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AF | BCMR | CY1999 | 9802861
Original file (9802861.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02861
            INDEX NUMBER:  100.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Duty Air Force Specialty Code (DAFSC) on the  Officer  Performance
Report (OPR) closing 27 December 1993 be changed from “4A41” to C41A3.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The indicated AFSC does not exist,  but  was  a  typographical  error.
Additionally, the DAFSC did not include the “C” prefix indicating that
the duty was as Commander, as reflected in the OPR  and  AF  Form  35,
Request and Authorization for Assumption  of/Appointment  to  Command,
dated 5 February 1993.

Applicant’s request and documentary evidence are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  reflects
applicant’s Total Active Federal Military  Service  Date  (TAFMSD)  as
4 October  1988.   He  has  served  on  continuous  active  duty,  was
integrated  into  the  Regular  component  on  13  March   1995,   and
progressively promoted to the grade of captain.  He  has  a  projected
promotion to the grade of major.

A resume of applicant’s OPR profile follows:

     PERIOD CLOSING    OVERALL EVALUATION

       19 Jan 89 Education/Training Report (TR)
       22 May 89 Meets Standards (MS)
       27 Nov 89 MS
       27 May 90 MS
       27 Dec 90 MS
       27 Dec 91 MS
       27 Dec 92 MS
   *   27 Dec 93 MS
       30 Jul 94 MS
       15 Jun 95 MS
       19 Apr 96 TR
       19 Apr 97 MS
   #   24 Dec 97 MS
       20 May 98 MS

* Contested report.

# - Top report in file when considered and selected for  promotion  by
the CY98B central major selection board,  which  convened  on  6 April
1998.

Applicant’s duty  history,  extracted  from  the  PDS,  reflects  that
effective 16 January 1993, he was assigned DAFSC 41A3, with  the  duty
title Director, Personnel and Admin, 21 Medical Support Sq.

___________________________________________________________________

AIR FORCE EVALUATION:

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
recommended that the Board time-bar the applicant’s request.  However,
if the Board considers  the  case  on  the  evidence  provided,  DPPPA
recommended that the DAFSC on the contested  report  be  changed  from
“4A41” to “41A3.”  They did not recommend adding the “C” prefix to the
DAFSC.

DPPPA stated that each member of an organization is assigned to a duty
position number in  accordance  with  the  Unit  Personnel  Management
Roster (UPMR).  The DAFSC listed on an OPR is based on  that  position
number, not the actual duties  they  perform  or  even  their  highest
qualification level.  While it is  obvious  the  applicant  served  as
commander  of  the  21st  Medical  Group  effective  19 January   1993
(appropriately documented in his OPR), he has not provided  a  manning
document such as the Unit Manning Document (UMD) or the UPMR, to prove
a valid commander authorization existed within  his  organization,  or
more importantly, that he was assigned to that duty position.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagreed with the advisory  opinion  with  respect  to  the
timeliness  of  his  application,  stating  that  the  error  was  not
discovered until he arrived at his current duty station in 1998.

He reiterated his contention  that  the  “C”  prefix  was  incorrectly
omitted from the contested report.  He noted that AFPC/DPPPA indicated
that the only way they would consider a favorable recommendation is if
he can provide  a  document  that  they  acknowledge  cannot,  in  all
likelihood, be found.  He stated  that  subsequent  manning  documents
will not reflect the position he  held  as  the  medical  organization
structure has since transitioned to the Objective Medical Group.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  While it appears  that  the
numerical  designation  on  the  contested  DAFSC  may  have  been   a
typographical error, a review of the evidence provided  causes  us  to
also doubt the accuracy of the DAFSC with respect to  the  “C”  prefix
which  indicates  duty  as  a  commander.    In   this   regard,   the
documentation provided by the applicant reflects that he was appointed
as a squadron section commander during the  contested  rating  period.
In addition, his contributions as  a  squadron  commander  during  the
rating period were also acknowledged in the report.  In view of  this,
we believe that any doubt should be resolved in the applicant’s  favor
by correcting the DAFSC on the contested report to reflect the correct
numerical designation with the “C” prefix.  Accordingly, we  recommend
that the records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  the  AF  Form  707B,
Company Grade Officer Performance  Report,  rendered  for  the  period
28 December 1992 through 27 December 1993, be amended under Section I,
Ratee Identification Data, Item 4, DAFSC, to read  C41A3  rather  than
4A41.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session 1 April 1999, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Philip Sheuerman, Member
      Ms. Patricia D. Vestal, Member

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

     Exhibit A.  DD Form 149, dated 7 Oct 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 17 Nov 98.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Dec 98.
     Exhibit E.  Letter from Applicant, undated.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR 98-02861




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 [APPLICANT], be corrected to show that the AF Form
707B, Company Grade Officer Performance Report, rendered for the
period 28 December 1992 through 27 December 1993, be, and hereby is,
amended under Section I, Ratee Identification Data, Item 4, DAFSC, to
read C41A3 rather than 4A41.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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