RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02732

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for  consideration  by  the
Calendar Year 2007A  (CY07A)  Colonel  Line  Central  Selection  Board
(CSB), be  corrected  to  reflect  his  duty  organization  as  “Joint
Unmanned Aircraft System Center of Excellence (JUAS  COE),"  effective
17 Jul 06, and award of the Air Force  Achievement  Medal,  First  Oak
Leaf Cluster (AFAM, 1OLC).

His record, to include the corrected OSB, be considered for  promotion
to the grade of colonel by a Special Selection  Board  (SSB)  for  the
CY07A Colonel Line CSB.

By amendment, his record, to include the corrected OSB and his correct
AF Form 475, Education/Training Report, rendered for the period 18 Oct
04 through 16 Feb 05, be considered for  promotion  to  the  grade  of
colonel by an SSB for the CY07A Colonel Line CSB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His duty organization was listed incorrectly  as  “JCAD  COE”  on  the
CY07A OSB,

The AFAM, 1OLC was not reflected on the  OSB,  nor  was  the  citation
included in his Officer Selection Record (OSR).

In support of his appeal, the applicant provides a copy of  the  CY07A
OSB and documentation pertaining to  the  AFAM  (1OLC)  and  his  duty
organization.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
indicates that the applicant is currently serving on  active  duty  in
the grade of lieutenant colonel, with a date of rank of 1 Jul 02.  His
Total Active Federal Military Service Date (TAFMSD) is 28 May 86.

On 6 Nov 97, the Evaluation Reports Appeal Board (ERAB) corrected  the
period of the AF Form 475 to reflect  18  Oct  04  through  16 Feb 05.
However, the ERAB denied his request for SSB consideration.

By Special Order, dated 12 Dec 97, the applicant was awarded the AFAM,
1OLC for outstanding achievement during the period 1 Sep 94 to 25  Oct
97.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1997
follows:

      PERIOD ENDING    EVALUATION

      25 Mar 97              Meets Standards
      19 Mar 98              Training Report
      23 Mar 99        Removed by Order of the SAF
      23 Mar 00              Meets Standards
      23 Mar 01              Meets Standards
      29 Aug 01              Meets Standards
      19 Apr 02              Meets Standards
      19 Apr 03              Meets Standards
      19 Apr 04              Meets Standards
      19 Apr 05              Meets Standards
      19 Apr 06              Meets Standards
  #   28 Feb 07              Meets Standards

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel by the CY07A Colonel Line CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO recommends approval of the applicant’s  request  to  correct
his duty history indicating that his duty history was  incorrect  when
his record was considered by the CY07A CSB.  They defer to  AFPC/DPSOO
regarding SSB consideration.

A complete copy of the AFPC/DPAO evaluation is at Exhibit C.

AFPC/DPSOO recommends denial of SSB  consideration.   While  AFPC/DPAO
supports of the applicant's request regarding his  duty  organization,
until the manpower and the Personnel Accounting  System  (PAS)  tables
are appropriately corrected to reflect  the  proper  organization,  no
action can be taken to correct the OSB.  Applicant was advised of this
on 3 Apr 07, prior to the CSB.

According to AFPC/DPSOO, the Officer Preselection Brief (OPB) sent  to
eligible officers prior to a selection board contains data  that  will
appear on the OSB at the  central  board.   The  written  instructions
attached to the OPB specifically instruct  the  officer  to  carefully
examine the brief for completeness and accuracy.  If  any  errors  are
found, corrective action must be taken prior to the  selection  board,
not after it.  The applicant was sent an OPB when  he  was  considered
for promotion to the grade of colonel by the  CY07A  Colonel  CSB  and
thus had the opportunity to ensure the decoration was filed in his OSR
for this board and subsequent boards.  However, he failed to  exercise
due diligence and ensure the accuracy of  his  record.   Additionally,
eligible officers meeting a board have the option to submit  a  letter
to the board president addressing any  matters  of  record  concerning
themselves that they believe are important to their consideration  for
promotion.  As such, the applicant could have written a letter to  the
board advising it of the error in his duty information and what should
have been the correct organization.  He did not exercise this right.

A complete copy of the AFPC/DPAO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicates he has provided  additional  information  for  the
Board’s consideration.  Also, in addition to his  previous  assertions
and request for corrective action, the reporting period of his AF Form
475 closing 16 Feb 05 was incorrectly modified.  This resulted in  the
incorrect chronological placement of the AF Form 475  in  his  record.
He believes this may have created a misleading assessment of his  duty
performance during his last year  of  duty  by  the  promotion  board.
Since he believed the modified AF  Form  475  impacted  his  promotion
potential in a negative manner, he requested relief from the Air Force
Personnel Center (AFPC).  The Evaluation Reports Appeal  Board  (ERAB)
approved his request to correct the period of the  report  on  the  AF
Form 475; however, they disapproved his request for an SSB.

He  was  subject  to  three  errors/injustices  when  his  record  was
considered by the  CY07A  board.   Despite  the  confirmation  of  the
errors/injustices by the Air Force, he has been denied an SSB with his
corrected record.  He respectfully asks the Board to grant his  record
SSB consideration.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice regarding the applicant’s request that
his CY07A OSB be corrected to reflect award of the AFAM, 1OLC, and his
corrected record, to include the AFAM, 1OLC citation and the  AF  Form
475 closing 16 Feb 05, be considered by an SSB.  We note that his  OSB
did not reflect he had been  awarded  the  AFAM,  1OLC,  nor  was  the
citation included in his OSR.  In addition, it  appears  that  his  AF
Form 475 closing 16 Feb 05 was erroneously modified resulting  in  the
training report being considered by the CY07A  board  with  the  wrong
closing date and in  the  wrong  chronological  order.   The  training
report was subsequently corrected to reflect the proper closing  date.
While it cannot be conclusively determined what impact the  inaccurate
record may have had  on  the  applicant’s  promotion  opportunity,  we
believe it may have served  to  deprive  him  of  fair  and  equitable
consideration.  Accordingly, we recommend that his OSB be  amended  to
include the AFAM, 1OLC on the CY07A OSB; and, his record,  to  include
the corrected OSB, AFAM, 1OLC citation, and AF Form 475, be considered
by an SSB.

4.  The applicant’s request that his CY07A OSB be corrected to reflect
his duty organization as JUAS COE,  effective  17  Jul  06,  and,  the
corrected OSB be considered by an SSB, was noted.  However, while  the
evidence presented supports his assertion that his  duty  organization
on the OSB was erroneous, the office of primary  responsibility  (OPR)
has indicated that until the manpower and the PAS tables are corrected
to reflect the proper organization, no action can be taken to  correct
the OSB.  Therefore,  until  such  time  as  these  tables  have  been
updated, we opine it would be a  moot  point  to  recommend  favorable
action on the aforementioned request.  Notwithstanding  this,  we  are
not cognizant of any bar that precludes the applicant from  exercising
his right to write a letter to the CY07A SSB concerning this matter.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Officer Selection
Brief (OSB) prepared for consideration  by  the  Calendar  Year  2007A
(CY07A) Colonel Line Central Selection Board (CSB),  be  corrected  to
reflect award of the Air  Force  Achievement  Medal,  First  Oak  Leaf
Cluster (AFAM, 1OLC).

It is further recommended that his record, to  include  the  corrected
OSB, the AFAM (1OLC) Citation, and the AF Form 475, Education/Training
Report, rendered for the period 18  Oct  04  through  16  Feb  05,  be
considered for  promotion  to  the  grade  of  colonel  by  a  Special
Selection  Board  (SSB)  for  the  CY07A  Colonel  Line  CSB  and  any
subsequent boards for which the AFAM, 1OLC and the AF  Form  475  were
not matters of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02732 in Executive Session on 16 Apr 08, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Mary C. Puckett, Member
      Ms. Barbara J. Barger, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Aug 07, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAO, dated 24 Sep 07.
     Exhibit D.  Letter, AFPC/DPSOO, dated 22 Oct 07.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Nov 07.
     Exhibit F.  Letter, applicant, dated 3 Dec 07, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair






AFBCMR BC-2007-02732




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

            The pertinent military records of the Department of the
Air Force relating to XXXXXXX, XXXXXXX, be corrected to show that the
Officer Selection Brief (OSB) prepared for consideration by the
Calendar Year 2007A (CY07A) Colonel Line Central Selection Board
(CSB), be, and hereby is, corrected to reflect award of the Air Force
Achievement Medal, First Oak Leaf Cluster (AFAM, 1OLC).

      It is further directed that his record, to include the corrected
OSB, the AFAM (1OLC) Citation, and the AF Form 475, Education/Training
Report, rendered for the period 18 October 2004 through 16 February
2005, be considered for promotion to the grade of colonel by a Special
Selection Board (SSB) for the CY07A Colonel Line CSB and any
subsequent boards for which the AFAM, 1OLC and the AF Form 475 were
not matters of record.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency