RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03173
INDEX CODE: 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be considered for promotion to the grade of lieutenant
colonel by a Special Selection Board (SSB) for the Calendar Year 2007B
(CY07B) Lieutenant Colonel Central Selection Board (CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Board Discrepancy Report filed in his Officer Selection Record
(OSR) incorrectly stated that the OSR was missing a decoration.
In support of his appeal, the applicant provides a copy of the Board
Discrepancy Report.
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, with a date of rank (DOR) of 1 Sep 03. His Total
Active Federal Military Service Date (TAFMSD) is 2 Jun 93.
Applicant's Officer Performance Report (OPR) profile since 2000
follows:
PERIOD ENDING EVALUATION
26 Aug 00 Meets Standards
26 Aug 01 Meets Standards
26 Aug 02 Meets Standards
26 Aug 03 Meets Standards
30 Jun 04 Meets Standards
Applicant's Officer Performance Report (OPR) profile since 2000
continues:
PERIOD ENDING EVALUATION
30 Jun 05 Meets Standards
30 Jun 06 Meets Standards
# 22 May 07 Meets Standards
# Top Report at the time that he was considered and nonselected for
promotion to the grade of lieutenant colonel by the CY07B Lieutenant
Colonel CSB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial indicating they reviewed the record and
noted the contested Board Discrepancy Report was correct, as it
indicated the Air Force Achievement Medal, Second Oak Leaf Cluster
(AFAM, 2OLC) was not in the MilPDS. The OSB shows the number of
awarded AFAMs to be “2” instead of “3.” Although the AFAM, 2OLC was
not reflected on his OSB, the citation was filed in his record and was
available to the board members for consideration in the promotion
process. Additionally, the applicant did not exercise reasonable
diligence in ensuring the OSB was accurate prior to the convening of
the board.
A complete copy of the AFPC/DPSOO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnishes a response
indicating he takes exception to the statement that he did not
exercise reasonable diligence in ensuring his OSB was accurate. He
provided information pertaining to the decoration for inclusion in his
record and was assured prior to the CY07B board that it was in his
record. He was surprised to discover the discrepancy report in his
record, which he believes was potentially a discriminating factor for
his selection for promotion.
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 error or injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the documentation presented in support
of his appeal sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility (OPR).
Notwithstanding his assertion, we are not persuaded the applicant
exercised the necessary diligence to ensure the accuracy of his record
prior to the CY07B board. Therefore, in the absence of sufficient
evidence to the contrary, we agree with the recommendation of the OPR
and adopt its rationale as the basis for our decision the applicant
has failed to sustain his burden of establishing that he has suffered
either an error or an injustice. Accordingly, we find no compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2008-03173 in Executive Session on 4 Dec 08, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Michele M. Rachie, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Aug 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOO, dated 3 Oct 08.
Exhibit D. Letter, SAF/MRBR, dated 24 Oct 08.
Exhibit E. Letter, applicant, dated 13 Nov 08.
THOMAS S. MARKIEWICZ
Chair
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