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AF | BCMR | CY1999 | 9801762
Original file (9801762.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01762
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Air Force Achievement  Medal  First  Oak  Leaf  Cluster  (AFAM
1OLC), for the period 5 January 1991 to 2 April 1991,  awarded  on  12
January 1993, be added to his Officer Selection Brief (OSB)  that  was
reviewed by the Calendar Year 1998B (CY98B)  Central  Major  Selection
Board.

2.  The  Education/Training  Report  (TR),  AF  Form  475,  reflecting
Squadron Officer School, closing 5 August 1995, be inserted  into  his
Officer Selection Record.

3.  The  Duty  Air  Force  Specialty  Code  (DAFSC)  on  the   Officer
Performance Report (OPR), for the period 1 May 1993  through  30 April
1994, be changed to reflect:  “14N3A.”

4.  The Assignment History section  on  his  Officer  Selection  Brief
(OSB)  reviewed  by  the  CY98B  Central  Major  Selection  Board,  be
corrected as follows:

      a.  The Duty Air Force Specialty Code (DAFSC)  27  October  1993
through 2 March 1994 be corrected to reflect 14N3A.

      b.  The Duty Title Mechanical Engineer, effective 6 May 1991 and
1 October 1991, be deleted.

      c.  Change the effective date of the Duty Title “Chief, FME  ACQ
Branch” from 28 April 1992 to be effective 6 May 1991.

5.  He be considered for promotion to the grade of  major  by  Special
Selection Board (SSB) for the CY98B Central Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During consideration for promotion to the grade of major by the  CY98B
Central Major Selection Board, his record was incomplete.  The Officer
Selection Record (OSR) was missing a  Squadron  Officer  School  (SOS)
Training Report and a 1991 Air Force Achievement Medal, First Oak Leaf
Cluster (AFAM 1OLC) award on the Officer Selection Brief (OSB).  There
were also inaccurate Duty Air Force Specialty Codes  (DAFSCs)  in  the
Assignment History section on the OSB that was reviewed by  the  CY98B
selection board.   Applicant  believes  that  these  inaccuracies  and
omissions may have contributed to his nonselection  for  promotion  to
the grade of major.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
captain.

Application  under  AFI  36-2401,  Correcting  Officer  and   Enlisted
Evaluation Reports, would not be appropriate as the  issues  addressed
in this appeal are not within the purview of that directive.

Applicant was considered for promotion to the grade of  major  by  the
CY98B Central Major Selection Board and not selected.

Applicant’s OPR profile, since promotion to the grade of  captain,  is
as follows:

          PERIOD ENDING          OVERALL EVALUATION

            30 Apr 92            Meets Standards
            30 Apr 93            Meets Standards
            30 Apr 94            Meets Standards
             6 May 95            Meets Standards
             6 May 96            Meets Standards
          #  6 May 97            Meets Standards
             6 May 98            Meets Standards

#  Top report at time of nonselection for promotion to the grade
   of major by the CY98B Central Major Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Assistant Noncommissioned Officer in Charge (NCOIC),  Reports  and
Queries Team, Directorate of Assignments, HQ AFPC/DPAPS1, states that:


   a.  27 October 1993 - Applicant believes his DAFSC as reads “14N1A”
should reflect “14N3A.”  The applicant needs to have his OPR,  closing
30 April 1994, corrected before they can concur with  his  claim.   In
addition, the duty entries 2 Nov 93 and 2 Mar 94 would be affected  as
well.

   b.  Applicant attended Squadron Officer School (SOS)  from  10 July
1995 to 5 August 1997.  Although this appeared on the applicant’s  OSB
under the Professional Military Education (PME) area,  it  was  not  a
part  of  his  assignment  history.   AFPC/DPAPS1  concurs  that   the
applicant’s SOS should appear under the assignment  history  and  have
updated the Personnel Data System (PDS) to reflect a new  entry  dated
10 July 1997.

   c.  Applicant contends his 6 May 91 and 1 Oct  91  duty  titles  as
reflected “Mechanical engineer” are incorrect and should  be  deleted.
His 28 Apr 92 duty title reflecting: “CH FME  Acquisition  Branch”  is
correct and should be backdated to 1 May 91.   Based  on  the  OPR  in
applicant’s selection folder,  AFPC/DPAPS1  concurs  with  applicant’s
request to backdate the 28 Apr 92 duty entry to 1 May 91 and delete  6
May 91 and 1 Oct 91 entries.

A copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Appeals and SSB Branch,  HQ  AFPC/DPPPA,  states  that  the
applicant believes the DAFSC on  the  30  April  1994  OPR  should  be
“14N3A” instead of “14N1A” and the corresponding 27 October 1993 DAFSC
entry in the duty history portion of his OSB should  reflect  “14N3A.”
The DAFSC on the applicant’s OPR is not related to  his  qualification
status.  Rather, it corresponds directly to the position he held while
assigned to the unit based on the  Unit  Personnel  Management  Roster
(UPMR).  If the applicant believes the DAFSC on the OPR is  erroneous,
he must include a copy of the portion of the UPMR bearing his name and
position number  he  held  while  assigned,  that  would  support  his
contention the DAFSC is erroneous.  If the applicant is able to obtain
supporting documentation and the Board grants the applicant’s  request
to change the DAFSC, AFPC/DPPPA would have no  objection  to  changing
the information in the Headquarters Air Force (HAF) file.

The OSB is properly annotated with SOS under the heading “Professional
Military Education.”  However, the duty history portion of  the  CY98B
OSB did not  reflect  an  entry  documenting  his  SOS  attendance  in
residence.  Furthermore, the SOS training report was not  on  file  in
his Officer Selection Record (OSR) when the  promotion  board  met  in
April 1998.  Applicant did request a copy of the  training  report  in
February 1998; however, a copy was not obtained until June 1998.   The
training report was filed in the applicant’s OSR 8 September 1998.

The applicant also claims the 6 May 91 and 1 October 1991 duty  titles
were erroneous and should have been deleted,  and  the  28 April  1992
duty title in the duty history portion of the  OSB  should  have  been
effective  1  May  1991.   Although  AFPC/DPAPS1  concurred  with  the
applicant to change the information as  he  requested,  he  failed  to
provide anything that he made efforts prior  to  the  CY98B  board  to
correct these discrepancies.

Each officer eligible for promotion consideration by the  CY98B  board
received an officer preselection brief (OPB) several months  prior  to
the date the board convened in April 1998.  If any errors  are  found,
an individual must take  corrective  action  prior  to  the  selection
board, not after it.

AFPC/DPPPA agrees that the SOS entry is missing from the  OSB;  the  6
May 1991 and 1 October 1991 duty titles were erroneous and should have
been deleted; and, the 28 April 1992 duty title in  the  duty  history
portion should have been effective 1 May  1991.   These  entries  have
been missing since the applicant was considered  below-the-zone  (BPZ)
by both the CY96A and CY97C promotion boards.   The  applicant  should
have been aware of the  discrepancies.   Had  the  applicant  properly
reviewed his OPBs when he received  them,  he  could  have  taken  the
necessary steps to ensure his OSBs were corrected prior to each of his
three considerations for promotion to the grade of  major.   He  could
have elected to write the board presidents to ensure they  were  aware
of  the  discrepancies  and  the  omission  of  the  Training  Report.
Recommend the duty history portion and SSB consideration be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant was  forwarded  copies  of  the  Air  Force  evaluations  on
28 September 1998 for  review  and  response.   Applicant  states,  in
summary, that he understands that the accuracy of his official records
is his  responsibility.   During  the  counseling  session  with  USAF
personnel, he discovered errors in his official record.  Following the
previous BPZ promotion boards, he  did  not  request  a  comprehensive
personnel records review as his opportunity  for  promotion  was  slim
with a “Promote” recommendation.  The OSB accurately reflected SOS  in
residence and he surmised that the SOS Training Report  was  contained
in his official record.  He respectfully requests his corrected record
be considered for a special selection board (SSB).

A copy of the applicant’s response, with attachments, is  attached  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 probable error or injustice  warranting  partial  relief.
On reaching this conclusion, we considered the following:

    a.  With  regard  to  the  applicant’s  request  to  correct   the
Assignment History  section  on  the  Officer  Selection  Brief  (OSB)
reviewed by the  CY98B  promotion  board,  we  note  that  AFPC/DPAPS1
concurs with the applicant that the duty titles for 6 May 1991  and  1
October 1991 as  reflects  “Mechanical  Engineer”  are  incorrect  and
should be deleted.  Also that the 28 April 1992 duty title as reflects
“CH FME Acquisition Branch” is correct for that time period and should
be backdated to reflect 1 May 1991.  We  agree  with  the  AFPC/DPAPS1
advisory.  We  also  note  that  applicant’s  attendance  at  Squadron
Officer School is reflected in  the  Professional  Military  Education
(PME) section of the OSB; however, the information should also  appear
under the Assignment History section as  recommended  by  AFPC/DPAPS1.
Therefore, in view of the  foregoing,  we  recommend  the  applicant’s
record be corrected as indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  with  regard  to  the
remainder of the applicant’s requests.  After a thorough review of the
evidence of record and applicant’s complete  submission,  we  are  not
persuaded that the Air Force Achievement Medal First Oak Leaf  Cluster
(AFAM 1OLC) should be added to the OSB reviewed by the CY98B promotion
board; the Education/Training Report (TR), closing 5 August  1995,  be
inserted into the Officer Selection Record (OSR); the Duty  Air  Force
Specialty Code  (DAFSC)  on  the  Officer  Performance  Report  (OPR),
closing 30 April 1994, should be changed to reflect “14N3A;” the DAFSC
for the period 27 October 1993 through 30 April 1994 on the OSB should
be changed to  reflect  “14N3A;”  or  that  the  applicant  should  be
considered for promotion to the grade of major  by  Special  Selection
Board (SSB) for the CY98B Central Major Selection Board.   Applicant’s
contentions are duly noted; however, it is highly unlikely these  were
the causes for his  nonselection.   In  this  respect,  we  note  that
central boards evaluate the entire officer  record.   After  reviewing
the evidence of record, we are in agreement with the comments  of  the
Air  Force  and  are  compelled  to  conclude  that  these   omissions
constitute harmless errors.  Therefore, we find no basis upon which to
recommend SSB consideration on the basis of these errors.  On reaching
these conclusions, we considered the following:

    a.  With regard to the award of the AFAM 1OLC being added  to  the
OSB reviewed by the CY98B promotion  board,  we  note  that  when  the
promotion board members reviewed  the  applicant’s  officer  selection
record (OSR), a copy of the AFAM 1OLC citation was filed in  the  OSR,
on 21 January 1993, and the board members were  aware  that  applicant
received this award.  Although the award was not listed  on  the  OSB,
there was a discrepancy report filed in the OSR  indicating  that  the
award was not entered in the Personnel Data System (PDS).  However, as
stated above, the board members would have been aware of this award.

    b.  Regarding the Education/Training  report  reflecting  Squadron
Officer School attendance that the applicant requests be inserted into
his OSR, we believe  that  the  promotion  board  was  aware  of  this
attendance as it was reflected  on  the  OSB  reviewed  by  the  CY98B
promotion board.

    c.  Regarding the duty AFSC on the OPR closing 30 April 1994,  and
corresponding 27 October 1993 DAFSC entry in the duty history  portion
of the OSB, AFPC/DPPPA states that the DAFSC on the  contested  report
is not related to the applicant’s qualification status but corresponds
to the position he held while assigned to the unit based on  the  Unit
Personnel Management Roster (UPMR).  Applicant  does  not  submit  any
evidence  that  would  support  his  contention  that  the  DAFSC   is
erroneous.  We believe that the applicant should have  been  aware  of
the inaccuracies that existed and taken  the  responsibility  to  make
corrections since he was considered for  promotion  to  the  grade  of
major below-the-zone in 1996 and 1997.  It appears that he  failed  to
take timely corrective action to  assure  his  records  were  complete
prior to the convening of the promotion boards.   We  therefore  agree
with the recommendations of the Air Force  and  believe  that  special
selection board (SSB) consideration is also not warranted.   We  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  We find  no  basis  to  recommend  granting
relief sought to the balance of applicant’s requests.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Air Force Officer
Selection Brief, for Selection Board P0498B, Sequence  Number  000749,
prepared 4 April 1998, be amended as follows:

    a.  Assignment History Section:

        Add:  “Squadron Officer School” in the Duty Title section with
an effective date of “10 July 1995.”

        Delete:  Duty Titles  “Mechanical  Engineer”  effective  6 May
1991 and 1 October 1991.

        Add:  Duty Title “Mechanical Engineer” with an effective  date
of 1 May 1991.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 May 1999, under the provisions of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Grover L. Dunn, Member
                  Mr. E. David Hoard, Member

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

   Exhibit A.  DD Forms 149, dated 23 Jun 98 & 27 Jul 98,
               w/atchs.
   Exhibit B.  Applicant's Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPAPS1, dated 18 Aug 98.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 11 Sep 98.
   Exhibit E.  Letter, AFBCMR, dated 28 Sep 98.
   Exhibit F.  Applicant’s Letter, dated 16 Oct 98, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair


AFBCMR 98-01762




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    , be corrected to show that the Air Force Officer
Selection Brief, for Selection Board P0498B, Sequence  Number  000749,
prepared 4 April 1998, be amended as follows:

      Assignment History Section:

            Add:  “Squadron Officer School” in the Duty Title  section
with an effective date of “10 July 1995.”

            Delete:  Duty Titles “Mechanical Engineer” effective 6 May
1991 and 1 October 1991.

            Add:  Duty Title “Mechanical Engineer” with  an  effective
date of 1 May 1991.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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