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AF | BCMR | CY2009 | BC-2008-04080
Original file (BC-2008-04080.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04080
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted Special Selection Board (SSB) consideration  for  the
Calendar Year 2008A  (CY08A)  (P0608A)  Colonel  Central  Selection
Board (CSB), with inclusion of a new letter to the promotion board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He wrote a letter to the CY08A CSB to inform them that he had  been
approved at the Air Force level for joint service credit under  the
new Joint Qualification System  (JQS).   The  letter  was  required
because the joint credit was not yet documented in his  performance
records.  However, his letter did not indicate the level  of  joint
service credit he received.  During his  non-selection  counseling,
it was noted that the level of joint credit was very important  and
might have made a difference in the promotion board’s decision.  He
has provided a new letter which indicates the level of joint credit
he should receive.

In support of his appeal, the  applicant  submits  a  copy  of  his
previous letter to the CSB, dated 5 May 08; his new letter  to  the
CSB, dated 28 Oct 08, and other supporting documents extracted from
his military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently  serving  in  the  grade  of  lieutenant
colonel, with an effective date and date of rank of 1 Nov 03.

He was considered and nonselected by the CY08A (12 May 08)  Colonel
CSB.
Applicant's OPR profile for the last six reporting periods follows:

      PERIOD ENDING    OVERALL EVALUATION

      01 Jun 03  Meet Standards (MS)
      01 Jun 04  MS
      01 Jun 05  MS
      31 Mar 06  MS
      31 Mar 07  MS
#     08 Feb 08  MS

# Top Report at the time he  was  considered  and  nonselected  for
promotion to the grade of Colonel by the CY08A Colonel CSB.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOO recommends denial, noting the applicant’s  contention
that his original letter did not indicate the level of joint  staff
credit he would receive from his joint duty assignment (25 Jun 00 –
30 Jun  02).   However,  his  Officer  Performance  Reports  (OPRs)
closing 24 Jun 01 and 1 Jun 02, respectively, and  his  Meritorious
Service Medal (MSM),  Second  Oak  Leaf  Cluster  (2OLC),  citation
alludes to his time as an exchange officer on the Canadian  Forces,
which is equivalent to a Chairman,  Joint  Chief  of  Staff  (CJCS)
Joint Staff assignment.  Therefore, substituting the  letter  would
not introduce any new information not  already  considered  by  the
board.

The results of the original P0508A CSB were  based  on  a  complete
review of the applicant’s entire selection  record,  assessing  the
whole  person  factors  such  as  job   performance,   professional
qualities,  depth  and  breadth  of  experience,  leadership,   and
education.  Although, the applicant was qualified for promotion, he
was not the best qualified of other eligible officers competing for
the limited number of promotion vacancies  in  the  judgment  of  a
selection board vested with discretionary authority  to  make  such
selections.

The HQ AFPC/DPSOO complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 9 Jan 09 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case and his contentions are duly noted.   However,  in  our  view,
HQ AFPC/DPSOO has adequately addressed the issues presented by  the
applicant  and  we  are  in  agreement   with   its   opinion   and
recommendation.  Therefore, we adopt the rationale expressed as the
basis for our decision the applicant  has  failed  to  sustain  his
burden of having suffered either an error  or  injustice.   In  the
absence  of  persuasive  evidence  to  the  contrary,  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-2008-04080 in Executive Session  on  11  June  2009,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOO, dated 15 Dec 08.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 09.




                                   WAYNE R. GRACIE
                                   Panel Chair

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