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AF | BCMR | CY1999 | 9802850
Original file (9802850.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02850
            INDEX CODE: 131.01

            COUNSEL:  None

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His  Officer  Selection  Brief  (OSB)  contained  the  following
administrative errors:  the duty history was missing a 22  April  1991
entry with a duty Air Force Specialty Code (AFSC) of  2225C  and  duty
title of Chief, Wing Tactics  Branch;  his  Individual  Ready  Reserve
(IRR) status was erroneously deleted; and his Master  of  Aeronautical
Science Degree with Honors was missing.

2.    The AF Form 77, Supplemental Evaluation Sheet,  signed  1 August
1997, was incomplete.

3.    His second below-the-promotion-zone (BPZ) was waived without his
consent.

4.    He be considered for promotion  to  the  grade  of  major  by  a
Special Selection Board (SSB) for  the  Calendar  Year  1998B  (CY98B)
Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in  support  of  the  appeal  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Reports  &  Queries  Section,  AFPC/DPAPS1,  reviewed  the
application  and  states  that  they  reviewed  the  officer’s  source
document  Officer  Performance  Reports  (OPRs)  and  AF   Forms   475
Education/Training Reports against the officer’s Personnel Data System
(PDS) duty history.  Based upon source documents, they agree that many
of the effective dates for  duty  history  are  not  correct  and  two
entries are missing, one for 870617 Radar Navigator  Upgrade  Training
and one for 890626 Squadron Officer School in  residence.   These  two
new duty entries have been updated.  In reviewing the  officer’s  duty
history versus his source documents, they noted many other  errors  on
the OSB.  Corrections were made  to  the  officer’s  duty  history  as
follows:

1.    Changed date for Undergraduate Pilot  Training  from  830119  to
821222, to coincide with AF Form 475.

2.    Backdated 831231 Undergraduate Navigator Training to  831101  to
coincide with AF Form 475.  Corrected the unit to 323 Flying  Training
Wing.

3.    Changed date for B-52 navigator training from 841029  to  840714
to coincide with AF Form 475.  Changed duty title  to  B-52  Navigator
Training.

4.    Changed date for 850613 to 850605, the date after B-52 navigator
training graduation.

5.    Changed 850826 to 851206  since  the  OPR  of  5  June  19985  -
4 December 19985 OPR closed out with the 1521A DAFSC.

6.    Deleted entry of 851201 for the same reason as above.  The 1525A
AFSC was not awarded until after the  4  December  1985  OPR  closeout
date.

7.    Changed duty effective date of 870927  to  870915  for  the  day
after completion of Radar Navigator Upgrade Training.

8.    Changed 891215 to 890812 to show duty  re-entry  after  Squadron
Officer School (SOS) completion.

9.    Changed 970813 to 970420 when the  officer  returned  to  active
duty and to coincide with the OPR for the period 20 April  1997  -  10
December 1997.

They recommend the record be returned to AFPC/DPPBR3 to  see  if  they
can locate an OPR for the time the member spent at the 62 Bomb  Sq  at
Barksdale, beginning 11 November 1991, then return to AFPC/DPPPAB  for
further review and for SSB consideration.

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

The Chief, Board Support Branch, AFPC/DPPRB3, reviewed the application
and states that the AF Form 77, dated 1 August  1997,  is  correct  in
accordance with AFI 362608, paragraph 2.24.3, as referred  to  in  AFI
362402, paragraph 6.3.  The instruction states to show the reason  and
inclusive dates of the unrated period and to forward  a  copy  to  the
custodian of the MperRGp, OCSRGp,  and  the  UPRG.   Paragraph  2.24.3
states: Format for paragraphs 2.23, 2.23.2.1 and 2.23.2, is “No report
available for the period (   ) through  (    ).   No  report  required
according to AFI 26-2402.”  A copy of the AF Form 77 was forwarded  to
the MPF at the member’s  duty  station  on  3  September  1997.   They
recommend no changes to AF Form 77.

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

The Chief, Officer Promotion Section, Directorate of Personnel Program
Mgt, AFPC/DPPPO, reviewed the application and states that:

      a.    The applicant’s date of rank to captain of 11  April  1990
is correct.  The officer entered active duty in April 1997 and did not
contest or question this computation.  As a result of his date of rank
(DOR) to  captain  of  11  April  1990,  applicant  was  appropriately
considered for promotion to major in-the-promotion zone (IPZ)  by  the
CY98 Board.  Given member met criteria for IPZ consideration,  he  was
considered for promotion as required by law.  The Air Force  does  not
have  the  latitude  to  delay  promotion  consideration   to   obtain
additional  performance  reports  prior  to  promotion  consideration.
However, the BCMR does have  that  latitude  and  has  exercised  that
discretion in the past.  They would not have been adverse  to  such  a
position if the  member  had  requested  that  type  action  prior  to
promotion consideration.  Granting such a  request,  after  the  fact,
would be prejudicial to his peers who under similar circumstances were
also not selected for promotion.  The  member  does  not  provide  any
documentation to support any challenge to his DOR computation prior to
board convening.

      b.    The applicant provides evidence of attempting  to  correct
his duty history prior to the convening of the board.

      c.    Advance academic degree information  was  prohibited  from
the OSBs of all eligible officers for the CY98 Major Central Selection
Board.  Therefore, this documentation could not have  been  displayed.
A letter to the board indicating  honors  received  from  obtaining  a
graduate degree would also  have  been  prohibited.   This  policy  is
consistent with all eligible Line of the Air Force captains.

      d.    Applicant does not provide evidence or reason for electing
to not communicate with the board and presenting matters of importance
to  his  consideration.   AFI  36-2501,  paragraph  1.7  outlines  the
eligible  officers’  responsibilities  for  a  promotion  board.   The
applicant  could  have  written  the  board  outlining  his   civilian
accomplishments.  Further, the applicant could  have  brought  to  the
board’s attention the perceived omission in his assignment history and
explained the difference in time between 1 June  1992  and  13  August
1997.  They recommend denial of the request  for  reconsideration  for
promotion based on “waiving” a BPZ consideration because  the  officer
was not eligible for the BPZ consideration.

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

The Ch, Promotion, Evaluation & Recognition Div, Directorate  of  Pers
Program Mgt, AFPC/DPPP, reviewed the application and states  that  the
applicant contends the AF  Form  77,  Supplemental  Evaluation  Sheet,
covering the period 2 November 1991 to 18 April 1997, was  incorrectly
prepared upon his return to active  duty.   HQ  AFPC/DPPBR3  addressed
this issued in their advisory, dated  21 January  1999.   They  concur
with their findings and have nothing further to  add  on  this  issue.
Based on their findings, they do not support promotion reconsideration
on this issue.  HQ AFPC/DPPPO addressed the date  of  rank,  incorrect
duty history entry, and academic degree  issues.   In  addition,  they
also discussed letters to the board president in their advisory, dated
12 January 1999.  They concur with their assessment and  have  nothing
further to add on those issues.  Based on their findings, they do  not
support promotion reconsideration  on  these  issues.   The  advisory,
dated 14 January 1999, from HQ AFPC/DPAPS1 addresses  the  applicant’s
request regarding the error in the assignment history portion  of  the
OSB – in particular, the 22 April 1991 entry.  The applicant  provides
documentation he attempted to have this information corrected prior to
the board.  However, his attempts were unsuccessful.   HQ  AFPC/DPAPS1
confirmed that not only was  this  contested  duty  history  entry  in
error, but identified and corrected several other errors on the OSB as
well.  The errors have now been corrected.  Since  the  applicant  has
demonstrated  he  attempted  prior  to  the  board  to   correct   the
information, they would not object to promotion  reconsideration  with
the appropriate correction to the OSB.  Based on the evidence provided
and the findings by  the  other  three  offices,  they  believe  their
recommendation is appropriate.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
22 March 1999, 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting  consideration
for promotion to the grade of major by a Special Selection Board (SSB)
for the Calendar Year 1998B (CY98B) Major  Selection  Board  based  on
errors on the applicant’s officer  selection  brief  (OSB).   The  Air
Force states that the applicant has  provided  documentation  that  he
attempted to have his assignment history  portion  of  the  OSB  -  in
particular, the 22 April 1991 entry  corrected  prior  to  the  board.
However, his attempts were  unsuccessful.   HQ  AFPC/DPAPS1  confirmed
that not only was this contested duty  history  entry  in  error,  but
identified and corrected several other errors  on  the  OSB  as  well.
Since the applicant has demonstrated he attempted prior to  the  board
to correct  the  information,  they  would  not  object  to  promotion
reconsideration with the appropriate corrections to the OSB.  In  view
of the foregoing and in an effort to  remove  any  possibility  of  an
injustice to the applicant, we recommend that his record, to include a
corrected OSB reflecting a corrected duty history, be  considered  for
promotion to the grade of major by  a  SSB  for  the  CY98B  selection
board.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or  injustice  warranting  adding  his
Master of Aeronautical Science  Degree  with  Honors  to  his  OSB,  a
completed AF Form 77, and waiving  the  BPZ  consideration.   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  on  this
portion of this application.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include a corrected Officer Selection Brief,
reflecting his duty history as shown  in  the  attached  duty  history
printout, be considered for promotion to  the  grade  of  major  by  a
Special Selection Board for the Calendar Year  1998B  Major  Selection
Board.
_________________________________________________________________

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
          Mr. Gregory H. Petkoff, Member
          Ms. Margaret A. Zook, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Sept 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPS1, dated 14 Jan 99.
   Exhibit D.  Letter, AFPC/DPPBR3, dated 21 Jan 99.
   Exhibit E.  Letter, AFPC/DPPPO, dated 5 Mar 99.
   Exhibit F.  Letter, AFPC/DPPP, dated 5 Mar 99.
   Exhibit F.  Letter, AFBCMR, dated 22 Mar 99.




                                   HENRY ROMO, JR.
                                   Panel Chair


AFBCMR 98-02850




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to   , to include a corrected Officer Selection Brief,
reflecting his duty history as shown in the attached duty history
printout, be considered for promotion to the grade of major by Special
Selection Board for the Calendar Year 1998B Major Selection Board.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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