RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02357
		INDEX CODE:  131.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to meet Special Selection Boards (SSBs) for reconsideration of his non-selection to Colonel (0-6) by the Below-the-Primary Zone (BPZ) CY06A and CY07A promotion boards.
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APPLICANT CONTENDS THAT:

The Air Force has a policy of including post-September 11, 2001, deployment history on the Air Force Officer Preselection Brief (OPB) and not including pre-September 11, 2001 deployment history.  He believes this policy may have inadvertently and unjustly penalized him by making his record look like he never deployed.  He has deployed overseas many times during his career, including three operations where he flew B-1 Bombers in combat missions.  However, his OPB deployment history is blank which may have given the promotion boards the impression that he has never deployed and potentially hurt his overall promotion score.

In support of the application, the applicant submits his personal statement, his OPB, the CY06A Promotion Recommendation Form (PRF), the CY07 PRF, his letters to the CY06A and CY07A Promotion Boards.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is a lieutenant colonel with a date of rank of 1 Apr 04.  He is currently assigned as a student attending Air War College.  He has two non-selections BTZ for promotion to the grade of colonel by the CY06A (15 May 06) (P0606A) and the CY07A (9 Apr 07) (P0607A) Colonel Central Selection Boards (CSBs) with inclusion of a letter to each applicable board.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ AFPC/DPSOO found no evidence to show that the applicant's not selected for BPZ promotion to colonel by the P0606A and P0607A boards were a result of a material error or injustice.  

DPSOO states Military Personnel Flight Memorandums (MPFMs) sent to eligible officers meeting the P0606A and P0607A boards and attached instructions specifically stated that only completed deployments of 45 days or more and with a start date of 11 Sep 01 or later will be displayed on the OSB.  DPSOO declares had the applicant carefully read the memorandums he would have seen the criteria for deployment history and noted that his deployments did not fall within these guidelines.  At that time, he could have written a letter to the board regarding his deployment history concerns.  The time to submit a letter to the board is prior to convening of the original boards, not after his nonselection for promotion.

The complete DPSSO evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 16 Oct 07, the applicant states the MPFMs led him to believe that information pertaining to his deployments prior to 11 Sep 01 would be readily available to the boards as any other deployments.  His assumption was incorrect because people who deployed after 11 Sep 01 had their deployment history listed on their Officer Selection Brief (OSB) as part of their promotion folders which were given to board members, whereas MilPDS documents listing TDY history were not.  It was not until the CY06A board that he realized the absence of deployment history on the OSB might cause promotion board members to question his deployment history.  Had he been better educated on the promotion process before either of his colonel promotion boards, he would have certainly written a letter to make certain the promotion boards were aware of his actual deployment history.  

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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's contentions were duly noted; however, we found no evidence which would persuade us of the existence of an error in the OSBs prepared for the CY06A and CY07A selection boards nor are we persuaded by his assertions that he has been the victim of an injustice.  We found no evidence which would lead us to believe that the OSBs were prepared contrary to the provisions of Air Force policy or that he was placed in a position different than other similarly situated individuals.  Further, a review of his complete OSR contents reveals that there was evidence of his deployments available to the promotion boards as indicated in his Officer Performance Reports rendered prior to September 11, 2001.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice.  Based on the foregoing, we find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application in Executive Session on 21 Dec 07 under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-02357:

    Exhibit A.  DD Form 149, dated 20 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOO dated 20 Sep 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.
    Exhibit E.  Letter, Applicant, dated 16 Oct 07.