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AF | BCMR | CY2007 | BC-2007-00970
Original file (BC-2007-00970.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00970
            INDEX CODE:  131.00

      XXXXXXXXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  30 SEP 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) be corrected  to  reflect  “Joint
Specialty Officer (JSO)” in the Joint Reporting Category (JRC)  and
his corrected record be considered by Special Selection Board (SSB)
by the CY06C  (28  Nov  06)  (P0506C)  Lieutenant  Colonel  Central
Selection Board (CSB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The JRC on his OSB had no entry despite the fact that he was a JSO.
 His officer preselection brief (OPB)  reflected  his  JSO  status,
however, six days prior to the board he noticed  that  it  was  not
reflected on the OSB meeting the P0506C CSB.

In support of his appeal, applicant submitted a  copy  of  his  OSB
that met the P0506C Lt Col’s board;  officer  Surf,  AFPC/DPPPO  07
National Defense Authorization Act (NDAA) JRC policy change letter;
OPB, dated 11 Jul 06, w/correct JRC; OPB, dated 20 Nov 06,  w/blank
JRC, and other supporting documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the grade of major,  with  an
effective date and date of rank of 1 Apr 01, and a  duty  title  of
Chief of Safety, effective 1 Mar 06.

Applicant was considered and nonselected by the CY05A,  CY06A,  and
CY06C Lieutenant Colonel Central Selection Boards.

Applicant's  OPR  profile  for  the  last  five  reporting  periods
follows:

      PERIOD ENDING    OVERALL EVALUATION

      03 Dec 03  Meet Standards (MS)
      14 Jun 04  MS
      19 May 05  MS
      13 Dec 05  MS
      13 Dec 06  MS

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this application and recommended denial.

HQ AFPC/DPAPB, Deputy, PCS Budget/Asgn Analysis Section, provided a
memorandum stating  that just prior to the start of the P0506C  CSB
the portion of the NDAA  2007  which  deleted  JSO  as  a  separate
category for meeting promotion objectives took effect on 17 Oct 06.
 Based on this information, all OSBs were  changed  to  delete  JSO
from the JRC for anyone meeting the 28 Nov 06  P0506C  CSB.   As  a
result of this change, HQ AFPC/DPSOO sent an email on 20 Nov 06  to
all MSS Commanders and Officer Promotion telling them that all OPBs
were reflowed and to forward these OPBs to individuals meeting  the
P0506C CSB.

HQ  AFPC/DPPPO’s  complete  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 4 May 07 for review and comment within  30  days.   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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.   However,  after  a  thorough  review  of  the   facts   and
circumstances  surrounding  the  applicant’s  case,  we  found   no
evidence the applicant’s officer selection record before or at  the
time of consideration was contrary to the  governing  policies  and
laws in effect at the time.  The Air  Force  Personnel  Center  has
addressed the issues presented by  the  applicant  and  we  are  in
agreement with its opinion and recommendation.  Therefore, we adopt
the rationale expressed as the basis  for  our  decision  that  the
applicant has failed to sustain his burden of establishing that  he
has suffered either an error  or  injustice.   In  the  absence  of
evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

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  issue   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 AFBCMR Docket  Number
BC-2007-00970 in Executive Session  on  26  June  2007,  under  the
provisions of AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Vice Chair
      Mr. Jeffery R. Shelton, Member
      Ms. Dee R. Reardon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 26 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair

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