RECORD OF PROCEEDINGS

            AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




   IN THE MATTER OF:   DOCKET NUMBER:  BC-2009-00438
      INDEX CODE:  131.01, 107.00
      COUNSEL:  NONE


      HEARING DESIRED:  YES


   _________________________________________________________________


   APPLICANT REQUESTS THAT:


   1.  Her record be corrected to show the letter  she  wrote  to  the
   Calendar Year 2008B (CY08B) Lieutenant  Colonel  Central  Selection
   Board was accepted for file prior to the  convening  of  the  CY08B
   board on 8 Sep 08.


   2.  Her record be considered by a  Special  Selection  Board  (SSB)
   for the CY08B Lieutenant Colonel CSB, with inclusion of the  letter
   to the board.


   _________________________________________________________________


   APPLICANT CONTENDS THAT:


   While deployed to Al Udeid Air Base, Qatar, she wrote and mailed  a
   letter to the CY08B promotion board.  In Jan 09, she  was  informed
   by the Air Force Personnel Center Officer Promotions Section,  that
   a letter to the promotion board was not part of  her  record.   Her
   record was in error and unjust because the selection board did  not
   consider material information that may have otherwise  resulted  in
   her selection for promotion.


   In support of the request, applicant provides a copy of the  letter
   to the board, dated  1  Jul  08,  a  copy  of  an  Outstanding  Law
   Enforcement Employee Certificate, and a letter of  verification  of
   conversation.


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


   _________________________________________________________________


   STATEMENT OF FACTS:


   The applicant currently serves  on  extended  active  duty  in  the
   grade of major.


   On 12 Sep 08, she was considered and nonselected for  promotion  by
   the CY08B Lieutenant Colonel CSB.


   _________________________________________________________________


   AIR FORCE EVALUATION:


   AFPC/DPSOO recommends denial.  DPSOO states, in  part,  that  after
   careful consideration of the applicant’s contentions, there  is  no
   evidence to show that her nonselection for promotion to  lieutenant
   colonel by the CY08B CSB was  a  result  of  a  material  error  or
   injustice.  It was her responsibility to follow up  to  ensure  the
   letter she wrote to the promotion board was filed in her record  in
   time for the board.


   DPSOO notes it is stated in AFI 36-2501, paragraph  2.10.,  and  in
   the instructions attached to the Officer  Preselection  Brief  that
   each eligible  officer  meeting  the  CY08B  board  received,  that
   officers have the option  to  write  a  letter  to  the  board  and
   address any  matter  of  record  concerning  themselves  that  they
   believe is important to their consideration for promotion.


   Additionally, the instructions state  that  eligible  officers  may
   mail,  fax,  or  email  said  letters  and  provides  the   contact
   information accordingly.  The applicant  contends  she  mailed  the
   letter in Jul 09.  She doesn’t provide any evidence  to  show  that
   she followed up to ensure it was filed  in  her  Officer  Selection
   Record (OSR).


   DPSOO indicates the results of the original board were based  on  a
   complete  review  of  the  applicant’s  entire  selection   record,
   assessing  whole  person   factors   such   as   job   performance,
   professional  qualities,   depth   and   breadth   of   experience,
   leadership, and education.  Although the  applicant  was  qualified
   for promotion, she 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.


   DPSOO indicates that they have reviewed  the  AFPC/DPPPR  advisory,
   and based on their recommendation recommend  her  request  for  SSB
   consideration be denied.


   The DPSOO evaluation is at Exhibit C.


   _________________________________________________________________


   APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


   The applicant contends that her  selection  record  for  the  CY08B
   Lieutenant Colonel CSB was in error and unjust, because  the  board
   did not consider  material  information  that  may  otherwise  have
   resulted in her selection to serve in the higher grade.


   While  serving  a  six-month  deployment,  she  mailed   a   letter
   approximately eight weeks prior to  the  board  convening  date  to
   ensure adequate delivery time and processing time at the Air  Force
   Personnel Center (AFPC).  She was cautioned not to wait  until  the
   last minute to provide the letter for inclusion in her record,  and
   based on her experience of mailing several  letter/packages  during
   three separate deployments, she was  confident  the  letter  should
   arrive safely and did not  want  to  overburden  AFPC  by  repeated
   telephone inquiries.


   The 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.  Sufficient relevant evidence has been presented to  demonstrate
   the existence of  error  or  injustice  regarding  the  applicant’s
   request that a copy of the letter she wrote to the CY08B  board  be
   filed in her OSR and she be given  SSB  consideration.   The  Board
   notes the applicant, while deployed to Al Udeid  Air  Base,  Qatar,
   mailed a letter to the promotion board  two  months  prior  to  the
   board convening date.  However, it appears that as a result  of  an
   administrative error, the letter was not included  in  her  record.
   In our view, the applicant submitted her letter  to  the  board  in
   sufficient time for its inclusion in her record prior to the  CY08B
   Lieutenant Colonel Central Selection Board,  and  believes  it  was
   reasonable for her to conclude it would be there.  While it  cannot
   be conclusively determined what impact the missing  letter  to  the
   promotion board had on her promotion  opportunity,  to  insure  she
   receives fair and equitable consideration, we elect to resolve  any
   doubt in her favor.  In view of the above, we  recommend  that  her
   records be corrected to the extent indicated below.


   _________________________________________________________________


   THE BOARD RECOMMENDS THAT:


   The pertinent military records of the Department of the  Air  Force
   relating to APPLICANT, be corrected to show that that  her  letter,
   dated 1 July 2008, to the Calendar Year  2008B  (CY08B)  Lieutenant
   Colonel Central Selection Board (CSB)  was  accepted  for  file  on
   1 August 2008.

   It is further directed that her record, to include  her  letter  to
   the board, be considered for promotion to the grade  of  lieutenant
   colonel  by  a  Special  Selection  Board  for  the  CY08B  Central
   Lieutenant Colonel Selection Board.


   _________________________________________________________________



   The following members of the Board considered Docket Number  BC-2009-
   00438 in Executive Session on 2 Jun 09, under the provisions  of  AFI
   36-2603:


                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr.  Mark J. Novitski, Member

      Ms.  Debra M. Czajkowski, Member



   All members  voted  to  correct  the  record,  as  recommended.   The
   following documentary evidence was considered:


       Exhibit A.  DD Form 149, dated 30 Jan 09, w/atchs.
       Exhibit B.  Applicant's Master Personnel Records.
       Exhibit C.  Letter, AFPC/DPSOO, dated 6 Mar 09.
       Exhibit D.  Letter, SAF/MRBR, dated 20 Mar 09.
       Exhibit E.  Letter, Applicant, dated 30 Mar 09.












                                      BARBARA A. WESTGATE
                                      Panel Chair