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AF | BCMR | CY2008 | BC-2008-01216
Original file (BC-2008-01216.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01216
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His duty title and location be changed on his CY07A  Major  Selection  Board
Officer Selection Brief (OSB)  and  his  corrected  OSB  be  reviewed  by  a
Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OSB  duty  history  information  was  incorrect.   His  correct  Officer
Performance Report (OPR) was filed in his records six months  prior  to  the
promotion board convening.  He  attempted  to  correct  the  error  locally;
however, the OSB was not corrected.  His evidence shows due diligence.

In support of the application, the applicant submits his last  OPR  and  his
OSB.

His 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 captain with a date of rank of 6  Sep  03.   He
is currently assigned as Chief,  Plans  and  Exercises.   He  has  one  non-
selection to the grade of major.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAOM6 recommends correction of the  applicant’s  OSB  as  indicated
and defers SSB consideration to HQ AFPC/DPPPO.

The complete DPAOM6 evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPSOO recommends denial of  the  applicant’s  request  for  an  SSB.
DPSOO states the applicant has  not  provided  documentation  to  show  what
action he took after  he  identified  the  errors  to  his  local  Commander
Support Staff (CSS).  It is the  member’s  responsibility  to  follow-up  to
ensure that any errors were corrected in MilPDS.  DPSOO concurs with AFI 36-
2501 which  states  “Do  not  have  an  SSB  if,  by  exercising  reasonable
diligence, the officer should have discovered  the  error  or  omission  and
could have taken corrective action before  the  originally  scheduled  board
convened.”

Although his  OSB  did  not  reflect  his  current  duty  title  entry,  his
respective OPRs contained the correct information which  the  board  members
reviewed and took into consideration in evaluating  his  record;  therefore,
the corrected duty history data would  not  introduce  any  new  information
that was not already considered by the board members.

Central boards evaluate the entire selection record.  Board  members  assess
all factors when rendering  their  decision.   DPSOO  opines  the  incorrect
location of his duty title  effective  1 Sep  05  and  the  absence  of  his
current duty title entry, which is reflected on his 5 Apr  07  OPR  did  not
cause the applicant’s nonselection.

The complete DPSOO evaluation, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his  response  dated  30  Jun  08,  the  applicant  states  there  is  no
documentation to show what corrective actions were  taken.   His  correction
requests were made verbally.  His OSB is dated 4 May  08;  however,  he  did
not receive it until 2 Jun 08 after returning from a deployment  and  leave.
When he rechecked the status in late June, he was told there  were  problems
with the new system and to  check  his  updates  again.   Additionally,  the
single CSS rep was deployed and replaced with someone new.  When he  checked
in July he was told his changes should have  been  updated.   He  was  on  a
temporary duty (TDY) assignment the last two weeks  before  the  final  date
for  submissions  to  the   board.    He   regrets   not   documenting   his
conversations; however, he did not think it would be necessary  to  document
a simple records update.

He contends the discrepancies between his OPR and OSB would have been  noted
by the board and would have appeared negligent on his part.   His  corrected
OSB deserves supplemental consideration without glaring discrepancies.

His complete submission 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.  We note that  AFPC/DPAOM6  has  determined
that information contained on the OSB was incorrect.  They also  agree  that
the applicant presented evidence to support his claim of trying  to  correct
the discrepancies prior to the promotion board and recommends that  the  OSB
be corrected.  While it cannot be conclusively determined  what  impact  the
missing information on his OSB 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.  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 Major Central Selection Board as follows:

      a.  The Assignment History include the Duty Title of “Chief of Plans
and Exercises,” with an Effective Date of “24 May 2006,” a DAFSC of
“13B3D,” and an Organization of “Aviano Air Base”.

      b.  The Duty Location associated with the Effective Date of
1 September 2005, and Duty Title of Chief of Readiness, should read
“Tinker AFB” rather than “Unknown”.

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

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 September 2008, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Barbara J. Barger, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered in AFBCMR BC-2008-01216:

    Exhibit A.  DD Form 149, dated 18 Mar 08.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPAOM6, dated 21 Apr 08.
    Exhibit D.  Letter, HQ AFPC/DPSOO, dated 20 May 08.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Jun 08.
    Exhibit F.  Letter, Applicant, dated 30 Jun 08.




                                   B. J. WHITE-OLSON
                                   Panel Chair


AFBCMR BC-2008-01216




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 Major Central Selection Board
as follows:

            a.  The Assignment History include the Duty Title of “Chief of
Plans and Exercises,” with an Effective Date of “24 May 2006,” a DAFSC of
“13B3D,” and an Organization of “Aviano Air Base”.

            b.  The Duty Location associated with the Effective Date of
1 September 2005, and Duty Title of Chief of Readiness, should read
“Tinker AFB” rather than “Unknown”.

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






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency








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