AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
AUG 1 4
IN THE MATTER OF:
DOCKET NUMBER: 98-00545
COUNSEL: None
HEARING DESIRED: No
APPLICANT REOUESTS THAT:
1. His Officer Selection Brief (OSB) reviewed by the Calendar
Year 1997 (CY97C) Lieutenant Colonel Selection Board be corrected
to show his duty title as Chief, Beam/Fire Control Branch instead
of Beam/Fire Control Branch.
2. The number of awards for the Meritorious Service Medal (MSM)
be corrected to reflect two instead of one.
He be considered for promotion to the grade of lieutenant
3 .
colonel by Special Selection Board (SSB) for the CY97C board.
APPLICANT CONTENDS THAT:
His records did not reflect this information and he was not
selected for promotion to lieutenant colonel. He reviewed his
records in May 1997 through June 1997 and worked with his unit
records personnel to correct all of the identified errors. A copy
of the missing decoration was faxed to AFPC on 24 June 1997. A
copy of the Officer Performance Report (OPR) for the period
closing 14 May 1997 had to be faxed to AFPC, but it was of poor
quality. Despite these efforts, corrections were not made. This
gave the promotion board inaccurate impressions and input to their
decision.
In support of his appeal, the applicant submitted a letter from
the Executive Officer of his unit to help clarify the actions
taken to correct his records before the promotion board convened.
--
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the grade of major. He has
one nonselection for promotion by the CY97C Lieutenant Colonel
Selection Board.
The Officer Selection Brief (OSB) reviewed by the CY97C board
contained the notation that he had been awarded an MSM in 1992 and
the Air Force Commendation Medal (AFCM) in 1985. The contested
MSM was not reflected on the OSB. His duty title was listed as
Beam/Fire Control Branch.
Following is a resume of his OPRs since promotion to major.
PERIOD ENDING
14 May 1994
14 May 1995
14 May 1996
* 14 May 1997
Note: * OPR in question
OVERALL EVALUATION
Meets Standard (MS)
MS
MS
MS
AIR FORCE EVALUATION:
The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the
application and stated the applicant's duty history was incorrect
and has since been corrected in the Personnel Data System (PDS).
However, the promotion recommendation form (PRF) and the OPR
reflected a duty title of "Chief, Beam Control Branch." The word
llFirell is missing from both documents. He has provided no source
documents to support the duty history entry in the PDS. They have
forwarded an appeal to AFPC/DPAISl for authority determination.
Regardless of that determination, DPPPA does not support promotion
reconsideration on this issue.
Regarding his contention of the award of the MSM, 1st Oak Leaf
Cluster (MSM loLC), again the applicant is correct. However, the
citation was filed in the Officer Selection Record (OSR) on
26 June 1997. They pointed out that evidence of a decoration
within the OSR speaks to the decoration itself. Even though the
MSM 1OLC was not accounted for on the OSB, it was in his OSR.
Therefore, the board members were knowledgeable the decoration was
given. The applicant contends the OPR the hoard reviewed was of
poor quality and had to be faxed from AFMC. DPPPA stated that in
reviewing the applicant's record, they inquired as to the date the
OPR arrived and learned it arrived on 9 July 1997, well in advance
of the board convening date. It also has a stamp of 21 July 1997
indicating that this document was considered by the board. As to
the clarity of the copy, they stated that while it is a fax copy,
there is no text on this document that is illegible. Based on the
evidence, they recommended denial.
A complete copy of the evaluation is attached at Exhibit C.
2
AFBCMR 98-00545
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 10 March 1998 for review and comment within 30 days. As of
this date, no response has been received in this office.
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 probable error or injustice
warranting promotion reconsideration by a Special Selection Board.
Essentially, applicant contends that as a result of errors in his
records, the Calendar Year 1997 (CY97) Central Lieutenant Colonel
Board was given an inaccurate impression of his record; however,
after reviewing the evidence of record, we are persuaded that he
was provided full and fair consideration by the selection board.
In coming to this conclusion, we make the following observations:
a. Applicant contends that his duty title was incorrect on
the Officer Selection Brief (OSB). The letter from the former
Airborne Laser System Program Office Executive Officer indicating
that corrections were made in May 1997 at the local level to
applicant's duty title is duly noted. However, we note that the
14 May 1997 Officer Performance Report (OPR) and the Promotion
Recommendation Form (PRF) prepared for the CY97 board both reflect
the duty title of Chief, Beam Control Branch versus Chief,
Beam/Fire Control Branch.
Further, while we note that the
contested OSB entry does not contain the word
Chief,'! it does
contain the word IlFireIl which is not reflected on either the OPR
or PRF. In view of these discrepancies, and with no authorizing
documentation to reflect that changes were odficially made to the
duty title, we find no compelling basis upon which to change the
duty title from what is reflected on the OPR and PRF.
b. Secondly, the Air Force acknowledges that the citation for
the MSM, loLC, was not a part of applicant's Officer Selection-
Record (OSR); however, the award was reflected on the OSB,
therefore, the board was aware of its existence. We note that the
central boards evaluate the entire officer record and it is highly
unlikely the missing citation was the cause of his nonselection.
After reviewing the evidence of record, we are compelled to
conclude that this omission constituted a harmless error.
c. Lastly, with respect to applicant's contention regarding
the OPR closing 14 May 1997, we note that the report, albeit a
faxed copy, was in his record when is was reviewed by the
selection board.
In summary, we do not find applicant’s numerous assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force.
Therefore, we agree with the
recommendation of the Air Force and adopt the rational expressed
as the basis for our conclusion that the applicant failed to
sustain his burden of establishing the existence of either an
error or an injustice warranting favorable action on these
requests.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 23 June 1998, under the provisions of AFI
36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Dana J. Gilmour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 98, with atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPA, dated 17 Mar 98.
Exhibit D. Letter, AFBCMR, dated 30 Mar 98.
WAYNE- R. GRACIE
Panel Chair
P
AFBCMR 98-00545
- .-
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TJZXAB
17 MAR98
MEMORANDUN FOR AFBCMR
FROM: HQ AFPC/DPPPA
550 C Street West, Suite 8
Randolph AFB TX 78150-4710
SUBJECT:
Requested Action. The applicant requests promotion reconsideration by the CY97C (21 Jul
97) lieutenant colonel board (P0597C).
Basis for Request. The applicant contends there were errors on his officer selection brief
(OSB) in spite of his efforts prior to the board to get them corrected. We address each separately
below.
Recommendation. Deny.
Facts and Comments.
a. The application is timely filed. Application under AFT 36-240 1, Correcting
Officer and Enlisted Evaluation Reports, would not have been appropriate.
b. The governing directive is AFI 36-2501, Officer Promotions and Selective
Continuation, 1 Mar 96.
c. The applicant has one nonselectioa by the P0597C board.
d. 8 Sep 96 Duty History Entry. The applicant contends this duty history entry did
not indicate “Chief, B e d i r e Control Branch” but merely “ B e d i r e Control Branch.’’ The
applicant is correct. We note the personnel data system (PDS) has since been corrected to reflect
the duty title. However, we note the promotion recommendation form @RF) -and
his 14 May 97 officer performance report (OPR) reflect a duty title of “Chief, Beam Control
Branch.” The word “Fire” is missing from both documents. The applicant has provided no
source documents to support the duty history entry in the PDS. We believe the entry is
inaccurate as both the PRF and OPR were issued within two months of the board. Therefore, we
are forwarding the appeal to HQ AFPC/DPAIS 1 for authority determination. Regardless of their
determination, we do not support promotion reconsideration on this issue.
9800545
e. Number of Decorations. The applicant contends the OSB did not reflect his
award of the Meritorious Service Medal, la Oak Leafcluster (MSM 1OLC). Again, the
applicant is correct. However, the citation was fded in the officer selection record (OSR) 26 Jun
96. As a matter of note, the citation has still not been updated in the PDS. Evidence of a
decoration within the OSR speaks to the decoration itself, not what the citation may or may not
reveal. Even though the MSM 1 OLC was not accounted for on the OSB, it was in evidence
before the board. Therefore, the board members were knowledgeable the decoration was given
which is the ultimate purpose of including decorations in the promotion selection process. Since
the board members were aware of the decoration, it was factored into the promotion evaluation.
We do not support promotion reconsideration on this issue.
f. 14 May 97 OPR The applicant contends this OPR was not received fiom
S M C M F in time for the board. He states, “Consequently, promotion board had to obtain fax
copy of the OPR &om AFMC, which was a poor copy.” We have reviewed the applicant’s
record and inquired as to when the fax copy of the 14 May 97 OPR arrived at HQ AFPC. We
learned the copy arrived on 9 July 97-well in advance of the board convening date. The OPR
also has a date stamp of 21 Jul97 stamped on the front which indicates to us that this document
was, indeed, considered by the board. As to the clarity of the copy-while it is a fax copy, there
is no text on this document that is illegible. There is no basis for reconsideration on this issue.
SUmmary . Based on the evidence provided, we recommend denial.
Directorate of Pers Program Mgt
2
9800545
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