RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00840
            INDEX CODE:  102.07
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of lieutenant colonel  be  corrected  to
show he was promoted In-the-Primary Zone (IPZ) by his original IPZ board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In November 2004, the Secretary  of  the  Air  Force  (SAF)  documented  the
existence of an error/injustice in  his  record  which  prevented  him  from
meeting his original IPZ lieutenant colonel board along with his peers.  The
SAF corrected his record and then ordered that he meet  a  later  lieutenant
colonel board as an IPZ. In November 2006, he met the CY06C board as an  IPZ
and was selected for promotion to lieutenant colonel. However, his  DOR  was
not corrected retroactively to compensate for and fully  erase  the  effects
of the original error/injustice. As such, he respectfully requests  his  DOR
for his IPZ promotion to lieutenant colonel  be  corrected  to  reflect  his
original IPZ date had the original error/injustice not occurred.

He is unable on his own to correct  and  fully  erase  the  effects  of  the
original error or injustice documented by  the  SAF  in  November  2004.  As
such, he respectfully asks the Air Force Board of Military Records  (AFBCMR)
to correct his DOR to reflect his original IPZ date had the  original  error
or injustice not occurred.

In support of this application, applicant  provided  a  personal  statement,
letter from AFPC/DPPPOC, and AFBCMR Directive BC-2005-03010.

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

_________________________________________________________________





STATEMENT OF FACTS:

Applicant is currently serving on active duty in  the  grade  of  lieutenant
colonel.  The  applicant  met  the  CY06C  lieutenant  colonel  board  which
convened on  28  November  2006.  He  was  selected  for  promotion  and  is
projected to pin-on lieutenant colonel      1 October 2007.

The applicant met the 26 September 2005 Special Selection Board (SSB)  which
considered him for promotion by the  CY00B  Major  Central  Selection  Board
(CSB). The SSB was granted  based  on  the  removal  of  all  documents  and
references to a Letter of Reprimand (LOR) issued to him on 2 June 2000;  the
removal of an Officer Performance Report (OPR) for the period 14  June  1999
through     13 June  2000;  the  removal  of  a  letter  to  the  board  and
correction  of  his  CY00B  major  promotion  recommendation   form   (PRF).
Applicant was selected for  promotion  to  major  by  SSB  with  a  DOR  and
effective date of 1 May 2001.

Based on his DOR to major of 1 May 2001, applicant would have been  eligible
to meet the CY05A lieutenant colonel CSB, which convened 6 July 2005  as  an
IPZ eligible. Since the results  of  the  SSB  were  not  approved  until  4
November 2005 and not Senate confirmed until  18  November  2005,  applicant
did not meet the CY05A lieutenant colonel CSB. Had he met and been  selected
for promotion by the CY05A lieutenant colonel CSB, his DOR as  a  lieutenant
colonel would have been 1 May 2006.

The applicant met the CY06A lieutenant colonel  CSB  which  convened  on  13
March 2006 as an IPZ eligible. Per AFBCMR BC-2005-03010 Directive  dated  14
February 2006, any nonselections for promotion to the  grade  of  lieutenant
colonel in the primary zone before receiving a  minimum  of  two  additional
OPRs with at least 250 days supervision, in the grade of major, were  to  be
set aside. Applicant was nonselected by this board and his nonselection  was
voided.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and stated there is  no  evidence  to  suggest
the applicant would have been a selectee by  the  CY05A  lieutenant  colonel
CSB. The applicant’s situation and  competitiveness  for  promotion  are  no
different than many other officers who  are  promoted  off  an  SSB  with  a
retroactive backdated DOR and miss their promotion  board.  Given  the  fact
the applicant was able to compete IPZ after his first nonselection  provided
him the time necessary to be competitive and  earn  a  “Definitely  Promote”
(DP) recommendation. Additionally, changing the applicant’s DOR  retroactive
back to 1 May 2006 could harm his promotion consideration to  colonel.  With
a DOR of 1 May 2006, he would be eligible  for  colonel  IPZ  in  CY11,  two
years  earlier  than  his   current   eligibility   and   may   affect   his
competitiveness for promotion.

No additional relevant  evidence  has  been  presented  to  demonstrate  the
existence of a  probable  error  or  injustice.  Further,  to  grant  direct
promotion  would  be  unfair  to  all  other  officers  who  have  extremely
competitive records and also did not get promoted. We do not support  direct
promotion.

AFPC/DPPPO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 2007, the applicant  requested  his  application  be  temporarily
closed. On 21 September 2007, the applicant  requested  his  application  be
reactivated  (See  Exhibit  E).   The  applicant  reviewed  the  Air   Force
evaluation and states the advisory writer’s fall back  position  is  fraught
with more potential problems  and  injustice.  Unless  his  corrected  CY06C
lieutenant colonel CSB “as met board” record is used for an  SSB,  it  would
be impossible/unjust to recreate a record without circumventing  the  relief
provided by the Secretary of  the  Air  Force  stemming  from  the  original
error/injustice.

For the foregoing reasons and the reasons set forth in his AFBCMR  petition,
the Board should correct his DOR to reflect his original IPZ  date  had  the
original error/injustice not occurred.  This  is  the  last  step  to  fully
correct injustice’s affect on his IPZ promotion to lieutenant colonel.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________

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.  After  reviewing  the  evidence  of
record, we are not persuaded that the applicant’s records are  in  error  or
unjust.  The applicant’s contentions are noted;  however,  in  our  opinion,
the detailed comments provided by the Air  Force  Directorate  of  Personnel
Programs Management adequately addressed those  allegations.  Therefore,  we
agree with its opinion and recommendation and adopt  its  rationale  as  the
basis for our conclusion that the applicant

has not been the victim of an error  or  injustice.  Therefore,  we  believe
that the  corrective  action  previously  rendered  has  provided  full  and
fitting relief.

_________________________________________________________________

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  Docket  Number  BC-2007-00840
in Executive Session on 28 November 2007, under the provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member



The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-000840:

      Exhibit A. DD Form 149, dated 14 Mar 07, w/atch.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter AFPC/DPPPO, dated 4 May 07.
      Exhibit D. Letter, SAF/MRBC, dated 18 May 07.
      Exhibit E. Applicant’s Reactivation Letter, 21 Sep 07.
      Exhibit F. Applicant’s Response, 21 Sep 07.





      CHARLENE M. BRADLEY
                                             Panel Chair