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AF | BCMR | CY1999 | 9802002
Original file (9802002.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02002
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for  promotion  to  the  grade  of  colonel,  with  a
corrected Officer Selection Brief (OSB), by  special  selection  board
(SSB) for the Calendar Year 1998A (CY98A)  Central  Colonel  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Brief (OSB)  reviewed  by  the  CY98A  promotion
board was incorrect.  One job  assignment/duty  title  was  completely
omitted and  another  had  an  incorrect  effective  date.   Applicant
believes  these  errors  created  an  inconsistency  between  his  job
assignments and leadership progression to a more challenging  job  and
increased responsibility.  Applicant states that he wrote a letter  to
the promotion board president listing  some  of  his  accomplishments.
However, the inaccuracy of his OSB  may  have  led  board  members  to
question the validity of his letter.

In support of his request, applicant submits a letter  from  his  Unit
Noncommissioned Officer in Charge (NCOIC) explaining  the  discrepancy
on the OSB, the Squadron Commander’s concurrence with the  assessment,
a copy of the CY98A OSB and a copy of the applicant’s  letter  to  the
president of the selection board.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

The applicant has three nonselections for promotion to  the  grade  of
colonel by the  CY95B,  CY96A  and  CY98A  Central  Colonel  Selection
Boards.

There was no Medical Service Corps colonel selection board in 1997.

Applicant’s Officer Performance Report (OPR) profile is as follows:

          PERIOD ENDING          OVERALL EVALUATION

            25 Nov 93            Meets Standards
             1 Sep 94            Meets Standards
          #  1 Sep 95            Meets Standards
         ## 30 Jan 96            Meets Standards
        ### 12 Feb 97            Meets Standards
            12 Feb 98            Meets Standards

#    Top report at time of nonselection to the grade of colonel
     by the CY95B Colonel Selection Board
##   Top report at time of nonselection to the grade of colonel
     by the CY96A Colonel Selection Board
###  Top report at time of nonselection to the grade of colonel
     by the CY98A Colonel Selection Board

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Reports  and  Queries,  Directorate  of  Assignments,  HQ
AFPC/DPAPS1, states  that  applicant  was  appointed  as  the  “Deputy
Commander, Aerospace Med,” effective  16  November  1997.   When  this
update transpired, the  previous  entry  of  “Flight  Medicine  Flight
Commander”, effective 14 April 1996, was erroneously  deleted.   These
entries were  previously  approved  and  input  into  the  applicant’s
records in June 1998.

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

The Chief, Appeals and SSB  Branch,  HQ  AFPC/DPPPA,  states  that  HQ
AFPC/DPAPS1 confirms that the duty information was  erroneous  on  the
Officer Selection Brief  (OSB).   However,  both  the  contested  duty
titles were present in applicant’s  officer  selection  record  (OSR).
The  OPR  closing  12  February   1997   and   the   CY98A   promotion
recommendation form (PRF) list the applicant’s duty title as,  “Flight
Commander, Flight Medicine Flight.”  Although the effective  date  for
the duty title “Deputy Commander, Aerospace Med  SQ”  was  erroneously
reflected as 14 April 1996 instead of 16 November 1997, the duty title
itself was correct and present on the applicant’s OSB  for  the  CY98A
promotion board’s review.  HQ AFPC/DPPPA is convinced  the  board  was
aware of the fact the  applicant  had  progressed  to  a  position  of
greater responsibility.

While the applicant is entitled to his  opinion,  the  Air  Force  has
determined corrections of this nature are not substantial and  do  not
warrant SSB consideration - especially since the contested information
was present in his OSR for the CY98A board’s  review.   The  selection
board had his entire officer selection record  that  clearly  outlines
his accomplishments since the date  he  came  on  active  duty.   They
recommend the request for SSB consideration be denied.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
21 December 1998 for review and response.  Applicant states that based
on fairness, he is entitled  to  have  his  records  competed  equally
without discrepancies, the same as all other candidates, but they were
not.  He states  that  information  in  his  officer  selection  brief
contrasted sharply from the time-line and job assignments provided the
board through a written letter.

Applicant’s complete response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should be considered for promotion to the  grade  of
colonel, with a corrected Officer Selection Brief  (OSB),  by  special
selection board (SSB) for the  Calendar  Year  1998A  (CY98A)  Central
Colonel Selection Board.  His contentions are duly noted; however,  we
do not find these  assertions,  in  and  by  themselves,  sufficiently
persuasive to override the rationale provided by the  Air  Force.   We
note that the contested entries on the OSB have since been updated and
corrected; however, the officers meeting a promotion board are given a
preselection brief at least 30 days prior  to  the  convening  of  the
board and we believe it was the applicant’s responsibility  to  review
the brief and attempt to correct any errors found at  that  time.   We
also note that the information was a part  of  the  officer  selection
record and additionally, the applicant wrote a letter to the promotion
board president.  It appears that the promotion board was aware of the
applicant’s  job  assignments  and  duty  titles.    The   Air   Force
acknowledges that while the correct duty and effective dates were  not
reflected on his OSB, it is highly unlikely these were the causes  for
his nonselection.  In this respect,  they  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 favorable  action
on this application.

_______________________________________________________________________
_____________________

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 27 July 1999, under the  provisions  of  AFI  36-
2603.

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Jun 98, w/atchs.
   Exhibit B.  Applicant's Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPAPS1, dated 1 Dec 98.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 4 Dec 98.
   Exhibit E.  Letter, AFBCMR, dated 21 Dec 98.
   Exhibit F.  Applicant’s Letter, dated 10 Feb 99.




                                   OSCAR A. GOLDFARB
                                   Panel Chair

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