in
contention, and this impropriety was appropriately  reflected  in  his  PRF.
DPPPEP understands the applicant's desire for the board to  direct  voidance
of the contested PRF because of the unfair  promotion  advantage.   However,
to remove the PRF  from  his  record  would  be  unfair  to  all  the  other
commissioned  officers  who  did  not   destroy   personal   property,   and
effectively  performed  their  duties  in  an  exemplary   manner.    DPPPEP
concludes removal of the contested report would make the applicant's  record
unfair and inaccurate.  In addition, DPPPO  finds  no  basis  to  grant  SSB
consideration.  However, DPPPO  supports  SSB  consideration  to  allow  the
applicant the opportunity to submit an appeal to the Head of the  Management
Level due to the Senior  Rater's  delay  in  notifying  him  of  a  "Do  Not
Promote" recommendation.

The complete DPPPEP evaluation is at Exhibit C.

___________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 May  2007
for review and response.  As of this date, no response has been received  by
this office (Exhibit D).

___________________________________________________________


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 error or injustice warranting consideration  for  promotion  to
the grade of captain by a SSB  for  the  CYO6C  Captain  Promotion  Process.
After reviewing the applicant's request and the recommendation  from  DPPPO,
the Board majority believes it is clear the applicant was not  afforded  the
opportunity to submit an appeal to  the  management  level  as  required  by
applicable Air Force instructions.   In  view  of  this  determination,  the
Board majority recommends SSB  consideration  to  allow  the  applicant  the
opportunity to submit an appeal to the Head of the Management Level  due  to
the  Senior  Rater's  delay  in  notifying  him  of  a  "Do   Not   Promote"
recommendation.  Therefore, the Board majority recommends that  his  records
be corrected to the extent indicated below.

___________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to XXXXXXX, be corrected to show that should  he  submit  a  letter  to  the
Special Selection Board President, his record be  considered  for  promotion
to the grade  of  captain  by  a  Special  Selection  Board  for  the  CYO6C
Promotion Process.

___________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00601 in Executive Session on 13 June 2007, under the provisions of AFI  36-
2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Barbara R. Murray, Member

By majority vote, the Board voted to correct the  records,  as  recommended.
Ms Murray voted to deny applicant's request but did not desire to  submit  a
minority report.







The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-00601 was considered:


    Exhibit A.  DD Form 149, dated 21 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 24 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

AFBCMR  BC-2007-00601




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 be corrected to show that should  he  submit  a
letter to the Special Selection Board President, his  record  be  considered
for promotion to the grade of captain by a Special Selection Board  for  the
CYO6C Promotion Process.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency