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AF | BCMR | CY1999 | 9802451
Original file (9802451.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02451
                       INDEX CODE: 107.00

                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His Calendar Year 1998B  (CY98B)  Officer  Selection  Brief  (OSB)  be
corrected to reflect the award of the Army Commendation Medal (ACM).

2.    His corrected record, to include a corrected OSB and the ACM  citation
for the period 12 January 1994  to  15  December  1994,  be  considered  for
promotion to the grade of major by Special Selection  Board  (SSB)  for  the
CY98B Central Major Selection Board, as  a  below-the-promotion  zone  (BPZ)
candidate.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The missing decoration was partly responsible for  his  not  being  selected
for promotion to major, BPZ.  His records showed that  he  had  received  no
awards or decorations during his entire assignment in Korea.  He feels  that
negatively impacted the rating of his record during the board.   He  noticed
the ACM was not in his  records  or  on  the  preselection  brief  during  a
records review at Randolph AFB, TX on 13 August 1998.  The  reviewer  stated
that the fact that he had no award or decoration from his Korean  assignment
was very evident and in his opinion, very important.

In support of the appeal, applicant submits a copy  of  the  ACM  order  and
citation.

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
captain.

The applicant was awarded the ACM for the  period  12  January  1994  to  15
December 1994 by Permanent Order 89-07, dated 28  November  1994.   The  ACM
citation was not in the applicant’s OSR and was not indicated on the OSB  at
the time of the CY97C or CY98B boards.  The ACM citation was placed  in  his
OSR on 18 August 1998 and the Headquarters Air Force (HAF) file updated.

Applicant was considered and nonselected  for  promotion  to  the  grade  of
major by the CY97C and CY98B Major Selection Boards, as a BPZ candidate.

OPR profile since 1992, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       26 Jun 92             Meets Standards
                       26 Jun 93             Meets Standards
                       26 Jun 94             Meets Standards
                       12 Dec 94             Meets Standards
                       11 Dec 95             Meets Standards
                       26 Apr 96        Education/Training Report
                 #     11 Dec 96             Meets Standards
                 ##    06 Feb 98             Meets Standards

# Top report at time of CY97C board.
## Top report at time of CY98B board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the application  and
states that 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.  The OPB contains the  same  data
that will appear on an OSB  at  the  central  board.   Written  instructions
attached to the OPB and given to the officer before  the  central  selection
board specifically instructs him/her to  carefully  examine  the  brief  for
completeness and accuracy.  The instructions also provide addresses, and  in
most cases, phone numbers for each area responsible to  assist  the  officer
who identifies discrepancies.  If any errors are  found,  he/she  must  take
corrective action prior to the selection board, not after it.  Although  the
applicant may have had no way to review the documents in his  OSR  prior  to
the CY98B board, he certainly could have diligently reviewed not  only  this
OPB, but the OPB he received for the CY97C major board BPZ as well.  Had  he
done so, he would have discovered the omission of the ACM from the HAF  file
and could have taken steps to correct the personnel  data  system  (PDS)  at
his local military
personnel flight (MPF).  Consequently, the ACM would have  been  present  on
both of his OSBs for the CY97C and CY98B boards’  review.   In  addition  to
contacting his MPF, he could have elected to write  a  letter  to  both  the
CY97C and CY98B board president identifying the absence of the ACM  citation
from the PDS.  They find no evidence he wrote any such letter to  either  of
the Boards.  They,  therefore,  conclude  he  did  not  exercise  reasonable
diligence to ensure his records  were  accurate,  nor  did  he  take  timely
corrective action.  There is no clear evidence that the omission of the  ACM
from his OSR negatively impacted his promotion opportunity.  Central  boards
evaluate the entire OSR (including the promotion recommendation form,  OPRs,
officer effectiveness reports,  training  reports,  letters  of  evaluation,
decorations,  and  OSB),  assessing  whole  person  factors  such   as   job
performance,  professional  qualities,  depth  and  breadth  of  experience,
leadership,  and  academic  and  professional   military   education.    The
selection  board  had   his   entire   OSR   that   clearly   outlines   his
accomplishments since the date  he  came  on  active  duty.   They  are  not
convinced the omission of the  ACM  from  the  applicant’s  OSR  caused  his
nonselection.  Therefore, they recommend denial of applicant's request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states  that  there  are
several extenuating circumstances for his failure to catch the  omission  of
the ACM from his OSR.  For the CY97C board, he was deployed to  Doha,  Qatar
for  90  days.   He  received  his  OSB  just  prior  to  departing.   Their
administrative personnel did not have the capability to access his  records.
 Their deployment was extended to 120 days and he did not return in time  to
check his records.  He did not review his OSB as closely as he  should  have
and did not notice the omission.  For the CY98B board, he received  his  OSB
just prior to being non-voluntarily sent on a two  week  TDY,  approximately
five weeks prior to deploying in support of Operation Southern Watch.   Upon
his return from this  TDY,  he  received  a  ten  day  notice  non-voluntary
permanent change of assignment (PCA).  During his rapid departure  from  his
previous squadron and  preparations  for  the  formal  course,  he  had  not
reviewed his OSB in depth.  He did not do this  because  he  had  planned  a
trip to Randolph AFB to  review  his  OSR.   However,  his  entry  into  the
instructor course prevented him from doing so.  While  at  Randolph  AFB  in
August 1998, he had a meeting with the records review section.  They  stated
that, in  their  opinion,  the  omission  of  the  ACM  was  glaring.   They
explained further that it was not the fact he was  missing  one  decoration,
but that he had
received no award for the time spent in Korea as a Air Liaison Officer  with
the Aviation Brigade of the 2nd Infantry Division.  They felt this  omission
may very well have tipped the scales in the BPZ selection because it  looked
as though his work there had merited no award.  They  reviewed  several  BPZ
selected and non-selected records and they felt his  were  very  competitive
in  comparison  to   the   selected   officer’s   records.    Although   the
responsibility for this omission is his own, he feels that  the  extenuating
circumstances  and  the  impact  of  the  missing  decoration  warrant   SSB
consideration.

Applicant's complete response is attached 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice. It  should  be  noted  that  every
officer receives an  Officer  Preselection  Brief  (OPB)  before  meeting  a
promotion board.  The OPB reflects the information that will appear  on  the
OSB at the central board.  Written instructions attached to the  OPB  states
"officers will not be  considered  by  a  special  selection  board,  if  in
exercising reasonable diligence,  the  officer  should  have  discovered  an
error or omission in his/her records and could have taken timely  corrective
action.”  We would also note that the central  boards  evaluate  the  entire
officer record and it is  highly  unlikely  the  missing  Army  Commendation
Medal (ACM) from the applicant's officer  selection  record  (OSR)  was  the
cause of his nonselection.  In view  of  the  above,  we  are  compelled  to
conclude  that  the  missing  ACM  from  his  OSR  was  a  harmless   error.
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 25 February 1999, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Ms. Olga M. Crerar, Member
      Mr. John E. Pettit, Member
      Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 August 1998, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPA, dated 21 September 1998.
      Exhibit D. Letter, AFBCMR, dated 12 October 1998.
      Exhibit E. Applicant’s Response, dated 20 October 1998.





                             HENRY ROMO, JR.
                             Panel Chair

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