RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00071
		INDEX NUMBER:  131.00
		COUNSEL:  None

		HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  6 Jul 07

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APPLICANT REQUESTS THAT:

The Training Report (TR) rendered on him for the period    27 Feb 04 through 13 Jun 05 be included in his Officer Selection Record (OSR) considered by the Calendar Year 2005A (CY05A) Central Lieutenant Colonel Selection Board 

He be considered for promotion to the grade of lieutenant colonel by special selection board (SSB) for the CY05A Central Lieutenant Colonel Selection Board with the corrected record.

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APPLICANT CONTENDS THAT:

Due to a clerical error, the TR rendered on him for Intermediate Developmental Education (IDE) was not included in his OSR.  As a result, he believes, the promotion selection board did not know of his accomplishments/honors, which included distinguished graduate (DG), his ranking as the #1 graduate of 7 and his selection for an internship at DARPA.

He exercised due diligence to ensure his records were complete prior to the selection board.

In support of his appeal, applicant provides several letters of support and a copy of the referenced TR.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  He was considered but not promoted to the grade of lieutenant colonel below-the-promotion-zone (BTZ) by the CY05A Central Lieutenant Selection Board (6 Jul 05).

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  They note that officers being considered by central promotion boards have TRs with different closeout dates and that it is not realistic to hold the Air Force accountable for the expedition of reports that close out in proximity to those boards.  AFPC/DPPPO further notes that AFI 36-2406, paragraph 6.5.1.3, Officer and Enlisted Evaluation Systems states that TRs on extended active duty (EAD) officers are due at HQ AFPC no later than 60 days following closeout of the report.  The contested TR was not required to be on file until 13 Aug 05.  To allow promotion consideration by SSB based on inclusion of reports not required to be in the OSR would be unfair to other officers similarly situated.

AFPC/DPPPO notes the applicant provides a letter from personnel at IDE stating a copy of the TR was faxed on 1 Jul 05.  However, AFPC/PBR1 had no record of the TR being faxed when contacted.  AFPC/DPPPO further notes the applicant’s option of submitting a letter to the board president to address any matter of record concerning him he believed important to his promotion consideration.  Finally, AFPC/DPPPO states the selection board members were aware of the applicant’s in-residence IDE completion due to an entry on his Officer Selection Brief (OSB) in the “Developmental Education” section.  They attach a copy of the applicant’s OSB.

The complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds to AFPC/DPPPO’s evaluation by addressing the four paragraphs under the facts and comments section as follows:

	  a.  Regarding DPPPO’s assertion that it is not realistic to hold the Air Force accountable for expedition of reports that close out in proximity to promotion boards, the applicant indicates he believes that TRs from the same school should be treated the same.  The applicant states that what DPPPO does not indicate is that most of the TRs that closed out the same date as his were in the members’ Officer Selection Record (OSR) for his promotion board.

	  b.  The applicant indicates the statement by DPPPO that AFPC/DBR1 had no record of his TR being faxed is the main contention of his appeal.  He does not believe an administrative error should prevent his complete OSR from meeting the promotion board.  The applicant states it was the Air Force Institute of Technology’s (AFIT) intent to have his TR included in his OSR.

	  c.  The applicant states he was aware of the option to write a letter to the board president, but when he was advised his TR had been forwarded to AFPC elected not to exercise this option.

	  d.  The applicant states that while the board may have been aware of his attendance to AFIT/IDE, it was the honors he “accumulated” that were important.

The applicant reiterates that his appeal is based on what should have happened with his TR not what was required to have happened.

The applicant’s complete response is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The Board notes the support the applicant has from his rating chain regarding his application.  Based on the letter from the Associate Dean of the school the applicant attended at AFIT, steps were taken to expedite the Training Reports (TR) of all the graduates of the AFIT IDE program so they might be included in the Officer Selection Records (OSR) of all those officers eligible for promotion consideration by the CY05A Lieutenant Colonel Central Selection Board.  However, it appears that for some reason the applicant’s TR did not make it into his OSR while other graduates of the program did.  We have no way of knowing whether the missing TR would have made a difference in the applicant’s promotion results, but given the applicant’s stellar performance and status as the number one graduate of the program, we believe it is an injustice for his TR not to be included in his OSR while other graduates were.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Education/Training Report, AF IMT 475, rendered for the period  27 Feb 04 thru 13 Jun 05 was accepted for file in his Officer Selection Record (OSR) on 2 Jul 05.

It is further recommended the applicant be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY05A Lieutenant Colonel Central Selection Board.

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The following members of the Board considered Docket Number BC-2006-00071 in Executive Session on 2 May 2006, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Dec 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 16 Mar 06.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Mar 06.
     Exhibit E.  Memorandum, Applicant, dated 21 Apr 06.

                                   

AFBCMR BC-2006-00071

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Education/Training Report, AF IMT 475, rendered for the period  27 Feb 04 thru 13 Jun 05 was accepted for file in his Officer Selection Record (OSR) on 2 Jul 05.

	It is further directed that the applicant be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY05A Lieutenant Colonel Central Selection Board.