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AF | BCMR | CY1999 | 9800995
Original file (9800995.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00995
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrections be made to assignment history,  aeronautical  rating,  and
his aircraft assignment and total flying hours; and, that he be  given
Special Selection Board (SSB) consideration by the CY97A Medical Corps
(MC) Colonel Board, which convened on 5 Nov 97.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His computer-generated personnel records  were  somehow  altered.   He
discovered this during his final review just prior to the convening of
the CY97A Medical Corps Colonel Board.  Because of  his  nonselection,
he is attempting to correct his personnel records, and  is  requesting
an SSB.

In support of his appeal, the applicant provided copies of  his  prior
service records, commissioning and  training  documents,  aeronautical
orders, and other documents associated with the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
lieutenant colonel, having been promoted to that grade on 11  Mar  93.
His Total Active Federal Military Service Date (TAFMSD) is 20 May 86.

Applicant's OER/OPR profile since 1993 follows:

      PERIOD ENDING    EVALUATION

      18 Aug 93  Meets Standards
      29 Jun 94  Meets Standards
       2 Apr 95  Meets Standards
       2 Apr 96  Meets Standards
  #   2 Apr 97   Meets Standards
       2 Apr 98  Meets Standards
      31 Jul 98  Meets Standards

# Top Report - CY97A (4 Nov 97) Colonel (MC) Board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Reports and Queries Team, AFPC/DPAIS1, reviewed  this  application
and provided an advisory opinion  addressing  the  assignment  history
issue.  DPAIS1 concurred  with  several  changes  to  the  applicant’s
assignment history and indicated that the changes had been updated  in
the PDS system.  DPAIS1 indicated that they did not  concur  with  the
duty titles that read “PRIOR SERVICE ARMY” and the addition of any new
titles to this effect.  Air Force policy states  “Air  Force  officers
that have served as commissioned officers in  another  branch  of  the
armed forces will not have their previous  duty  entries  included  on
their current Air Force history.  However, they are maintained in  the
selection folder.  According to DPAIS1,  all  duty  titles  reflecting
“PRIOR SERVICE ARMY” have been deleted from the applicant’s record.

A complete copy of the  DPAIS1  evaluation,  with  attachment,  is  at
Exhibit C.

The Board Support Branch, AFPC/DPPBR, reviewed  this  application  and
noted that the applicant was requesting  a  copy  of  his  Recertified
Medical Board Certificate be filed in  his  Officer  Selection  Record
(OSR).  DPPBR indicated that a copy  was  made  and  provided  to  the
Medical Service Officer Management  Division  (DPAM)  for  validation.
Once it is returned to them with their validation stamp,  it  will  be
filed immediately in the OSR.  According to  DPPBR,  an  AF  Form  11,
Officer Military Record, has been filed in the OSR effective 9 Jun 98.

A complete copy of the DPPBR evaluation is at Exhibit D.

The Officer Promotion Management Section, AFPC/DPPPAB,  reviewed  this
application and recommended denial of  the  total  appeal.   In  their
view,  the  applicant  has  not  sufficiently  shown  that  reasonable
diligence was taken to correct errors  in  his  record  prior  to  the
convening of the CY97A Board; that the process for  correcting  errors
were prohibitive; or that an injustice  occurred  warranting  an  SSB.
Granting relief to this applicant allows  for  privilege  not  granted
other eligible officers.

A complete copy of the DPPPAB  evaluation,  with  attachments,  is  at
Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  17
Aug 98 for review and response.  As of this date, no response has been
received by this office (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  probable  error  or   injustice   concerning   the
applicant’s request that  corrections  be  made  to  his  aeronautical
rating and total flying hours.  We  took  notice  of  the  applicant's
complete submission in judging the merits of  the  case;  however,  we
agree with the opinion and recommendation  of  AFPC/DPPPAB  and  adopt
their rationale as the basis for our conclusion that the applicant has
not been the victim  of  an  error  or  injustice.   Accordingly,  his
request is not favorably considered.

4.  We did note that AFPC/DPAIS1 indicated  there  were  a  number  of
administrative corrections made to the applicant’s assignment history.
 However, we are not inclined to recommend SSB  consideration  with  a
corrected  OSB.   The  applicant  should  have  received  an   Officer
Preselection Brief (OPB) prior to the convening of the Board.  In  our
view, the applicant had a responsibility to ensure that his record was
correct prior to being considered for promotion.   Therefore,  in  the
absence of clear and convincing evidence to  support  a  determination
that the applicant’s record before the original selection board was so
inaccurate  or  misleading  that  the  board  was  unable  to  make  a
reasonable decision concerning his promotability  in  relationship  to
his peers, we adopt the Air Force’s rationale  and  conclude  that  no
basis exists to recommend favorably action on the applicant’s  request
for SSB consideration.

_________________________________________________________________

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 8 Jul 99, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Joseph A. Roj, Member
      Ms. Sophie A. Clark, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Mar 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAIS1, dated 12 May 98.
    Exhibit D.  Letter, AFPC/DPPBR, dated 9 Jun 98.
    Exhibit E.  Letter, AFPC/DPPPAB, dated 3 Aug 98, w/atchs.
    Exhibit F.  Letter, SAF/MIBR, dated 17 Aug 98.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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