RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03659 INDEX CODE: 136.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record, to include the Officer Performance Report (OPR) rendered for the period 2 May 2007 through 1 August 2008, the Meritorious Service Medal (MSM) for the period 18 May 2005 to 30 June 2008, and an Officer Selection Brief (OSB) reflecting his one year deployment to Iraq from 2007 to 2008, be considered for promotion to the grade of colonel (Col) by a Special Selection Board (SSB) for the Calendar Year 2008A (CY08A) Col Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: His records had three significant omissions. His OPR closing 1 August 2008, his MSM closing 30 June 2008, and documentation to reflect his one year deployment. Any of these items could have affected his promotion scores. In support of his request, the applicant provided a personal statement and documents extracted from his military personnel records. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on extended active duty in the grade of lieutenant colonel having assumed that grade effective and with a date of rank of 1 May 2003. The applicant was awarded the MSM for the period 18 May 2005 to 30 June 2008. The applicant was considered and not selected for promotion to the grade of Col by the CY08A (12 May 2008) Col CSB. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID has no action since there is no May 2008 OPR, and based on the deployment, a May 2008 OPR was not required. DPSID states the applicant contends that his May 2008 OPR was not in his record for the CY08A promotion board. Unfortunately for the applicant, he did not receive an annual OPR in May 2008. It appears that due to his deployment, the close out date was extended out to 1 August 2008, with 60 days supervision. There is no error or injustice in regards to the OPR preparation. The complete DPSID evaluation is at Exhibit C. AFPC/DPSOO recommends denial. DPSOO states the applicant contends that his MSM (4OLC) was missing from his record when it met the board. He did not provide a copy of the special order and citation; however, DPSOO was able to obtain a MilPDS Decorations Printout showing that the MSM (4OLC) closed out 30 June 2008 and was awarded in July 2008. As such, based on the July 2008 date, the decoration was not updated in the personnel data system nor was the citation filed in his OSR for the CY08A CSB that convened on 12 May 2008. The applicant's request to include his deployment from 5 September 2007 to 8 September 2008 in the deployment history section on his CY08A OSB is unfounded. As stated in the Military Personnel Flight Memorandum (MPFM) 07-87, dated 14 December 2007, only completed deployments of 45 days or more and with a start date of 11 December 2001 or later will be displayed on the OSB. Since he completed his deployment on 8 September 2008, after the 12 May 2008 board convening date, it does not qualify to be reflected on the OSB for the promotion process. Eligible officers meeting a CSB have the option to submit a letter to the board president addressing any matter of record concerning themselves that they believe is important to their consideration for promotion. As such, the applicant could have written a letter to the board members informing them of the accomplishments mentioned in his report and MSM citation, and addressed his deployment. DPSOO has verified that he did not elect to exercise this entitlement. The time to submit a letter to the board is prior to convening of the original board, not after his nonselection for promotion to the grade of colonel. The complete DPSOO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states the contested OPR was not on file in his OSR before the CY08A promotion board due to his supervisor failing to complete the report. Not having this critical report in his record for the promotion board was an error and caused a serious injustice. In regard to the missing MSM, when he left for his predeployment Combat Skills Training in May 2007, an MSM package was prepared and submitted for the period from May 2005 to May 2007. However, due to an oversight by the losing unit, and the MPF not understanding that 365-day deployers remain assigned to their last unit, the MSM did not make it into his records before the convening of the promotion board. In regard to missing deployment history: the actual in-theater dates of his deployment are 30 August 2007 to 27 August 2008, not the September dates referenced in the Air Force evaluation. Since his May 2008 OPR never made it into his records, the CY08 promotion board had no way of knowing he was deployed in support of OPERATION IRAQI FREEDOM. The DPSOO evaluation states that he should have taken time to write a letter to the board president prior to the CSB. During this period, he was leading a joint coalition group of transition team advisors and acted as the senior advisor to the Iraqi Army base commanding general. They lived with the Iraqi Security Forces; he rarely had internet access or even reliable phones. He admits he was much more focused on commanding his deployed team, keeping them safe in a war zone, rather than correcting his records. The applicant's complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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 an error or injustice warranting partial relief. The applicant contends that the contested OPR was not in his records prior to the convening of the promotion board because his rater failed to complete an annual report. As a result, the board did not have a full picture of his duty history and performance. After a review of the evidence of record, it appears that the applicant's contentions have some merit. In support of his appeal the applicant provided a draft OPR signed by his rater closing on what should have been the annual close-out date, leading us to believe that some effort was made to close-out his report in a timely manner. However, for unexplained reasons the close-out date was extended through August 2008. Thus, finding no rational reason why the report was extended we believe doing so resulted in an injustice to the applicant. Regarding his contentions that his MSM (4OLC) was not included in the CY08 promotion process, we note that the MSM covers the period 18 May 2005 through 30 June 2008. During this period, as mentioned in the introductory sentence, he performed duties as a squadron commander then was assigned as group commander. However, the applicant's accomplishments mentioned in the decoration are limited to those he performed as a squadron commander and accomplishments performed as group commander were omitted. Therefore, it is our opinion that the close-out date of the MSM should reflect the dates the applicant performed duties as squadron commander as this appears to be the original intent and that the close-out date be adjusted to reflect 30 May 2007. Further, it is our opinion that the aforementioned OPR and MSM should be placed in his OSR for the CY08 selection board and he should receive consideration by an SSB for promotion. 4. Notwithstanding the above, we agree with the opinion and recommendation of AFPC/DPSOO regarding his request that his OSB be amended to include his deployment. Since he had not completed his deployment at the time of the convening of the board, it's annotation on his OSB would not be in compliance with policy in effect at the time. Accordingly, we recommend the applicant's records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On 10 May 2008, rather than 1 July 2008, he was awarded the Meritorious Service Medal, Fourth Oak Leaf Cluster, (MSM, 4OLC), for meritorious service during the period 18 May 2005 to 30 May 2007, rather than for the period 18 May 2005 to 30 June 2008. b. The AF Form 707, Officer Performance Report (OPR), rendered for the period 2 May 2007 through 1 August 2008, be amended in Section I to show the “Thru” date in Item 8 as 1 May 2008. It is further recommended that his record, to include the above corrected MSM, 4OLC and OPR, be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the Calendar Year 2008A (CY08A) Colonel Central Selection Board and any subsequent boards for which the MSM, 4OLC and OPR were not matters of record. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2008-03659 in Executive Session on 24 February 2009, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 September 2008, w/atchs. Exhibit B. Applicant's Military Personnel Record. Exhibit C. Letter, AFPC/DPSID, dated 3 November 2008. Exhibit D. Letter, AFPC/DPSOO, dated 19 November 2008, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 5 December 2008. Exhibit F. Letter, Applicant, dated 26 December 2008, w/atchs. AFBCMR BC-2008-03659 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 XXX, be corrected to show that: a. On 10 May 2008, rather than 1 July 2008, he was awarded the Meritorious Service Medal, Fourth Oak Leaf Cluster, (MSM, 4OLC), for meritorious service during the period 18 May 2005 to 30 May 2007, rather than for the period 18 May 2005 to 30 June 2008. b. The AF Form 707, Officer Performance Report (OPR), rendered for the period 2 May 2007 through 1 August 2008, be, and hereby is, amended in Section I to show the “Thru” date in Item 8 as 1 May 2008. It is further directed that his record, to include the above corrected MSM, 4OLC and the OPR, be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the Calendar Year 2008A (CY08A) Colonel Central Selection Board and any subsequent boards for which the MSM, 4OLC and OPR were not matters of record.