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AF | BCMR | CY2007 | BC-2007-02357
Original file (BC-2007-02357.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02357
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to meet Special Selection Boards  (SSBs)  for  reconsideration
of his non-selection to Colonel (0-6) by the  Below-the-Primary  Zone  (BPZ)
CY06A and CY07A promotion boards.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force has a policy of including post-September 11, 2001,  deployment
history on the Air Force Officer Preselection Brief (OPB) and not  including
pre-September 11, 2001 deployment history.   He  believes  this  policy  may
have inadvertently and unjustly penalized him  by  making  his  record  look
like he never deployed.  He has deployed  overseas  many  times  during  his
career, including three operations where  he  flew  B-1  Bombers  in  combat
missions.  However, his OPB deployment  history  is  blank  which  may  have
given the promotion boards the impression that he  has  never  deployed  and
potentially hurt his overall promotion score.

In  support  of  the  application,  the  applicant  submits   his   personal
statement, his OPB, the CY06A Promotion Recommendation Form (PRF), the  CY07
PRF, his letters to the CY06A and CY07A Promotion Boards.

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

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is a lieutenant colonel with a date  of  rank  of  1
Apr 04.  He is currently assigned as a student attending  Air  War  College.
He has two non-selections BTZ for promotion to the grade of colonel  by  the
CY06A (15 May 06) (P0606A)  and  the  CY07A  (9  Apr  07)  (P0607A)  Colonel
Central  Selection  Boards  (CSBs)  with  inclusion  of  a  letter  to  each
applicable board.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOO found no evidence to show that the  applicant's  not  selected
for BPZ promotion to colonel by the P0606A and P0607A boards were  a  result
of a material error or injustice.

DPSOO states Military Personnel Flight Memorandums (MPFMs) sent to  eligible
officers meeting the P0606A and  P0607A  boards  and  attached  instructions
specifically stated that only completed deployments of 45 days or  more  and
with a start date of 11 Sep 01 or  later  will  be  displayed  on  the  OSB.
DPSOO declares had the applicant carefully read  the  memorandums  he  would
have  seen  the  criteria  for  deployment  history  and  noted   that   his
deployments did not fall within these guidelines.  At that  time,  he  could
have written  a  letter  to  the  board  regarding  his  deployment  history
concerns.  The time to submit a letter to the board is  prior  to  convening
of the original boards, not after his nonselection for promotion.

The complete DPSSO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 16 Oct 07, the applicant states the MPFMs led  him  to
believe that information pertaining to his deployments prior to  11  Sep  01
would be readily available to the boards  as  any  other  deployments.   His
assumption was incorrect because people who deployed after  11  Sep  01  had
their deployment history listed on their Officer Selection  Brief  (OSB)  as
part of their promotion folders which were given to board  members,  whereas
MilPDS documents listing TDY history were not.  It was not until  the  CY06A
board that he realized the absence of deployment history on  the  OSB  might
cause promotion board members to question his deployment  history.   Had  he
been better educated on the promotion process before either of  his  colonel
promotion boards, he would have certainly written a letter to  make  certain
the promotion boards were aware of his actual deployment history.

The applicant's complete response 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.   The  applicant's  contentions  were  duly
noted; however, we  found  no  evidence  which  would  persuade  us  of  the
existence of an  error  in  the  OSBs  prepared  for  the  CY06A  and  CY07A
selection boards nor are we persuaded by his assertions  that  he  has  been
the victim of an injustice.  We found no evidence which  would  lead  us  to
believe that the OSBs were prepared contrary to the provisions of Air  Force
policy or that he was placed in a position different  than  other  similarly
situated individuals.  Further,  a  review  of  his  complete  OSR  contents
reveals that  there  was  evidence  of  his  deployments  available  to  the
promotion boards as indicated in his Officer  Performance  Reports  rendered
prior to September 11, 2001.  Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
its rationale as the basis for the conclusion that the applicant has  failed
to sustain his burden of proof of  the  existence  of  either  an  error  or
injustice.  Based on the foregoing, we find no basis to  recommend  granting
the relief sought in this application.

_________________________________________________________________

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 21 Dec 07 under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Audrey Y. Davis, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered in AFBCMR BC-2007-02357:

    Exhibit A.  DD Form 149, dated 20 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOO dated 20 Sep 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.
    Exhibit E.  Letter, Applicant, dated 16 Oct 07.



                                   CHARLENE M. BRADLEY
                                   Panel Chair

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