RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00294
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 2002B Colonel Central Selection Board (CSB), his two-year below-the-promotion zone (BPZ) consideration, with inclusion of the Air Force Commendation Medal (AFCM), Third Oak Leaf Cluster (3OLC) for the period closing 13 January 1997, and Air Force Achievement Medal (AFAM) (Basic), for the period closing 8 January 1999, in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

When he requested a copy of his promotion record folder that met the CY02B promotion board, the “As Met” record did not contain an accurate picture of his performance to that date.  Thus, he does not believe the board had all available information to determine if he was eligible or able to serve in the higher grade.

In support of the appeal, applicant submits a personal statement, a Memorandum for Record from AFPC, a Records Review Listing, “As Met” record for the CY02B promotion board, a copy of his AFCM (3OLC), and a copy of his AFAM.  Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of lieutenant colonel.  Applicant was considered BPZ by the CY02B (3 December 2002) and CY03B (27 October 2003) CSBs, and was not selected for promotion to the grade of colonel.  The applicant’s OPR profile since 1991, follows:

       PERIOD ENDING              EVALUATION OF POTENTIAL

          1 Jul 91	    Meets Standards (MS)
          1 Jul 92	             MS
         31 Aug 93	             MS
         30 Jun 94	             MS
          9 Mar 95	             MS
          9 Mar 96	             MS
          9 Mar 97	             MS
          9 Mar 98	             MS
          9 Mar 99	             MS
          9 Mar 00	             MS
          9 Mar 01	             MS
          3 Jun 02	Education/Training Report (TR)
          8 Dec 02	         MS

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AIR FORCE EVALUATION:

In reference to the applicant’s contentions AFPC/DPPPO states that although the citations for the AFCM, 3OLC, and AFAM (Basic) were missing from the applicant’s OSR for the CY02B board, the board members were aware of the decorations as they were listed on the applicant’s Officer Selection Brief (OSB) and thus, factored into the promotion evaluation.  Furthermore, each eligible officer for promotion receives an Officer Preselection Brief (OPB) 90-100 days prior to the CSB convening date.  The additional instructions attached to the OPB instruct the officer to ensure his record contains all awarded decoration citations.  If any are missing, he should provide copies to his Military Personnel Flight for transmittal to AFPC/DPPBR1 for inclusion in his OSR.  In this case, the applicant did not provide any documentation demonstrating that he exercised due diligence in ensuring these missing citations were filed in his OSR prior to convening of the CY02B board.  In addition, they want to point out that the AFCM, 3OLC, and AFAM (Basic), were also listed on his OSB that met the CY99A (19 April 1999) Lieutenant Colonel CSB (board from which he was selected for promotion to lieutenant colonel), but apparently the citations were not filed in his OSR.  Since it is the officer’s responsibility to ensure the accuracy of his record, they believe that had he checked his OSR prior to the CY99A and CY02B CSBs he would have noticed the missing citations and taken timely corrective action.  The citations for the AFCM, 3OLC, and AFAM (Basic), were filed in the applicant’s OSR on 28 October 2003.

In summary, AFI 36-2501, paragraph 6.3.2.2, states “Do not have an SSB if, by exercising reasonable diligence, the officer should have discovered the error or omission and could have taken corrective action before the originally scheduled board convened.”  They do not believe the applicant exercised reasonable diligence in the maintenance of his record; therefore, they recommend denial of the applicant’s request.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

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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 probable error or injustice.  After reviewing the evidence of record, the majority of the Board is not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, it is the opinion of the majority of the Board that the detailed comments provided by the appropriate Air Force office adequately address those allegations.  Therefore, the majority of the Board agrees with the opinions and recommendation of the Air Force and adopts their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  Mr. X voted to correct the records but does not desire to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Jan 04, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPO, dated 2 Mar 04, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.

                                   Panel Chair

AFBCMR BC-2004-00294

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided substantial evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							Director
							Air Force Review Boards Agency