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AF | BCMR | CY1999 | 9802719
Original file (9802719.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02719
            INDEX CODE:  107, 131.01

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given  Special  Selection  Board  (SSB)  consideration  for  the
Calendar Year 1998B (CY98B)  (1 Jun  98)  Central  Lieutenant  Colonel
Board with inclusion of the Joint  Service  Achievement  Medal  (JSAM)
(Basic), awarded for the period 15 Mar 98 to 5 Apr 98, to his  officer
selection brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record was incomplete when it met  the  CY98B  Lieutenant  Colonel
promotion board.  He received the JSAM on 23 Apr 98 for his work as an
operations officer for President Clinton’s  visit  to  Africa.   While
preparing his record for the promotion board, the Air Force  Personnel
Center (AFPC) noted that the documents were missing and sent an e-mail
to the Air Force personnel office in Germany (where he was stationed).
 The local personnel office claimed they never received the e-mail and
AFPC  failed  to  follow-up  when  the  e-mail  was  not  answered  or
acknowledged.  The combination of AFPC’s failure to follow-up and  the
erroneous information given by the local personnel office resulted  in
an incomplete record going before the CY98B board.  He  believes  that
had this award been in his record when it met the board, he would have
been promoted.

In support of his appeal, the applicant submitted a personal statement
and copies of the special order, citation,  and  certificate  for  the
JSAM.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________





STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
27 Dec 77.  He is currently serving on extended  active  duty  in  the
grade of major, effective, and with a date of rank (DOR) of 1 Sep 94.

Applicant’s OER/OPR profile since 1989 follows:

            PERIOD ENDING          OVERALL EVALUATION

             14 Nov 89              Meets Standards
             14 Nov 90              Meets Standards
             14 Nov 91              Meets Standards
             14 Nov 92              Meets Standards
             14 Nov 93              Meets Standards
              1 Oct 94              Meets Standards
             15 Jun 95              Meets Standards
             18 Apr 96              Meets Standards
             18 Apr 97              Meets Standards
             18 Apr 98              Training Report

Applicant was awarded the JSAM for the period 15 Mar 98  to  5 Apr  98
for meritorious service.

Applicant  has  two  nonselections  for  promotion  to  the  grade  of
lieutenant colonel by the  CY98B  and  CY99A  (19 Apr  99)  Lieutenant
Colonel Boards.

_________________________________________________________________

AIR FORCE EVALUATION:

The Acting Chief, Appeals & SSB  Branch,  AFPC/DPPPAB,  reviewed  this
application and indicated that the  applicant’s  contention  that  the
JSAM was not considered by the CY98B board is unfounded.  Although the
citation was missing from the  officer  selection  record  (OSR),  the
award was reflected on his OSB.  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, AFI 36-2608, Table A2.1,  Item  326,
specifically cites that orders granting decorations may be  filed  and
maintained when a like citation is not available and  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 the JSAM citation was
not on file in the OSR when the  board  convened,  they  knew  of  its
existence as evidenced by the entry on the OSB; therefore,  the  board
members were knowledgeable the decoration was awarded to the applicant
which is the ultimate purpose  of  including  them  in  the  promotion
selection process.   DPPPAB  is  strongly  opposed  to  the  applicant
receiving SSB consideration for the CY98B promotion  board  since  the
original board members  were  aware  of  the  decoration  and  it  was
factored into their promotion evaluation.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 Nov
98 for review and response.  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  thoroughly
reviewing the applicant’s submission, we are  not  persuaded  that  he
should be provided promotion consideration  by  SSB.   The  Air  Force
acknowledges that while the citation was missing from applicant’s OSR,
the award was reflected on his OSB.  Therefore, even though  the  JSAM
citation was not on file in the OSR when the board convened, they knew
of its existence.  We are  aware  that  central  boards  evaluate  the
entire officer record, thus it is highly unlikely this  was  the  sole
cause of his nonselection.  After reviewing the evidence of record, we
are in agreement with the comments of the Air Force and are  compelled
to  conclude  that  this  omission  constitutes  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 17 August 1999, under the provisions of Air Force
Instruction 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Philip Sheuerman, Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Sep 98, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPAB, dated 26 Oct 98.
     Exhibit C.  Letter, AFBCMR, dated 9 Nov 98.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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