RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04121 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records, to include the deployed Letter of Evaluation (LOE) 
rendered for the period 23 Mar 09 through 14 Sep 09 and the 
Meritorious Service Medal (MSM) he was awarded for the period 
23 Mar 09 through 20 Sep 09, be considered for promotion by a 
Special Selection Board (SSB) for the Calendar Year 2010 (CY10) 
Lieutenant Colonel Central Selection Board (CSB). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes he was not selected for promotion to lieutenant 
colonel due to his deployed LOE and MSM not being in his records 
prior to the convening of the Board. 

 

In support of his appeal the applicant provides copies of 
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 on active duty in the grade of 
major. 

 

The applicant has one promotion nonselection to the grade of 
lieutenant colonel by the CY10 CSB. 

 

The applicant did not file an appeal through the Evaluation 
Reports Appeals Board (ERAB). However, the ERAB reviewed his 
application and denied relief. 

 


The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C through E. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial since filing of the deployed LOE is 
not authorized because the applicant was not serving as a 
squadron, group, or wing commander during the period in question, 
nor appointed by “G” Series orders. 

 

The Chief of Staff of the Air Force (CSAF) implemented procedures 
for documenting performance of deployed commanders filling a 
squadron, group, or wing commander position in the deployment 
environment. The procedures require the performance of all 
commanders, who are on “G” Series orders be documented and 
included in the officer’s performance record. The deployed 
commander LOE is mandatory for all deployed airmen, through the 
grade of colonel, serving as a commander for 45 days or more in 
support of named operations. 

 

In addition, the information from his LOE may be included in his 
next performance report; and should he request a promotion board 
consider this specific information, he can address the promotion 
board through written correspondence and attach the transitional 
LOE. 

 

The complete AFPC/DPSID evaluation is at Exhibit C. 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant was 
originally recommended for award of the Defense Meritorious 
Service Medal (DMSM); but was approved for an MSM on 17 Mar 10. 

DPSIDR notes the MSM is awarded for outstanding noncombat 
meritorious achievement or service to the United States. The 
level of achievement or service is less than that required for 
the Legion of Merit (LOM). Furthermore, DPSIDR finds no 
discrepancy in the timeframe between his closeout date and the 
approval date. 

 

The complete AFPC/DPSIDR evaluation is at Exhibit D. 

 

AFPC/DPSOO concurs with DPSIDEP’s recommendation to deny 
inclusion of the contested LOE in the applicant’s OSR. DPSOO 
notes that all eligible officers meeting a CSB have the option to 
submit a letter to the board president to address any matter of 
record concerning themselves which they believe is important to 
their promotion consideration. The applicant did not exercise 
his right to submit a letter to the promotion board with the LOE 
as an attachment for the board members to consider. 

 

DPSOO further recommends denying inclusion of the MSM in the 
applicant’s OSR. The MSM was awarded after the convening of the 


board; and its absence was not an error as it did not exist prior 
to the convening of the board. If the applicant wishes, he can 
pursue through Army administrative channels to have the permanent 
order and date on the citation changed to a date prior to the 
convening of the board. 

 

The AFPC/DPSOO complete evaluation is at Exhibit E. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant believes that not having the MSM in his OSR put him 
at a disadvantage to his peers in the promotion process. He 
further believes the email trail he previously submitted clearly 
shows the efforts he made to resolve this issue prior to the 
convening of the board. In addition, to just look at the date the 
order awarding the MSM was published; and to determine it was not 
an error and therefore should not be included in his recordis 
insufficient. 

 

The applicant’s complete response is at Exhibit F. 

 

_________________________________________________________________ 

 

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 an error or injustice. The 
applicant's complete submission, to include his rebuttal, was 
thoroughly reviewed and his contentions were duly noted. 
However, we do not find the applicant’s assertions or the 
documentation presented in support of his appeal sufficient to 
overcome the rationale provided by the Air Force offices of 
primary responsibility. The applicant believes the emails he 
submitted supports his diligence to have the MSM filed in 
records, however, the fact remains the MSM was not awarded prior 
to the Board convening date of 8 Mar 10. Therefore, we agree 
with the opinions and the recommendations of the Air Force 
offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to 
sustain his burden of proof of the existence 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 AFBCMR Docket 
Number BC-2010-04121 in Executive Session on 26 Jul 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 Oct 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 1 Apr 11. 

 Exhibit D. Letter, AFPC/DPSIDR, dated 7 Apr 11. 

 Exhibit E. Letter, AFPC/DPSOO, dated 19 Apr 11. 

 Exhibit F. Letter, SAF/MRBR, dated 6 May 11. 

 Exhibit G. Letter, Applicant, undated. 

 

 

 

 

 

 Panel Chair