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AF | BCMR | CY1999 | 9802617
Original file (9802617.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02617
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration for promotion to  the
grade of lieutenant colonel for the  Calendar  Year  (CY)  1998B  Lieutenant
Colonel Board with inclusion of the citation  for  the  Meritorious  Service
Medal (MSM) awarded in May 1998, in his officer selection record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Meritorious Service Medal awarded 11 May 1998 was not part of  OSR  for  the
CY98B Lieutenant Colonel Board consideration.

In support of the appeal, applicant submits a copy of Special Order  GB-225,
dated 11 May 1998, and citation for the MSM.

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 CY97 and CY98  Below-the-Zone  Lieutenant  Colonel
Boards.

OPR profile since 1991, follows:

       PERIOD ENDING           EVALUATION OF POTENTIAL

        3 Apr 91               Meets Standards
        3 Apr 92               Meets Standards
        3 Apr 93               Meets Standards
        3 Dec 93               Meets Standards
        3 Dec 94               Meets Standards
        3 Dec 95               Meets Standards
       22 Nov 96               Meets Standards
       22 Nov 97               Meets Standards

   *Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

The  Acting  Chief,  Appeals  and  SSB  Branch,  AFPC/DPPPA,  reviewed   the
application and states that the citation for the MSM was  missing  from  the
applicant’s  OSR  when  he  was  considered  for  promotion  by  the   CY98B
lieutenant colonel selection board.  They note the decoration closeout  date
is 27 March 1998, and the special order was published in May 1998.  AFI  36-
2803, paragraph 3.1, states, “decoration recommendations  are  entered  into
official channels within 2 years and awarded within  3  years  of  the  act,
achievement, or service performed.”  In addition, AFI 36-2803,  figure  3.2,
note 4, states, “citations and special orders must be  forwarded  within  30
days of the date of the special order.”  They state the  special  order  and
citation were processed within the guidelines  of  the  governing  directive
and neither was due for file until 10 June 1998.  The citation for  the  MSM
was filed in the applicant’s  OSR  on  5  August  1998.   Although  the  MSM
citation was late to file, it was not required to be on file when the  CY98B
board convened 1 June 1998.  They do not  support  reconsideration  on  this
issue.  Central boards evaluate the entire record  to  assess  whole  person
factors.  Therefore, the selection board had his  entire  officer  selection
record that clearly outlines his accomplishments since the date he  came  on
active duty.  However, they are not convinced the omission of the  MSM  from
his OSR caused the applicant’s nonselection.  They, therefore, are  strongly
opposed  to  the  applicant  receiving  SSB  consideration  on  this  issue.
Furthermore, they do not believe the applicant showed the  proper  diligence
to ensure his record was accurate when he was considered  for  promotion  by
the CY98B board.  Since the order was prepared in May 1998,  he  could  have
faxed a copy of the decoration to  AFPC/DPPBR  for  inclusion  in  his  OSR.
Additionally, he could have written a letter to the CY98B  board  to  advise
them of the award of the MSM and the accomplishments he was recognized  for.
 However, in this case, they found no evidence the applicant  wrote  such  a
letter.  Therefore, based on evidence provided,  they  recommend  denial  of
applicant’s request, and  SSB  consideration  by  the  CY98B  board  is  not
warranted.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 October 1998,  a  complete  copy  of  the  Air  Force  evaluation  was
forwarded to the applicant 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.  After reviewing the  evidence  of
record, we are not persuaded that the applicant has been the  victim  of  an
error or injustice.  In this respect,  we note that the  closeout  date  for
decorations was    27 March and that the MSM was awarded in May.  Given  the
date of the award, the governing regulation  did  not  require  that  it  be
included  in  the  applicant’s  OSR  when  the  promotion  board   convened.
Further, the evidence before this Board does not reveal that  the  applicant
or anyone else attempted to fax the award to AFPC for consideration  by  the
CY98B board.   Accordingly,  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 4 February 1999, under the provisions of AFI 36-2603:

                 Mr. Douglas J. Heady, Panel Chair
                 Mr. Gregory W. DenHerder, Member
                 Mr. James R. Lonon, Member
                 Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Sep 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPA, dated 14 Oct 98.
      Exhibit D. Letter, AFBCMR, dated 26 Oct 98.




                             DOUGLAS J. HEADY
                             Panel Chair


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