RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2007-03146
INDEX CODE: 131.01
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 April 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be considered by Special Selection Board (SSB) by the Calendar
Year 2007A (CY07A) (11 June 2007) (L0407A) Reduction in Force (RIF) Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed Air Command and Staff College (ACSC) via correspondence and it
was not reflected on his Officer Selection Brief (OSB).
In support of his application, the applicant provides a copy of his OSB.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel Data System (MilPDS), the applicant is
currently serving on active duty in the grade of major effective and with a
date of rank of 1 September 2005. He has a Total Active Federal Military
Service Date and Total Active Federal Commissioned Service Date of 31 May
1995. The following is a resume of the applicant’s performance ratings:
PERIOD ENDING OVERALL EVALUATION
30 May 96 (2nd Lt) MS
30 May 97 (1st Lt) MS
1 Apr 98 MS
1 Apr 99 MS
1 Apr 00 (Capt) MS
27 Mar 01 MS
27 Mar 02 MS
24 Jan 03 MS
1 Aug 03 MS
1 Aug 04 MS
22 Jun 05 MS
22 Jun 06 (Major) MS
22 Jun 07 MS
The applicant met and was nonselected for retention by the CY07A RIF board
which convened on 11 June 2007.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denying the applicant’s request for SSB
consideration. DPSOO states the applicant contends he was not able to take
his final test for ACSC until 13 June 2007 due to scheduling availability
and the information wasn’t updated in MilPDS until 15 June 2007. The
deadline for record/system updates for the L0407A board was 11 June 2007.
As such, his record was technically correct when it met the board. Having
said that, and given the applicant knew he would not meet the deadline to
get information updated, he could have exercised his right to write a
letter to the board. Eligible officers meeting the board are given
instructions prior to the board to carefully examine their record for
completeness and accuracy. These instructions also inform the officer that
they may correspond by letter to the board president to call attention to
any matter of record that they believe is important to their consideration.
The applicant could have used this means to inform the board president of
the scheduling issues, and the date he would have ACSC completed. However,
the applicant elected not to exercise this entitlement.
The DPPPEP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was not provided with any instructions on how the
RIF board would be conducted or that he could have submitted a letter
notifying the board he completed ACSC by correspondence. When he
successfully completed all the ACSC requirements via correspondence, he
assumed the system would reflect completion and the information be provided
to the RIF board and its members.
The applicant’s rebuttal is at 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 an error or an injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling 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 8 November 2007, under the provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Terri G. Spoutz, Member
The following documentary evidence for AFBCMR Docket Number
BC-2007-03146 was considered:
Exhibit A. DD Form 149, dated 1 Oct 07, w/atchs.
Exhibit B. Letter, AFPC/DPSSO, dated 11 Oct 07.
Exhibit C. Letter, SAF/MRBR, dated 12 Oct 07.
Exhibit D. Applicant’s Rebuttal, dated 7 Nov 07.
LAURENCE M. GRONER
Panel Chair
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