RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  94-02460
            INDEX NUMBER:  111.01; 111.05
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given reconsideration  for  promotion  by  Special  Selection
Boards (SSBs) for the Calendar Year (CY) 1992B (16  November  1992)
and CY93A (12 October 1993) Lieutenant Colonel Boards.

By letter of amendment, dated 1 July 1994, applicant requested that
the Officer Effectiveness Reports (OERs)  closing  2  August  1975,
29 February 1976, and 28 February 1977, be removed from his records
and that he be given consideration for promotion to  the  grade  of
lieutenant colonel by Special Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to the CY92B Lt Colonel Board, his records were reviewed  and
graded by a pre-selection board in violation of AFR 36-10.

There was an error and injustice by the Management Level Evaluation
Board (MLEB) for the CY93A Lt  Colonel  Board.   On  the  Promotion
Recommendation (PRF) prepared for the CY93A Lt Colonel  Board,  his
senior rater stated he was his "top choice for promotion"  for  the
0593A Lt Colonel's Board.  According to AFR 36-10,  as  the  senior
rater's top choice, he should have received a "Definitely Promote."

There were two administrative errors on his selection brief for the
CY93A Lt Colonel Board.  The first error was with his duty history.
 He had been reassigned prior to the board meeting in October 1993.
 Yet, at the time the Board met, his  duty  history  reflected  his
previous assignment.  His duty history did not  show  that  he  had
completed a Joint Duty Assignment.  This omission directly impacted
his promotion potential.

The second error was that the  Defense  Meritorious  Service  Medal
(DMSM) from his previous duty station was not in  his  records  for
the CY93A Lt Colonel Board.   Several  administrative  errors,  all
beyond his control, prevented him from receiving this  medal  in  a
timely  manner.   This  error  severely  impacted   his   promotion
potential.

In  support  of  his  request,  applicant  provided  his   personal
statements, copies of the PRF and  Officer  Selection  Board  (OSB)
reviewed by the  CY93A  Lt  Colonel  Board,  two  duty  information
extracts from the Personnel Data System (PDS), prepared in Oct  and
Dec 1993, and documentation concerning his attempt  to  update  his
duty history and the processing of the DMSM.

In his amended  request,  applicant  contends  that  his  selection
folder contained controlled OERs.  The Air Force  has  acknowledged
controlled OERs were based on a flawed and unjust  system.   During
the CY92B and CY93A Central Lieutenant Colonel Boards, his  records
were unfairly compared with records  of  peers  who  did  not  have
controlled OERs.

Applicant provided copies of the contested OERs  and  several  news
articles to substantiate his request.

Applicant’s complete submissions are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 29 June 1973, applicant  was  appointed  as  second  lieutenant,
Reserve of the Air Force.  He was ordered to extended  active  duty
on 1 November 1973.  He served  on  continuous  active  duty  until
31 October 1977, when he was voluntarily released from active  duty
and transferred to the Reserve of the Air Force.   On  26  December
1981, he was voluntarily ordered to active duty  in  the  grade  of
first lieutenant.  He was integrated into the Regular component  on
6 December 1985, and progressively promoted to the grade of  major.
Information extracted from  the  automated  personnel  data  system
(PDS) reflects applicant was released from active duty on 31 August
1994, and retired effective 1 September 1994 (retirement for  years
of service established by law (15-19 years)).  At that time, he was
credited with 16 years, 8 months, and  5  days  of  active  Federal
service.

Applicant's OER/OPR profile follows:

    PERIOD CLOSING               OVERALL EVALUATION

     30 Apr 74   Outstanding/Promote Well Ahead
            of Contemporaries
     31 Oct 74   Outstanding/Consider For
            Advancement Ahead of
            Contemporaries
  *   2 Aug 75   2-2-3
  *  29 Feb 76   2-2-2
  *  28 Feb 77   1-1-3
      1 Mar 77 - 25 Dec 81 -- Not rated due to break in service.
      2 Aug 82   Education/Training Report
      2 Aug 83   1-1-1
      2 Aug 84   1-1-1
     14 Dec 84   Education/Training Report
            (w/LOE)
     30 Jun 85   1-1-1
      2 Mar 86   1-1-1
      2 Mar 87   1-1-1
      2 Mar 88   1-1-1 (w/LOEs)
      1 Jan 89   Meets Standards
      1 Jan 90   Meets Standards
     30 May 90   Education/Training Report
     30 May 91   Meets Standards
     30 May 92   Meets Standards
  #  17 Jul 92   Education/Training Report
 ##  30 May 93   Meets Standards
     30 May 94   Meets Standards

* Contested reports.

# Top report in file when considered and nonselected for  promotion
by CY92B (16 Nov 92) Central Lieutenant Colonel Board.

## Top OPR in file when considered and nonselected for promotion by
CY93A (12 Oct 93) Central Lieutenant Colonel Board.

Documentation provided by the applicant indicates  he  was  awarded
the DMSM per Permanent Order 103-6, dated 16 November 1993.

On 18 August 1994, the AFBCMR considered and denied an  application
submitted by applicant requesting that the Promotion Recommendation
(PRF) reviewed by the CY92 Lieutenant Colonel Board be  revised  to
reflect his Honor (Distinguished) Graduate  accomplishment  at  the
Basic  Weapons  Controller   School,   and   that   he   be   given
reconsideration for promotion by an SSB.  (Exhibit C)

___________________________________________________________________

AIR STAFF EVALUATION:

The  Evaluation  Boards   Branch,   AFMPC/DPMAEB,   reviewed   this
application and recommended denial.  They stated AFR 36-10  permits
large  management  levels  to  conduct  evaluation  boards  at  the
Numbered Air Force level.  The Numbered Air Force conducts  such  a
board with the advice and consent  of  the  management  level,  the
Major Command (MAJCOM).  Subordinate evaluation boards do not round
up when calculating "Definitely Promote" allocations.   Applicant's
MAJCOM MLEB did round up and awarded the last  of  the  carry  over
allocations.  DPMAEB stated  that  it  appears  applicant's  senior
rater did not reflect his true standing.  They suspect  the  senior
rater was attempting to express that applicant was his top eligible
who received a "Promote" recommendation.  Though  clearly  the  PRF
does not say that.  (Exhibit D)

The Evaluation Procedures Branch, AFMPC/DPMAJEP, recommended denial
of applicant's request to void the three contested  OERs.   DPMAJEP
found no violation of regulatory provisions that would justify  the
removal of the controlled OERs.  (Exhibit E)

The Selection Board  Secretariat,  AFMPC/DPMAB,  provided  comments
concerning the controlled OER era.  DPMAB stated that, effective in
1992, the information about controlled OERs was no longer  included
in the Secretarial guidance to  central  selection  board  members.
The rationale being that controlled OERs were at least 14 years old
and of minimal value in the promotion potential assessment made  by
the board members.

DPMAB noted that the Selection Board Secretariat staff is  required
to observe all board deliberations and opined that controlled  OERs
have rarely been used in the last  few  years  as  a  tie  breaker.
(Exhibit F)

The Appeals and SSB Branch,  AFMPC/DPMAJA,  recommended  denial  of
applicant's requests.  Their comments, in part, follow:

Noting applicant's claim that the OSB reviewed by the  CY93A  board
did not reflect his current duty information,  DPMAJA  stated  that
although this appears  to  be  a  technical  error,  they  deferred
decision pending finalization of the case by the AFBCMR.

Regarding the omission of the DMSM from  applicant's  OSR  for  the
CY93A board, DPMAJA stated citations and  special  orders  must  be
forwarded for file by the award authority within  60  days  of  the
date the special orders are published.  Documents provided  by  the
applicant indicate the awarding order is dated  16  November  1993,
after the CY93A board adjourned.  They recommended  denial  of  the
request.

They recommended applicant's request to void  the  three  contested
controlled OERs be time-barred.   The  applicant  has  provided  no
evidence to  substantiate  the  contested  reports  are  flawed  or
unjust.

The complete DPMAJA evaluation is at Exhibit G.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

Applicant disagreed with the advisory opinions and offered comments
addressing specific issues in each of the advisories.

He stated while  AFR  36-10  permits  large  management  levels  to
conduct evaluations boards at the Numbered Air Force level, it does
not authorize a  "rack  and  stack"  process  to  award  Definitely
Promote (DP) allocations.

Applicant provided comments addressing the controlled OER  era  and
stated that this allegation should not be time-barred.

He further stated that DPMAJA admits there was a "technical  error"
with his duty history on the OSB for the CY93A Board.  The deferral
on making a decision seems to be a waste of both time and taxpayers
money.

Applicant  contends  that  DPMAJA  completely  missed   the   point
concerning the DMSM.   The  relevant  point  is  the  foul-up  with
getting the medal through channels  in  a  reasonable  time.   This
error was beyond his, and perhaps anyone  else's  control,  yet  it
severely impacted his promotion.

Applicant's complete response is at Exhibit I.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The portion of the application pertaining to the  OERs  closing
2 August 1975, 29 February 1976, and  28  February  1977,  was  not
timely filed; however, it is in the interest of justice  to  excuse
the failure  to  timely  file.   The  portion  of  the  application
pertaining to applicant’s considerations for promotion by the CY92B
and CY93A Lieutenant Colonel Boards was timely filed.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of probable injustice with respect to the OER closing
28 February 1977.  After reviewing the reviewer’s comments  on  the
contested OER, it is our opinion  that  the  report  was  based  on
factors other than the applicant’s performance during the contested
rating period.  Specifically, the rater stated that  he  downgraded
this OER only because the applicant had a date of separation within
one year.  Based on the  foregoing,  we  believe  it  would  be  an
injustice for this report to remain in the applicant’s records.  We
therefore recommend that the  records  be  corrected  as  indicated
below  and  that  the  applicant  be  provided  consideration   for
promotion to the grade of lieutenant colonel by  Special  Selection
Boards for the CY92B and CY93C Lieutenant Colonel Boards  based  on
the corrected record.

4.  We found no basis to recommend that applicant  be  reconsidered
for promotion based on the issues cited in his requests  pertaining
to the OERs closing 2 August 1975 and  29  February  1976;  a  pre-
selection board being conducted  prior  to  the  CY92B  Lt  Colonel
Board; errors by the Management Level Evaluation Board  (MLEB)  for
the CY93A Lt  Colonel  Board;  and  administrative  errors  on  his
officer selection brief (OSB) reviewed  by  the  CY93A  Lt  Colonel
Board.

      a.  Applicant’s contention that his records were reviewed and
graded by a pre-selection board  prior  to  his  consideration  for
promotion by the CY92B  Lt  Colonel  Board,  in  violation  of  the
governing regulation, is duly noted.  However, other than  his  own
assertions, we find no evidence has been  presented  substantiating
his assertions.

      b.  We noted applicant’s contentions that the  MLEB  did  not
give  him  a  “Definitely  Promote,”  even   when   his   Promotion
Recommendation Form (PRF) stated he  was  his  senior  rater’s  top
choice.  However, after reviewing  the  evidence  provided  by  the
applicant, we find no evidence that the PRF prepared for the  CY93A
Lt Colonel Board is flawed or unjust or that the applicant did  not
compete  fairly  with  his  peers  for   a   “Definitely   Promote”
recommendation.

      c.  Applicant contends that  his  duty  history  on  the  OSB
reviewed by the CY93A Lt Colonel Board did not reflect his  current
duty assignment and that  the  award  of  the  Defense  Meritorious
Service Medal (DMSM) was not in his records in time for the  Board.
Since the applicant’s reassignment was just prior to the  convening
of the CY93A Lt Colonel Board, it was incumbent upon him to  follow
the updating of his assignment and insure  that  his  records  were
updated prior to the  convening  of  the  promotion  board,  if  he
desired this information to be considered.  In addition,  he  could
have  made  this  information  available  to  the  members  of  the
selection board by way of a  letter  to  the  Board  President.   A
review of the evidence  provided  did  not  persuade  us  that  any
attempt was made by the applicant prior to the  convening  date  of
the board to insure his current assignment information was included
in his records for consideration  by  the  selection  board.   With
regard to the DMSM, information provided by the applicant  reflects
that this award was not approved until 23 October 1993,  after  the
promotion board had adjourned.  Therefore, it was not  required  to
be in his records.  We also did not find evidence of an  inordinate
delay in processing the award.

      d.  Other than applicant’s assertions, no evidence  has  been
presented to support a finding that the OERs closing 2 August  1975
and 29 February 1976 were  flawed  or  unjust.   Nor  did  we  find
evidence showing that the reports were  prepared  contrary  to  the
governing regulation in effect at the  time.   In  the  absence  of
evidence to the contrary, we find no compelling basis to  favorably
consider applicant’s request that these reports be voided.  We  are
also unpersuaded by the evidence presented that the  OERs  rendered
during the controlled-OER  era  caused  the  members  of  the  duly
constituted  selection  boards,  applying  the  complete  promotion
criteria, to be  unable  to  render  a  fair  determination  as  to
applicant’s promotion potential.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that the AF  Form  707,
Officer Effectiveness Report, rendered for the period 1 March  1976
through 28 February 1977, be declared void  and  removed  from  his
records.

It is further recommended that he be considered  for  promotion  to
the grade of lieutenant colonel by Special Selection Board for  the
CY92B (16 November 1992) and CY93A  (12  October  1993)  Lieutenant
Colonel Boards, with the corrected record.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 23 July 1996, under the provisions of AFI  36-
2603:

      Mr. Oscar A. Goldfarb, Panel Chair
      Mr. Henry Romo Jr., Member
      Mr. William E. Edwards, Member

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

     Exhibit A.  DD Form 149, dated 18 May 94, w/atchs; Letter from
                 Applicant, dated 1 Jul 94, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Record of Proceedings, AFBCMR 93-06705.
     Exhibit D.  Letter, AFMPC/DPMAEB, dated 27 Jun 94.
     Exhibit E.  Letter, AFMPC/DPMAJEP, dated 10 Aug 94.
     Exhibit F.  Letter, AFMPC/DPMAB, dated 12 Aug 94, w/atch.
     Exhibit G.  Letter, AFMPC/DPMAJA, dated 16 Aug 94.
     Exhibit H.  Letter, SAF/MIBR, dated 17 Aug 94.
     Exhibit I.  Letter, Applicant, dated 12 Sep 94.




                                   OSCAR A. GOLDFARB
                                   Panel Chair



AFBCMR 94-02460




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 AF
Form 707, Officer Effectiveness Report, rendered for the period
1 March 1976 through 28 February 1977, be, and hereby is, declared
void and removed from his records.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board for the
CY92B (16 November 1992) and CY93A (12 October 1993) Lieutenant
Colonel Boards, with the corrected record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency