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AF | BCMR | CY2009 | BC-2008-03173
Original file (BC-2008-03173.DOC) Auto-classification: Denied


                       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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