RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04121 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records, to include the deployed Letter of Evaluation (LOE) rendered for the period 23 Mar 09 through 14 Sep 09 and the Meritorious Service Medal (MSM) he was awarded for the period 23 Mar 09 through 20 Sep 09, be considered for promotion by a Special Selection Board (SSB) for the Calendar Year 2010 (CY10) Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he was not selected for promotion to lieutenant colonel due to his deployed LOE and MSM not being in his records prior to the convening of the Board. In support of his appeal the applicant provides copies of 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 active duty in the grade of major. The applicant has one promotion nonselection to the grade of lieutenant colonel by the CY10 CSB. The applicant did not file an appeal through the Evaluation Reports Appeals Board (ERAB). However, the ERAB reviewed his application and denied relief. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C through E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial since filing of the deployed LOE is not authorized because the applicant was not serving as a squadron, group, or wing commander during the period in question, nor appointed by “G” Series orders. The Chief of Staff of the Air Force (CSAF) implemented procedures for documenting performance of deployed commanders filling a squadron, group, or wing commander position in the deployment environment. The procedures require the performance of all commanders, who are on “G” Series orders be documented and included in the officer’s performance record. The deployed commander LOE is mandatory for all deployed airmen, through the grade of colonel, serving as a commander for 45 days or more in support of named operations. In addition, the information from his LOE may be included in his next performance report; and should he request a promotion board consider this specific information, he can address the promotion board through written correspondence and attach the transitional LOE. The complete AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSIDR recommends denial. DPSIDR states the applicant was originally recommended for award of the Defense Meritorious Service Medal (DMSM); but was approved for an MSM on 17 Mar 10. DPSIDR notes the MSM is awarded for outstanding noncombat meritorious achievement or service to the United States. The level of achievement or service is less than that required for the Legion of Merit (LOM). Furthermore, DPSIDR finds no discrepancy in the timeframe between his closeout date and the approval date. The complete AFPC/DPSIDR evaluation is at Exhibit D. AFPC/DPSOO concurs with DPSIDEP’s recommendation to deny inclusion of the contested LOE in the applicant’s OSR. DPSOO notes that all eligible officers meeting a CSB have the option to submit a letter to the board president to address any matter of record concerning themselves which they believe is important to their promotion consideration. The applicant did not exercise his right to submit a letter to the promotion board with the LOE as an attachment for the board members to consider. DPSOO further recommends denying inclusion of the MSM in the applicant’s OSR. The MSM was awarded after the convening of the board; and its absence was not an error as it did not exist prior to the convening of the board. If the applicant wishes, he can pursue through Army administrative channels to have the permanent order and date on the citation changed to a date prior to the convening of the board. The AFPC/DPSOO complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant believes that not having the MSM in his OSR put him at a disadvantage to his peers in the promotion process. He further believes the email trail he previously submitted clearly shows the efforts he made to resolve this issue prior to the convening of the board. In addition, to just look at the date the order awarding the MSM was published; and to determine it was not an error and therefore should not be included in his recordis insufficient. The applicant’s complete response 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant's complete submission, to include his rebuttal, was thoroughly reviewed and his contentions were duly noted. However, we do not find the applicant’s assertions or the documentation presented in support of his appeal sufficient to overcome the rationale provided by the Air Force offices of primary responsibility. The applicant believes the emails he submitted supports his diligence to have the MSM filed in records, however, the fact remains the MSM was not awarded prior to the Board convening date of 8 Mar 10. Therefore, we agree with the opinions and the recommendations of the Air Force offices of primary responsibility and adopt their rationale a s the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2010-04121 in Executive Session on 26 Jul 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Oct 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 1 Apr 11. Exhibit D. Letter, AFPC/DPSIDR, dated 7 Apr 11. Exhibit E. Letter, AFPC/DPSOO, dated 19 Apr 11. Exhibit F. Letter, SAF/MRBR, dated 6 May 11. Exhibit G. Letter, Applicant, undated.