RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03165
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Officer Selection Brief (OSB) considered by the Calendar
Year (CY) 2006A (CY06A) (P0506A) Lieutenant Colonel Central
Selection Board (CSB) be corrected to reflect his command in
Bagdad.
2. He be considered for promotion to the grade of lieutenant
colonel by Special Selection Board (SSB) for the CY06A Lieutenant
Colonel CSB with the corrected record.
3. If granted an SSB, that the Promotion Recommendation Form
(PRF) rendered on him and viewed by the CY06A Lieutenant Colonel
CSB be reaccomplished.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force Personnel Center (AFPC) and the United States
Central Command Air Forces (USCENTAF) failed to update his duty
history to reflect his command in Baghdad from 19 Apr to 30 Jun
03, even though he held the position for more than sixty days.
In Apr 10, he finally managed to correct his duty history. The
absence of this duty title entry was a significant factor in him
being passed over for promotion to lieutenant colonel in his
primary zone.
In support of his request, the applicant provides a personal
statement, a letter from the Human Resources Advisor at Special
Operations Command Central (SOCCENT) J1, an Officer SURF, an AF
Form 77, Supplemental Evaluation Sheet, an Air Force Commendation
Medal (AFCM) Certificate, his PRF for the P0506A CSB, and an
Exception to Policy on Award Memorandum.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is presently serving on active duty in the grade of
major with a date of rank of 1 Apr 02. His Total Active Federal
Military Service Date (TAFMSD) is 2 Apr 91. A review of the OPRs
included in the applicants record for the CY06A Board, reflect
overall ratings of meets standards.
The applicant has six nonselections to the grade of lieutenant
colonel by the P0506A, P0506C, P0507B, P0508B, P0509B, B0510A and
Lieutenant Colonel CSBs.
The applicant did not file an appeal through the Evaluation
Reports Appeal Board (ERAB) under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports; however, the
ERAB reviewed his application and was not convinced the PRF was
inaccurate or unjust.
The remaining relevant facts pertaining to this case are contained
in the evaluations prepared by the appropriate offices of the Air
Force and can be found at Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request to
correct or replace his PRF. DPSID states the applicant was
deployed from 19 Apr - 18 Jul 03 as a squadron commander.
Beginning in Apr 04, the applicant tried to update his duty title
to reflect his information as a deployed commander; however, this
is not authorized. The applicant was told by many individuals,
to include AFPC and USCENTAF that this was not authorized.
When the applicants deployed commander Letters of Evaluations
(LOEs) were written, they were not required to be filed in the
Officers Selection Record (OSR) as it was an optional LOE.
Although the LOE may not have been in his OSR, his Officer
Performance Report (OPR) rendered for the period of 17 Sep 02 -
16 Sep 03 clearly stated he was the first AF LRS CC. The
deployed commander duty title may not have been in his duty
history, but the board members could have crossed referenced the
comments on the PRF with the OPR.
The document, AF Form 77, for deployed commanders, are now placed
into the permanent record at the discretion of the Secretary of
the Air Force(SECAF)/Chief of Staff of the Air Force (CSAF),
ensuring the performance is captured into the permanent record.
This program was implemented by Military Personnel Flight
Memorandum 04-42, dated 25 Oct 04, effective with the 2004 Air
Expeditionary Force (AEF) Cycle 5, Pairs 1 and 2, an LOE was
mandatory for all deployed officers (AD, Guard, Reserve) through
the grade of colonel serving as commanders for 45 days or more in
support of named operations. The applicants LOE closed out on
18 Jul 03, over a year before the guidance took effect. The
policy does not grandfather officers who served in deployed
commander positions prior to the 2004 AEF Cycle 5.
Although the applicant believes the board may not have seriously
taken his responsibility and accomplishments as a commander in a
combat zone, there is no evidence to support this. The applicant
has failed to provide a reaccomplished report by the original
Senior Rater and also get the support of the Senior Rater and the
Management Level Review (MLR) president.
A report is considered to represent the rating chains best
judgment at the time it is rendered. Once a report is accepted
for file, only strong evidence to the contrary warrants
correction or removal from an individuals record. The burden of
proof is on the applicant. The applicant has not substantiated
the contested report was not rendered in good faith by all
evaluators based on knowledge available at the time.
The complete DPSID evaluation is at Exhibit B.
AFPC/DPASL agrees with the findings of DPSID. DPASL is unable to
support the applicants request to add LRS Squadron Commander
to his duty history based on the policies in place at the time of
his AEF command.
The complete DPASL evaluation is at Exhibit C.
AFPC/DPSOO recommends denial of the applicants request for SSB
consideration. DPSOO states after a review of the complete
application and the advisories prepared by DPSID and DPASL they
must recommend denial.
On 7 Apr 10, the USAF Human Resources Advisor at USCENTAF updated
the duty title entry effective 19 Apr 03 as Cdr, 447 Exped Log
Sq; however, after receiving proper guidance, the deployed
commander duty title was removed.
DPSOO states Central boards evaluate the entire selection record
to include PRFs, OPRs, officer effectiveness reports, training
reports, LOEs, decorations, and data on the OSB. The board
members assess whole person factors such as job performance,
professional qualities, depth and breadth of experience,
leadership and academic and professional military education when
rendering their decision. As such, the absence of an
unauthorized duty title did not cause his nonselection for
promotion to lieutenant colonel.
The complete DPSOO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 Apr 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendations
of the Air Force offices of primary responsibility and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
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 Docket Number
BC-2010-03165 in Executive Session on 24 May 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Aug 10, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 24 Jan 11.
Exhibit C. Letter, AFPC/DPASL, dated 3 Feb 11.
Exhibit D. Letter, AFPC/DPSOO, dated 24 Feb 11.
Exhibit E. Letter, AFBCMR, dated 14 Apr 11.
Panel Chair
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