RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02068 (Case 3)
		INDEX CODE:  131.00, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His decoration citations and a copy of his American College of Healthcare Executives (ACHE) diploma be placed in his Officer Selection Record (OSR).

He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY04A (P0504A) Lieutenant Colonel, Medical Service Corps (MSC), Central Selection Board, with his corrected record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to the P0504A selection board, he requested and received a complete copy of his OSR.  All the required documents, to include the decoration citations and ACHE diploma, were electronically sent to him on 3 February 2004.  Subsequent to his nonselection for promotion, he requested and received the electronic copy of his “As Met” P0504A OSR on 14 June 2004 and the citations and ACHE diploma were missing.  The absence of the referenced documents from his OSR adversely affected the selection board’s decision.

In support of his request, applicant submits a personal statement, copies of the “As Met” OSR and the missing documents.  The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 9 August 1987.  He is currently serving on active duty in the grade of major, with an effective date and date of rank of 1 October 1998.  The following is a resume of his Officer Performance Report (OPR) ratings subsequent to his promotion to that grade.

		Period Ending	Evaluation

		   15 Apr 99	Meets Standards (MS)
		#  15 Apr 00	     MS
		   15 Apr 01	     MS
		## 15 Apr 02	     MS
		###15 Apr 03	     MS

# Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY02A Central Lieutenant Colonel Board, which convened on 19 February 2002.

## Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY02C Central Lieutenant Colonel Board, which convened on 3 December 2002.

### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY04A Central Lieutenant Colonel Board, which convened on 1 March 2004.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPB recommends the application be denied.  DPPB states the decorations in the OSR contain file dates pre-dating the board convening (file dates ranged from September 1999 - January 2002 and are typically stamped on the bottom of the document or on the reverse side).  The OSR also reflects the diploma for ACHE was filed in the OSR prior to the board (date of filing was 6 August 2003).  Additionally, the applicant’s Officer Selection Brief (OSB) references all awarded decorations as well as his board certification.  The applicant’s record was reviewed no fewer than four times prior to the convening of the board.  During the board, his OSR was reviewed by five board members.  There is no indication any of these reviews discovered the documents to be missing.  Applicant’s request to place the referenced documents in his OSR is moot, as the documents are there and by all evidence were there for the promotion board.  It is much more likely that an administrative error resulted in the applicant receiving an incomplete “as met” set of copies.  The HQ AFPC/DPPB evaluation is at Exhibit C.

HQ AFPC/DPPPO’s evaluation of applicant’s request requires them to rely on the opinions of other Air Force experts.  As such, DPPPO has reviewed DPPB’S advisory and, based on their findings, recommends the applicant’s request for SSB consideration be denied. The HQ AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 8 October 2004 for review and response.  As of this date, no response has been received by this office (Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we are unpersuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, in our opinion, the detailed comments provided by the appropriate Air Force office (HQ AFPC/DPPB) adequately address those allegations.  We note the applicant’s Officer Selection Brief (OSB), prepared for the selection board in question, referenced all of his awarded decorations as well as his board certification.  Hence, the selection board was aware the applicant had received the stated awards as well as his board certification.  Additionally, considering the number of reviews a selection record goes through prior and during the convening of a selection board, if the documents were missing, we believe they would have been caught during one of these reviews.  We, therefore, believe an administrative error resulted in the applicant receiving an incomplete “as met” set of copies of his selection record.  In view of the above, we agree with the opinion and recommendation of HQ AFPC/DPPB and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In absence of persuasive evidence to the contrary, we find no compelling 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 this application in Executive Session on 2 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02068.

   Exhibit A.  DD Form 149, dated 18 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPB, dated 17 Sep 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 30 Sep 04.
   Exhibit E.  Letter, SAF/MRBR, dated 8 Oct 04.