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AF | BCMR | CY1999 | 9801923
Original file (9801923.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01923

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to  lieutenant  colonel  by  a  Special
Selection Board (SSB) for the CY97C (21 July 1997) Lieutenant  Colonel
Selection Board (P0597C).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His AF Form 475, Education/Training  Report  (TR),  dated  22 November
1996, and the citation for the Meritorious Service Medal, 1st Oak Leaf
Cluster (MSM, lOLC), were not included in his Officer Selection Record
(OSR) when he was considered  for  promotion  by  the  P0597C  central
selection board.

In support of his request, applicant submits a personal statement  and
additional  documents  associated  with  the  issues  cited   in   his
contentions (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD)  as  5
February 1981.  At the time the applicant submitted  his  application,
he was serving  on  active  duty  in  the  grade  of  major.   He  has
subsequently been promoted to the grade of lieutenant colonel, with an
effective date and date of rank of 1 October 1998.

The following is a resume of the applicant’s OPR ratings while serving
in the grade of major:

            Period Ending    Evaluation

              15 Jun 94      Meets Standards (MS)
              15 Apr 95           MS
              15 Apr 96              MS
              22 Nov 96      Education/Training Report (TR)
            #  6 Jan 97              MS
            ## 6 Jan 98           MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY97C  Central  Lieutenant
Colonel Board, which convened on 21 July 1997.

## Top report at the time he was considered and selected for promotion
to lieutenant colonel by the CY98B Central Lieutenant  Colonel  Board,
which convened on 1 June 1998.
_________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel  Program  Management,  HQ  AFPC/DPPPA,
reviewed this application and recommended denial.  DPPPA  stated  that
both the Education/Training Report (TR) and MSM, 1OLC, were  filed  in
the applicant’s Officer Selection Record (OSR) and considered  by  the
P0597C central lieutenant colonel selection  board.   DPPPA  indicated
that prior to a promotion board, records are screened to  ensure  they
are complete.   While it is  true  there  is  no  date  stamp  on  the
citation to indicate the date it was filed  in  the  applicant’s  OSR,
DPPPA noted a 22 July 1997 datafax transmittal date on the face of the
citation.   More  importantly,  the  central  selection  board  record
identification number is annotated in the upper right hand  corner  of
the citation, indicating it was considered by the P0597C  board.   The
MSM, 1OLC, was properly annotated on the applicant’s Officer Selection
Brief (OSB) and the citation for the MSM,  1OLC,  was  filed  for  the
board’s   consideration.    Therefore,   the   board   members    were
knowledgeable the decoration was given, which is the ultimate  purpose
of including them in the promotion selection process.  Since the board
members were aware  of  the  MSM,  1OLC,  it  was  factored  into  the
promotion evaluation.

The applicant contends his  Education/Training  Report  (TR)  was  not
filed  in  his  OSR  for  the  P0597C  board’s  review.    After   his
nonselection, he had a records review and discovered the TR  was  file
dated 19 July 1997.  In DPPPA’s research, they discovered a  disparity
between the file date on the TR (19 July 1997) and the  date  received
annotation (22 July 1997) logged in the automated data base.  Although
the central selection board  (CSB)  convened  on  21  July  1997,  new
documents could be added to records until the date and time  the  last
record was scored (closeout date).  The  closeout  date  for  officers
considered for promotion to lieutenant colonel  in-the-promotion  zone
by the P0597C board was 1530 hours on 25 July 1997.  Since both of the
date annotations occur prior to that date, DPPPA is certain the TR was
filed in the applicant’s OSR and properly  considered  by  the  P0597C
board.

A complete copy of this evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory  opinion  and  indicated  that  it
ignores  his  contention  that  his  pre-board  records   review   was
unnecessarily delayed, admits his MSM (1OLC)  is  not  correctly  file
dated and does not contest his contention  that  his  Defense  Systems
Management College (DSMC) TR is improperly file dated.  Moreover,  the
advisory  opinion  does  not  attempt  to   explain   any   of   these
discrepancies but rather recommends the Board  deny  his  request  for
Special Selection Board (SSB) consideration based primarily  on  their
contention that both the MSM (1OLC) and the DSMC TR were  “considered”
by the P0597C board before it closed on 25 July 1997.  Beyond making a
vague reference to antidotal evidence  such  as  automated  data  base
annotation, the advisory opinion never presents any evidence to  prove
when (on what day and at what time) his MSM (1OLC)  and  the  DSMC  TR
were “considered” by the P0597C  board.   Consequently,  he  asks  the
Board to reject the advisory opinion.  AFPC made a series of  clerical
mistakes directly impacting his promotion potential.  He made  several
good faith attempts to review his records before his PRF was  reviewed
at the Air Force Materiel Command Management Level  Review  Board  and
before his records were reviewed and scored by the  central  selection
board.  He has no confidence  that  the  promotion  board  saw  either
document in question prior to his nonselection.

A complete copy of this response is appended at Exhibit E.
_________________________________________________________________

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  with  regard  to  the  22
November 1996 Education/Training Report (TR) and the citation for  the
Meritorious Service Medal, 1st Oak Leaf Cluster (MSM, 1OLC), not being
in his officer selection record (OSR) for the CY97C Lieutenant Colonel
Selection Board.  Due to the discrepancy in  file  dates,  we  believe
sufficient doubt exists as to whether or not the cited  TR  and  award
citation were in  the  applicant’s  officer  selection  record  (OSR).
Since we do not know for certain  that  the  aforementioned  documents
were in his OSR for review by the CY97C selection  board,  we  believe
any doubt should be resolved in the applicant’s  favor  to  ensure  he
received  full  and  fair  consideration  by  the   promotion   board.
Accordingly, we recommend the applicant be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board (SSB) for
the CY97C Lieutenant Colonel Selection Board, with  inclusion  of  the
MSM (1OLC) citation and  the  22  November  1996  TR  in  his  Officer
Selection Record.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be considered for  promotion  to  the  grade  of
lieutenant colonel by a Special Selection Board for the Calendar  Year
1997C Lieutenant Colonel Selection Board, which convened  on  21  July
1997, with inclusion of the Education/Training Report,  AF  Form  475,
dated 22 November 1996, and the Meritorious  Service  Medal,  1st  Oak
Leaf  Cluster,  citation  for  the  period  13  October  1993  through
7 January 1997, in his Officer Selection Record.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 January 1999, under the provisions of AFI  36-
2603:

                  Ms. Martha Maust, Panel Chair
                  Ms. Ann L. Heidig, Member
              Mr. Jackson A. Hauslein, Member

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

   Exhibit A.  DD Form 149, dated 25 Jun 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPA, dated 24 Jul 98.
   Exhibit D.  Letter, SAF/MIBR, dated 10 Aug 98.
   Exhibit E.  Memorandum from applicant, dated 3 Sep 98.




                                   MARTHA MAUST
                                   Panel Chair



AFBCMR 98-01923




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 toAPPLICANT be considered for promotion to the grade of
lieutenant colonel by a Special Selection Board for the Calendar Year
1997C Lieutenant Colonel Selection Board, which convened on 21 July
1997, with inclusion of the Education/Training Report, AF Form 475,
dated 22 November 1996, and the Meritorious Service Medal, 1st Oak
Leaf Cluster, citation for the period 13 October 1993 through
7 January 1997, in his Officer Selection Record.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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