RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03174
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration for promotion to the
grade of colonel  by  the  Calendar  Year  2006A  (CY06A)  Colonel  Central
Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The announcement of a prestigious award  he  received  was  held  from  his
evaluators for 13 months and had they known in  March  2006  when  the  Air
Force Institute of Technology (AFIT) command  section  was  notified,  they
would have included it in his Promotion Recommendation Form (PRF).

In support of his request, the applicant  provided  a  personal  statement,
supporting statements, and a copy of his PRF.

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
lieutenant colonel.

The applicant has two nonselections to the grade of colonel  by  the  CY06A
and CY07A colonel CSBs.  He did not file an appeal through  the  Evaluation
Reports Appeals Board (ERAB).  However, his BCMR application was  forwarded
to the ERAB for review and denial was recommended based on  the  fact  that
the omission of the award does not make the report inaccurate or unjust.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends the requested relief  be  denied.   DPSIDEP  states
there is no evidence that substantiates the evaluators were unaware of  the
information regarding the award until 13 months later, or that  the  senior
rater would have used the information in the applicant’s report.

Furthermore, the report is not considered to be in error because  an  award
is not mentioned.  Air Force policy does not require it to be  included  in
evaluations and the applicant has not provided  any  evidence  showing  the
senior rater would have used it even if the  information  had  been  known.
Each officer  eligible  for  promotion  consideration  is  advised  of  the
entitlement to communicate with the board president.  He  could  have  used
this means to inform the board president of this award and included in  his
letter a copy of the award notification.   The  applicant  elected  not  to
exercise this entitlement.

DPSIDEP further states not receiving a “DP” does not  necessarily  indicate
the applicant was not qualified or not deserving of a promotion  rather  in
the Management Level Review’s (MLR’s) judgment, there were  higher  caliber
officers which did receive a “DP” recommendation.

The AFPC/DPSIDEP's complete evaluation is at Exhibit C.

AFPC/DPSOO concurs with  the  AFPC/DSPIDEP  evaluation  and  accepts  their
finding that there is no basis to grant SSB consideration.

The AFPC/DPSOO 's complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  at  the  MLR,
there were two problems.  The first was the missing Air War  college  (AWC)
information which the General corrected on the spot.   The  issue  here  is
that the correction started a lengthy discussion about people waiting until
the last minute to start AWC.  This discussion clearly gives the impression
of biasing.   The  second  problem  was  the  missing  award.   This  award
demonstrates  significant  outside  recognition  of  contribution  to   Air
University’s mission.  If the two problems had not occurred he  would  have
been in a much better position to receive one of the “DPs.”

In support of his request he  provided  a  supportive  statement  from  the
AFIT/EN Executive Officer.  His complete response  with  attachment  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  an  error  or  injustice  that  would  warrant  relief.   The
applicant requests he receive SSB consideration for the Calendar Year 2006A
Colonel Central Selection Board.  He believes the delay  in  notifying  his
rater and additional rater of his selection as the recipient of the Kotcher
Award contributed to his nonselection for promotion.   In  support  of  his
appeal, he provided a statement indicating that it is  his  senior  rater's
standard practice to include major recognition such as the Kotcher Award in
the PRFs he prepares.  Therefore, we believe the applicant has  established
reasonable doubt as to whether or not he was  improperly  disadvantaged  by
the  absence  of  information  pertaining  to  the  award.   Whether   this
information was sufficiently  significant  to  alter  the  results  of  the
selection board in question is a question we  are  unable  to  answer.   We
believe that the appropriate corrective measure in this case is to  provide
the applicant the opportunity to provide a letter to  the  selection  board
members informing them of the award.  If he chooses to  do  so,  he  should
receive consideration by an SSB.  Accordingly,  in  order  to  resolve  any
potential injustice in this matter, we believe that  any  doubt  should  be
resolved in his favor and that his record 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 to show that should he submit a  letter  to  the
Special Selection Board President, his record be considered  for  promotion
to the grade of colonel by a Special Selection Board for the Calendar  Year
2006A Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-
03174 in Executive Session on 31 Mar 08, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Mr. James G. Neighbors, Member
                       Ms. Janet I. Hassan, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket Number  BC-2007-03174  was
considered:

   Exhibit A.  DD Form 149, dated 25 Sep 07, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSIDEP, dated 13 Dec 07.
   Exhibit D.  Letter, HQ AFPC/DPSOO, dated 18 Dec 07.
   Exhibit E.  Letter, SAF/MRBR, dated 11 Jan 08.
   Exhibit F.  Letter, Applicant, dated 30 Jan 08, w/atchs.




                                        WAYNE R. GRACIE
                             Panel Chair






AFBCMR BC-2007-03174



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed 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     , be corrected to show that should he  submit  a  letter  to
the  Special  Selection  Board  President,  his  record  be  considered  for
promotion to the grade of colonel by  a  Special  Selection  Board  for  the
Calendar Year 2006A Colonel Central Selection Board.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency