RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02164
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be resubmitted to the Student Management Level  Review
(MLR) for another review.

2.  He receive Special Selection  Board  (SSB)  consideration  by  the
Calendar Year 2006C (CY06C) Lieutenant Colonel Central Selection Board
(CSB) with the inclusion of his training report (TR)  for  the  period
3 Jan 06 through 12 Oct 06 in his Officer Selection Record (OSR).   He
also requests his duty title in the Assignment History Section on  his
Officer Selection Brief (OSB) be corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Distinguished Graduate (DG) TR from the Defense Language Institute
(DLI) was missing and his duty title was incorrect on his OSB.

In support of his request, the applicant provided a  copy  of  his  AF
Form 899, Request and Authorization for Permanent Change of Station  -
Military, a copy of his AF IMT 475,  Educational  Training  Report,  a
copy of his OSB and copies of his officer performance reports (OPRs).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active  duty  in  the  grade  of
major.

He was considered and not selected for  promotion  for  the  grade  of
lieutenant colonel by the CY06C and CY07B lieutenant colonel CSBs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP provided no  recommendation  on  this  request.   DPSIDEP
states his TR for the period  3  Jan  06  through  12 Oct 06  was  not
eligible to meet the Student MLR because his report closed out in  Oct
06 and the Board convened in Jul 06.  However, his  records  did  meet
the 28 Aug  07  Supplemental  Student  MLR  with  the  corrected  Duty
Qualification and History Brief (DQHB).  The MLR, after reviewing  his
request recommended that  his  promotion  recommendation  remain  "P."
AFPC/DPSIDEP's complete evaluation, with attachments, is at Exhibit C.

AFPC/DPPPO recommends the requested relief be  denied.   AFI  36-2406,
paragraph 6.5.1.3, Officer and Enlisted Evaluation System, states that
TRs on extended active duty (EAD) officers are due at HQ AFPC no later
than 60 days following the closeout of the report.  His TR that closed
out on 12 Oct 06 was not required to be on file until 12 Dec 06.

DPPPO noted some handwritten corrections on the OSB he  provided.   He
was sent an e-mail requesting clarification.  He responded that he was
Intermediate Developmental  Education  (IDE)  designee  for  the  2007
school year (his OSB  reflects  SELECT  2008);  his  duty  title  "DLI
Student" should have been on  the  Duty  Qualification  History  Brief
(DQHB) that was considered by the Student MLR Board  in  Jul  06;  his
duty title "IDE Student" was missing from his OSB that met  the  CY06C
CSB, and the 5 Sep 98 duty title  is  an  extra  duty  title  that  he
believes was unnecessary.

The Force Development Division verified he was identified  as  an  IDE
designee during the 2004 Development Education Designation Board.   As
an IDE designee,  his  CY06C  OSB  should  have  reflected  "INTDV  ED
DESIGNEE 2007" to indicate the applicant was currently enrolled in  an
approved IDE in-resident developmental education program.

Eligible officers meeting CSBs receive an Officer  Preselection  Brief
(OPB) several months prior to the selection board.  The  OPB  contains
the same data that will appear  on  the  OSB  at  the  central  board.
Written instructions attached to  the  OPB  instruct  the  officer  to
carefully examine his brief for completeness  and  accuracy.   If  any
errors are found, the officer must take corrective action prior to the
SSB, not after it.  The instruction further states officers  will  not
be considered by an SSB if, in exercising  reasonable  diligence,  the
officer should have discovered the error or omission in their  records
and  could  have  taken  timely  corrective  action.   Although,   the
Logistics Officer Assignments Branch stated  his  current  duty  title
was updated in the military personnel data system, he has not provided
any documentation showing that action was taken prior to the convening
of the  board  to  correct  the  Assignment  History  and  Development
Education data on his OSB.

In addition, eligible officers meeting a  board  have  the  option  to
submit a letter to the board president addressing any matter of record
concerning  themselves  that  they  believe  is  important  to   their
consideration for promotion.  He could have written a  letter  to  the
board members prior to the convening of the board to  inform  them  of
his DG status from the DLI and the incorrect data on the OSB.

AFPC/DPPPO's complete evaluation, with attachments, is Exhibit at D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
8 Feb 08, for review and response within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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 warranting additional review
by the MLR or promotion consideration by an SSB.  In this respect,  we
agree with the assessment that the TR in question closed out after the
MLR and was not required to be on file for consideration by the  CY06C
selection board; therefore, the applicant's  record  as  presented  to
both boards, was not in error.  The applicant also contends  that  the
Assignment History section of his OSB was in error  when  reviewed  by
the selection board.  However, as pointed out by the Air Force  office
of primary responsibility, no evidence has been provided  which  shows
the applicant exercised reasonable diligence in  ensuring  his  record
was accurate prior to consideration  for  promotion,  as  it  was  his
responsibility to do so.  Additionally, we are not  persuaded  by  his
assertions that the disparity with the assignment history was the sole
cause of his nonselection for promotion or that it negatively impacted
the selection board members.  Therefore, we agree  with  the  opinions
and recommendations of the Air Force offices of primary responsibility
and adopt their rationale as the basis for our conclusion that he  has
failed to sustain his burden of proof of the existence  of  either  an
error or an injustice warranting corrective action.

_________________________________________________________________

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-
2007-02164 in Executive Session on 8 Apr 08, under the  provisions  of
AFI 36-2603:

                       Ms. Rita S. Looney, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Jun 07, w/atch.
      Exhibit B. Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDEP, dated 16 Jan 08, w/atchs.
      Exhibit D. Letter, AFPC/DPPPO, dated 25 Jan 08.
      Exhibit E. Letter, SAF/MRBR, dated 8 Feb 08.





                 RITA S. LOONEY
                 Panel Chair