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AF | BCMR | CY1999 | 9802128
Original file (9802128.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02128
                       INDEX CODE: 107.00, 131.01

                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The two board certification documents, and masters degree document  be
placed in his officer selection record (OSR).

2.    The citations for the Air Force Achievement Medal (AFAM),  Basic,  and
AFAM, First Oak Leaf Cluster (AFAM, 1OLC) be placed in his OSR.

3.    He be considered for promotion to the grade of lieutenant  colonel  by
Special  Selection  Board  (SSB)  for  the  Calendar  Year   1997A   (CY97A)
Lieutenant Colonel Medical Corps Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The academic documents were missing from his OSR although provided  to  AFPC
Medical Accession upon entry into the Air Force.  The system will not  allow
entry of his masters degree (more degrees than  system  allows).   The  AFAM
special orders were entered into his record on 13 February 1997 and 21  July
1997.  However, the citations were not placed in his OSR.

In  support  of  the  appeal,  applicant  submits  internal  medicine  board
certification, occupational medicine board certification, Master  of  Public
Health Degree and award special orders and citations.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY97A and CY98A Lieutenant Colonel  Medical  Corps
Selection Boards.

HQ  AFPC/DPAMF1  included  the  board   certification   documents   in   the
applicant’s OSR and initiated Board  Certification  Pay  on  11 August  1998
with an effective date of 9 July 1996.  As such,  the  applicant’s  OSB  for
the CY97A did not reflect his board certification.

The citations for the AFAMs (Basic and 1OLC) were not on file for the  CY97A
board.  However, they were listed on the OSB for the CY97A Board.

OPR profile since 1997, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                    #  08 Jul 97             Meets Standards
                    ## 08 Jul 98             Meets Standards

# Top report at time of CY97A board.
## Top report at time of CY98A board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Officer  Promotion  Section,  Directorate  of  Personnel  Program
Mgmt, AFPC/DPPPOO, reviewed the application and  states  that  approximately
100 days prior to the board convening date, the applicant  was  provided  an
Officer Pre-selection Brief (OPB) which showed he was not  considered  board
certified.  Applicant provides no evidence that he took  action  to  correct
this discrepancy prior to the board convening date.  Applicant requests  his
Masters degree be added to the OSB because the OSB academic education  field
is limited to two data entries.  When members have more  than  two  degrees,
the two highest degrees  will  be  displayed  on  the  OSB.   There  are  no
provisions to authorize inclusion of multiple advanced  degree  diplomas  in
the OSR.  Applicant contends two AFAM citations were missing  from  the  OSR
when the board convened.  This statement is  true;  however,  the  applicant
provides no  documentation  to  support  any  action  he  or  his  servicing
Military  Personnel  Flight  (MPF)  took  to  ensure   proper   filing   was
accomplished.   They   recommend   denial   of   applicant's   request   for
reconsideration  for  promotion  by  SSB.    The   applicant   provides   no
documentation supporting he took any effort to ensure correctness of OSR  as
required by AFI 36-2501.  Additionally, there  is  no  authority  to  permit
filing diplomas in the OSR.

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

The Chief,  Appeals  and  SSB  Branch,  Directorate  of  Pers  Program  Mgt,
AFPC/DPPPA,  reviewed  the   application   and   states   that   the   board
certification, academic degree information, and decoration issues  were  all
entries that were reflected on the applicant’s  OPB.   The  OPB  would  have
been forwarded approximately 100 days in advance of the  convening  date  of
board (mid-July 1997).  The OPB contains data that will appear  on  the  OSB
at the central board.  Written instructions attached to the  OPB  and  given
to the officer before the  central  selection  board  specifically  instruct
him/her to carefully examine the brief for completeness  and  accuracy.   If
any errors are found, he/she  must  take  corrective  action  prior  to  the
selection  board,  not  after  it.   The  instructions  specifically  state,
“Officers will not be  considered  by  a  Special  Selection  Board  if,  in
exercising reasonable diligence, the  officer  should  have  discovered  the
error or omission in his/her records and could have  taken  time  corrective
action.”  The  applicant  has  not  demonstrated  he  exercised  “reasonable
diligence” in ensuring his record was up to date for the CY97A board.   They
would like to point out that the purpose of having a  citation  included  in
the record is not to allow board  members  the  opportunity  to  peruse  the
comments thereon, although they may do so if they are so inclined.   Rather,
the purpose is to make them aware of the level of the decorations.  In  this
regard, they are guided by AFI 36-2608, Table A2.1, Item 326.   Specifically
cited is that orders granting decorations may be filed and  maintained  when
a like citations is not available.  This speaks to the  “knowledge”  that  a
decoration  was  given  as  opposed  to  the  “contents”  contained  in  the
citation.  Accordingly, evidence of a decoration within the  OSR  speaks  to
the decoration itself, not what the citation may or may  not  reveal.   Even
though all the AFAM citations were not on file for the board, they  were  in
evidence before the board on the OSB.  Therefore,  the  board  members  were
knowledgeable the decorations were given which is the  ultimate  purpose  of
including them in the promotion selection process.  Since the board  members
were  aware  of  the  decorations,  it  was  factored  into  the   promotion
evaluation.  Therefore, they recommend denial  of  applicant's  request  for
promotion reconsideration.

A complete 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  1
February 1999, for review and response within 30 days.  As of this date,  no
response has been received by 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.   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  the  Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in 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 29 July 1999, under the provisions of AFI 36-2603:

           Mr. Henry Romo, Jr., Panel Chair
           Ms. Margaret A. Zook, Member
           Mr. Gregory H. Petkoff, Member
           Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPOO, dated 13 Jan 99.
   Exhibit D.  Letter, AFPC/DPPPA, dated 20 Jan 99.
   Exhibit E.  Letter, AFBCMR, dated 1 Feb 99.





                                   HENRY ROMO, JR.
                                   Panel Chair

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