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AF | BCMR | CY2013 | BC-2013-00151
Original file (BC-2013-00151.txt) Auto-classification: Denied
			RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2013-00151
				COUNSEL:  NONE
      				HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:


1.  He receive Special Selection Board (SSB) consideration for the Calendar Year (CY) 2006(C) Lieutenant Colonel (Lt Col) Promotion board with inclusion of the Combat Action Medal (CAM).

2.  The stratification statements contained in his Promotion Recommendation Form (PRF) be reviewed.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

1.  His CAM awarded in Feb 2008 for the period of Jul 2005 to Jan 2006 was not included in his selection folder for review by the lieutenant colonel promotion board.  

2.  The stratification statements on his Performance Recommendation Form (PRF) were not reflective of his performance.

3.  His supervisor was ambivalent and denied his request to discuss the stratification with his senior rater.  

In support of his request, the applicant provides copies of email correspondence with his senior rater, CAM certificate, PRFs, OPRs, letters of recommendation and DD Form            214, Certificate of Release or Discharge from Active Duty.  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 8 Dec 1992 to 31 Dec 2009.  On 1 Jan 2010, he retired in the grade of major (O-4).  

The CAM may be awarded to personnel who come under direct hostile fire for qualifying service from 11 Sep 01 to a date to be determined. 

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPSOO recommends denial of his request for an SSB.  DPSOO states that there is no evidence of an error or injustice to support SSB consideration.  The CAM was not on the list of approved awards and decorations available for review by the CY2006(C) Lt Col Promotion Board.  Furthermore, since the Given Under My Hand date reflected on the certificate is 8 Feb      08, this award could not have been part of his Officer Selection Record (OSR) when the board convened on 28 Nov 2006.  

The complete DPSOO 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 24 Feb 2013 for review and comment within 30 days (Exhibit D).  As of this date, this office has not received a response.

_________________________________________________________________

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 to warrant SSB consideration. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Regarding the applicant’s request to review the stratifications in his PRF, we note that his senior rater explained her rationale for the stratification statements in an email to the applicant dated, 21 December 2012.  Moreover, we are not persuaded by the evidence that the stratification statements contained in the PRF reviewed by the CY06 Lt Col Promotion board were not consistent with his complete record of performance.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered. 

_________________________________________________________________

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-2013-00151 in Executive Session on 26 Sep 2013 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered
Exhibit A.  DD Form 149, dated 26 Dec 2012, w/atchs.
Exhibit B.  Applicant’s Military Service Records
Exhibit C.  Letter, AFPC/DPSOO, dated 30 Jan 2013
Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 2013




				 												
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