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AF | BCMR | CY2009 | BC-2008-02540
Original file (BC-2008-02540.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02540
            INDEX CODE:  131.00
      xxxxxxxxxxxxx    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB)  be  corrected  to  include  his  correct
assignment history and his corrected  record  be  given  Special  Selection
Board (SSB) consideration by the Calendar  Year  2007B  (CY07B)  Lieutenant
Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was TDY during the time his OSB was created and he did not get to review
it.  He did review his SURF on the VMPF; however, he  was  unaware  of  the
errors in his OSB until a records  review  was  conducted  after  his  non-
selection for promotion.  From Jun 99 through Oct 02, he  was  assigned  to
AFOAT, Northwest Region AFROTC and from Oct  02  through  Oct  05,  he  was
assigned to HQ SOCEUR in EUCOM.

In support of his  request,  applicant  provides  a  copy  of  his  Officer
Performance Reports (OPRs) for the periods ending 1 Jun 00 to 14 Oct 05.

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 currently serving on active duty in the grade of
major, having assumed that grade effective and with a date of rank of 1 Jun
03.  The applicant  has  one  non-selection  to  the  grade  of  lieutenant
colonel.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPASL  states  that  the  organizations  AFELM  SOCEUR  EUC   RAMSTEIN
effective 2 Jun 02 and AFROTC NW REG CHICAGO effective 15 Jul 99, have been
corrected effective 29 Jul 08.  The complete  AFPC/DPASL  evaluation,  with
attachments, is at Exhibit B.

AFPC/DPSOO recommends denial.  DPPPO states that taking into  consideration
that the assignment history entries may have been incorrect when the  board
convened;  the  board  members  still  had  information  which  showed  the
applicant's correct assignment data.  Specifically, his corresponding  OPRs
communicated to the board the correct data.  DPSOO advises that  correcting
his OSB to include the corrected duty history data would not introduce  any
new information that was not already considered by the board members.   The
complete AFPC/DPSOO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were sent to the applicant on 24 Oct 08
for review and comment within 30 days.  As of this date,  this  office  has
not received a response.

_________________________________________________________________

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 injustice.  After reviewing the evidence of record, we  note
the applicant’s OSB did not reflect the correct duty  history  at  the  time
the board convened;  however,  evidence  supports  that  his  OPRs  had  the
information which showed the applicant's correct assignment data.   In  view
of this fact, we are not persuaded that the absence of this  information  on
his OSB caused his record to be so erroneous or  misleading  that  the  duly
constituted selection board, vested with the authority  to  score  officer’s
records for promotion, was unable to reach a reasonable decision  concerning
his promotability in relation to his peers.  Based  on  the  facts  of  this
case,  we  believe  the  applicant   has   received   fair   and   equitable
consideration  for  promotion   through   the   selection   board   process.
Therefore, we agree with the  opinion  and  recommendation  of  the  Officer
Promotions and Appointments Branch and adopt its rationale as the basis  for
our findings in the case.   Accordingly,  the  applicant’s  request  is  not
favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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  Docket  Number  BC-2008-02540
in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Anthony P. Reardon, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
02540 was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPASL, dated 12 Aug 08, w/atch.
    Exhibit D.  Letter, AFPC/DPSOO, dated 6 Oct 08
    Exhibit E.  Letter, SAF/MRBR, dated 24 Oct 08.




                                  GREGORY A. PARKER
                                             Panel Chair

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