RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02732

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2007A (CY07A) Colonel Line Central Selection Board (CSB), be corrected to reflect his duty organization as “Joint Unmanned Aircraft System Center of Excellence (JUAS COE)," effective 17 Jul 06, and award of the Air Force Achievement Medal, First Oak Leaf Cluster (AFAM, 1OLC).

His record, to include the corrected OSB, be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY07A Colonel Line CSB.

By amendment, his record, to include the corrected OSB and his correct AF Form 475, Education/Training Report, rendered for the period 18 Oct 04 through 16 Feb 05, be considered for promotion to the grade of colonel by an SSB for the CY07A Colonel Line CSB.

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APPLICANT CONTENDS THAT:

His duty organization was listed incorrectly as “JCAD COE” on the CY07A OSB, 

The AFAM, 1OLC was not reflected on the OSB, nor was the citation included in his Officer Selection Record (OSR).

In support of his appeal, the applicant provides a copy of the CY07A OSB and documentation pertaining to the AFAM (1OLC) and his duty organization.

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 that the applicant is currently serving on active duty in the grade of lieutenant colonel, with a date of rank of 1 Jul 02.  His Total Active Federal Military Service Date (TAFMSD) is 28 May 86.

On 6 Nov 97, the Evaluation Reports Appeal Board (ERAB) corrected the period of the AF Form 475 to reflect 18 Oct 04 through 16 Feb 05.  However, the ERAB denied his request for SSB consideration.

By Special Order, dated 12 Dec 97, the applicant was awarded the AFAM, 1OLC for outstanding achievement during the period 1 Sep 94 to 25 Oct 97.

Applicant's Officer Performance Report (OPR) profile since 1997 follows:

	PERIOD ENDING	EVALUATION

	25 Mar 97			Meets Standards
	19 Mar 98			Training Report
	23 Mar 99		Removed by Order of the SAF
	23 Mar 00			Meets Standards
	23 Mar 01			Meets Standards
	29 Aug 01			Meets Standards
	19 Apr 02			Meets Standards
	19 Apr 03			Meets Standards
	19 Apr 04			Meets Standards
	19 Apr 05			Meets Standards
	19 Apr 06			Meets Standards
  #	28 Feb 07			Meets Standards

# Top Report at the time he was considered and nonselected for promotion to the grade of colonel by the CY07A Colonel Line CSB.

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AIR FORCE EVALUATION:

AFPC/DPAO recommends approval of the applicant’s request to correct his duty history indicating that his duty history was incorrect when his record was considered by the CY07A CSB.  They defer to AFPC/DPSOO regarding SSB consideration.

A complete copy of the AFPC/DPAO evaluation is at Exhibit C.

AFPC/DPSOO recommends denial of SSB consideration.  While AFPC/DPAO supports of the applicant's request regarding his duty organization, until the manpower and the Personnel Accounting System (PAS) tables are appropriately corrected to reflect the proper organization, no action can be taken to correct the OSB.  Applicant was advised of this on 3 Apr 07, prior to the CSB.  

According to AFPC/DPSOO, the Officer Preselection Brief (OPB) sent to eligible officers prior to a selection board contains data that will appear on the OSB at the central board.  The written instructions attached to the OPB specifically instruct the officer to carefully examine the brief for completeness and accuracy.  If any errors are found, corrective action must be taken prior to the selection board, not after it.  The applicant was sent an OPB when he was considered for promotion to the grade of colonel by the CY07A Colonel CSB and thus had the opportunity to ensure the decoration was filed in his OSR for this board and subsequent boards.  However, he failed to exercise due diligence and ensure the accuracy of his record.  Additionally, eligible officers meeting a board have the option to submit a letter to the board president addressing any matters of record concerning themselves that they believe are important to their consideration for promotion.  As such, the applicant could have written a letter to the board advising it of the error in his duty information and what should have been the correct organization.  He did not exercise this right.

A complete copy of the AFPC/DPAO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicates he has provided additional information for the Board’s consideration.  Also, in addition to his previous assertions and request for corrective action, the reporting period of his AF Form 475 closing 16 Feb 05 was incorrectly modified.  This resulted in the incorrect chronological placement of the AF Form 475 in his record.  He believes this may have created a misleading assessment of his duty performance during his last year of duty by the promotion board.  Since he believed the modified AF Form 475 impacted his promotion potential in a negative manner, he requested relief from the Air Force Personnel Center (AFPC).  The Evaluation Reports Appeal Board (ERAB) approved his request to correct the period of the report on the AF Form 475; however, they disapproved his request for an SSB.

He was subject to three errors/injustices when his record was considered by the CY07A board.  Despite the confirmation of the errors/injustices by the Air Force, he has been denied an SSB with his corrected record.  He respectfully asks the Board to grant his record SSB consideration.

Applicant’s complete response, with attachments, is at Exhibit F.

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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 regarding the applicant’s request that his CY07A OSB be corrected to reflect award of the AFAM, 1OLC, and his corrected record, to include the AFAM, 1OLC citation and the AF Form 475 closing 16 Feb 05, be considered by an SSB.  We note that his OSB did not reflect he had been awarded the AFAM, 1OLC, nor was the citation included in his OSR.  In addition, it appears that his AF Form 475 closing 16 Feb 05 was erroneously modified resulting in the training report being considered by the CY07A board with the wrong closing date and in the wrong chronological order.  The training report was subsequently corrected to reflect the proper closing date.  While it cannot be conclusively determined what impact the inaccurate record may have had on the applicant’s promotion opportunity, we believe it may have served to deprive him of fair and equitable consideration.  Accordingly, we recommend that his OSB be amended to include the AFAM, 1OLC on the CY07A OSB; and, his record, to include the corrected OSB, AFAM, 1OLC citation, and AF Form 475, be considered by an SSB.

4.  The applicant’s request that his CY07A OSB be corrected to reflect his duty organization as JUAS COE, effective 17 Jul 06, and, the corrected OSB be considered by an SSB, was noted.  However, while the evidence presented supports his assertion that his duty organization on the OSB was erroneous, the office of primary responsibility (OPR) has indicated that until the manpower and the PAS tables are corrected to reflect the proper organization, no action can be taken to correct the OSB.  Therefore, until such time as these tables have been updated, we opine it would be a moot point to recommend favorable action on the aforementioned request.  Notwithstanding this, we are not cognizant of any bar that precludes the applicant from exercising his right to write a letter to the CY07A SSB concerning this matter.

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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 Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2007A (CY07A) Colonel Line Central Selection Board (CSB), be corrected to reflect award of the Air Force Achievement Medal, First Oak Leaf Cluster (AFAM, 1OLC).

It is further recommended that his record, to include the corrected OSB, the AFAM (1OLC) Citation, and the AF Form 475, Education/Training Report, rendered for the period 18 Oct 04 through 16 Feb 05, be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY07A Colonel Line CSB and any subsequent boards for which the AFAM, 1OLC and the AF Form 475 were not matters of record.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02732 in Executive Session on 16 Apr 08, 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 25 Aug 07, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAO, dated 24 Sep 07.
     Exhibit D.  Letter, AFPC/DPSOO, dated 22 Oct 07.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Nov 07.
     Exhibit F.  Letter, applicant, dated 3 Dec 07, w/atchs.