RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02897
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Selection Board (SSB)  for  promotion  to  the
grade of colonel by the  Calendar  Year  2007A,  Colonel  Central  Selection
Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

His "As-Met" Officer Selection Record (OSR) did not include  the  Letter  of
Evaluation (LOE) and letter he wrote to the board, therefore he has  no  way
of being assured the board had access to it at the time the board convened.

In support of his request, the applicant provided a copy of  his  letter  to
the board, copies of emails, and a copy of his "As-Met" Selection Record.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force  on  29 August  1986
and was progressively promoted to the  grade  of  lieutenant  colonel  (LTC)
effective and with a date of rank of 1 September 2002.

The applicant was considered but not selected by the CY07A Colonel  Line  of
the Air Force (LAF) Central Selection Board which convened on 9 April  2007.
 On 20 July 2007, a copy of his "As-Met" record was sent to him and did  not
contain a copy of his letter to the board.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/PB recommends denial.  PB states that following board adjournment,  the
Selection Board Secretariat personnel remove  all  board-specific  documents
from  the  records  (including  all  letters  to  the  board  and  promotion
recommendation forms) and return the records to the Promotion Board  Support
Section.  The removed documents  are  forwarded  to  the  Automated  Records
Management System (ARMS) Section to be scanned  into  the  central  historic
database.  When reproducing "As-Met" copies, clerks are required  to  verify
in ARMS to determine if  the  requester  wrote  to  the  board  and  provide
him/her a copy of the letter with the "As-Met"  package.   PB  states  their
clerks failed to search for his letter in ARMS.  PB is confident his  letter
was in his OSR at the time of the board.  He  was  identified  as  a  letter
writer in their board-specific index prior to  the  board.   PB  provided  a
printout to confirm his letter was indexed into ARMS on 12  July  2007.   PB
contends his letter did meet the board and regrets the confusion  caused  by
the clerical error during reproduction of the  OSR.   PB  has  instituted  a
cross-check to ensure a second reviewer checks  for  letters  to  the  board
before producing "As-Met" records.

The complete PB evaluation is at Exhibit B.

AFPC/DPSOO recommends denial.  DPSOO states their evaluation of the  request
requires them to rely on the opinions of other Air Force experts.  As  such,
they have reviewed PB's advisory  and  based  on  their  findings  that  the
applicant's letter to the board did meet the P0607A CSB  on  9  April  2007,
recommends denial.

The complete DPSOO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating he continues to find  no  compelling  reason
to believe with certitude his letter was actually in  his  selection  record
during the promotion board.  AFPC/PB acknowledged that  all  "board-specific
documents" were removed from the records following the  board's  adjournment
and then stored in ARMS.  AFPC's confidence/contention that his  letter  was
in his OSR hinges on the contention he was identified  as  a  letter-writer.
PB offered no definitive evidence in its advisory as to whether  his  letter
was actually  included  in  his  selection  record  during  the  board.   He
contends this after-the-fact evidence only indicates the  existence  of  his
letter at AFPC, not whether it was actually part  of  his  selection  record
when the board convened.   By  AFPC's  own  admission,  a  "clerical  error"
occurred when AFPC's employee attempted to reproduce  his  "As-Met"  record.
However, once all board-specific documents were removed from his record  and
forwarded to ARMS, his selection record no longer existed  in  the  form  it
did at the time of the April 2007 board.  Thus any  subsequent  reproduction
of his "As-Met" selection record is based on retrieving  documents  from  at
least two different locations since his  selection  record's  integrity  was
not preserved.  Since his letter to the board included a signed LOE  from  a
contingency deployment, he believes  full  and  fair  consideration  by  the
P0607A promotion board could have only occurred if his letter was  truly  in
his selection record.  SSB consideration with the inclusion of his  original
letter to the board would remove all such doubt.

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 an error or injustice warranting an SSB.   We  took  notice  of
the applicant’s complete submission in  judging  the  merits  of  the  case;
however, 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 the applicant has failed to sustain  his  burden  of
proof  of  the  existence  of  an  error  or  injustice.    Therefore,   the
applicant’s request that  he  be  considered  by  a  SSB  is  not  favorably
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate  the
existence of material  error  or  injustice;  the  application  was  denied
without  a  personal  appearance;  and  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-
02897 in Executive Session on 10 January 2008, under the provisions  of  AFI
36-2603:

           Mr. James W. Russell III, Panel Chair
           Mr. Mark J. Novitski, Member
           Ms. Lea Gallogly, Member





The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-02897 was considered:

    Exhibit A.  DD Form 149, dated 1 September 2007, w/atchs.
    Exhibit B.  Letter, AFPC/PB, dated 3 October 2007.
    Exhibit C.  Letter, AFPC/DPSOO, dated 5 November 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 16 November 2007.
    Exhibit E.  Letter, Applicant, dated 10 December 2007.



                                   JAMES W. RUSSELL III
                                   Panel Chair