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AF | BCMR | CY2008 | BC-2007-02970
Original file (BC-2007-02970.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02970
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted Special  Selection  Board  (SSB)  consideration  by  the  CY07
Colonels Promotion Board (P0607A) due to the following discrepancies:

1.  Inaccurate Officer Selection Brief (OSB) – inaccurate decorations.

2.  Missing Meritorious Service Medal (MSM) (citation is in his  record  but
not annotated on his OSB).

3.  Missing Defense Meritorious Service Medal (DMSM) citation decoration  is
identified on his OSB but the citation is missing).

4.  Remove the Board Discrepancy Report.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The inaccurate OSB contributed to his  non-selection  during  the  promotion
board.  His as-met board package contains a Board Discrepancy  Report  (BDR)
identifying the above  missing  decorations  which  insinuates  he  did  not
ensure his  OSB  was  correct.   He  carefully  reviewed  his  OSB  in  late
Feb/early Mar 07, just prior to his current 365-day deployment to  Southwest
Asia on 11 Mar 07, and it was correct at the  time.   However,  due  to  the
timing of his deployment, the closeout of his MSM  (fifth  decoration,  with
closeout of 9 Mar 07) and the start of the promotion board (9 Apr  07),  his
OSB was not updated.  The outdated OSB was not a result of  his  failure  to
ensure his record was correct, but rather, the coincidental timing of  these
three events resulting in an inaccurate OSB for the promotion board.   As  a
result, the corresponding BDR sitting on top of his record potentially  sent
a signal to the board that he did not care about the accuracy of his  record
and thus was a negative factor when the board  scored  his  overall  record.
The missing DMSM citation similarly had the potential to  negatively  impact
hs score.

In support of the application, the applicant submits his OSB, the  BDR,  and
MSM and DMSM Special Orders and citations.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is a lieutenant colonel with a date  of  rank  of  1
Jan 03.  He is currently assigned as a Deputy Director.   He  has  one  non-
selection to the grade of colonel.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPSOO  recommends  denial.   DPSOO  notes  although  deployed,  the
applicant did not provide  any  documentation  showing  he  followed  up  to
ensure his records were updated correctly by checking his Officer  Selection
Record (OSR).   Additionally,  to  ensure  the  contents  of  his  OSR  were
correct, he would have had to request a copy  of  his  record  from  Officer
Records at HQ AFPC.  The  applicant  has  provided  no  evidence  of  taking
action to review his OSR.

DPSOO declares central boards evaluate the entire OSR  and  do  not  believe
the incorrect number of MSMs reflected on the  applicant's  OSB  caused  his
nonselection for promotion.  Although his DMSM citation was not on  file  in
his OSR when the board convened, the board members knew of its existence  as
evidenced by the entry in the decoration section of his OSB.

The complete DPSOO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 23 Nov  07,  the  applicant  reiterates  much  of  his
earlier contentions and adds that he is at a loss as to  why  AFPC  did  not
post the decoration to his record in time for the  Central  Selection  Board
(CSB).  Even if he  had  resubmitted  the  same  documents,  there  were  no
assurances AFPC would have acted any differently and updated his  record  in
time for the CSB.  The result of not having the  awards  posted  contributed
to the BDR.  He believes the BDR was the result of administrative error.

The applicant's complete response 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice.    After   thoroughly   reviewing   the
applicant's submission along with the evidence of record, it is our  opinion
that corrective action is warranted in this case.  In this respect, we  took
note that his deployed duty title entry  has  been  subsequently  corrected.
We believe that the  applicant  made  a  reasonable  effort  to  ensure  his
selection record was correct prior to the convening of the  selection  board
but because of the confluence of several events deemed beyond  his  control,
he was ultimately unable to verify  the  accuracy  of  his  OSR.   While  it
cannot be conclusively determined what impact  the  omission  of  the  award
citations  and  incorrect  duty  title  may  have  had  on   his   promotion
opportunity, we believe any doubt should be resolved in his favor  and  that
the final determination should be appropriately placed in  the  hands  of  a
duly constituted SSB.  In regard to his  request  to  have  the  Discrepancy
Report removed, we note that upon correction of his record, the  Discrepancy
Report will also be removed.  Therefore, it is our opinion that his  records
should be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  by  amending  the  Officer  Selection  Brief,
prepared for the Calendar Year 2007A (9 Apr 07)  Colonel  Central  Selection
Board to include the citation to accompany award of the Meritorious  Service
Medal, 4th Oak Leaf Cluster (MSM w/4OLC) and the citation to  accompany  the
award of the  Defense  Meritorious  Service  Medal  (DMSM)  in  his  Officer
Selection Record (OSR).

It is further directed that his record, to include  the  above  corrections,
be considered for promotion to the grade of Colonel by a  Special  Selection
Board (SSB) for the CY07A Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 Feb 08, under the provisions of AFI 36-2603:

               Mr. Michael K. Gallogly, Panel Chair
               Mr. Steven A. Cantrell, Member
               Mr. Kurt R. LaFrance, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered in AFBCMR BC-2007-02970:

      Exhibit A.  DD Form 149, dated 10 Sep 07 w/atchs.
      Exhibit B.  Letter, HQ AFPC/DPSOO, dated 1 Nov 07.
      Exhibit C.  Letter, SAF/MRBR, dated 9 Nov 07.
      Exhibit D.  Letter, Applicant, dated 23 Nov 07.




                 MICHAEL K. GALLOGLY
                 Panel Chair



AFBCMR BC-2007-02970




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 APPLICANT be corrected by amending the Officer Selection
Brief, prepared for the Calendar Year 2007A (9 Apr 07) Colonel Central
Selection Board to include the citation to accompany award of the
Meritorious Service Medal, 4th Oak Leaf Cluster (MSM w/4OLC) and the
citation to accompany the award of the Defense Meritorious Service Medal
(DMSM) in his Officer Selection Record (OSR).

      It is further directed that his record, to include the above
corrections, be considered for promotion to the grade of colonel by a
Special Selection Board (SSB) for the CY07A Central Colonel Selection
Board.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency




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