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AF | BCMR | CY1999 | 9802868
Original file (9802868.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02868
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to major by a Special  Selection  Board
(SSB) for the CY97C Major Board, with inclusion of  the  citation  for
the Air Force Commendation Medal (AFCM), 1st Oak Leaf Cluster  (1OLC),
in his Officer Selection Record (OSR).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The citation for the 1995  AFCM  was  not  in  his  OSR  when  he  was
considered for promotion by the CY97 Major Board.

In support of his request,  applicant  submits  a  copy  of  the  AFCM
citation and the Special Order awarding the AFCM, with the  annotation
that it was updated 21 May 96 (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  18
Feb 86.  He is currently serving on active duty in the grade of major,
with an effective date and date of rank of 1 Sep 98.

The applicant  was  awarded  the  Air  Force  Commendation  Medal  for
meritorious service during the period 13  Nov  91  to  13  Aug  95  by
Special Order GO-040, dated 10 Jan 96.  A copy of the citation for the
AFCM reflects a file date of 24 Mar 98.

Applicant's OPR profile, commencing with the report closing 1  Nov  94
follows:

            Period Ending    Evaluation

            #   1 Nov 94     Meets Standards (MS)
                9 Aug 95         MS
            ##  9 Aug 96         MS
            ### 9 Aug 97         MS
               26 Jul 98         MS

# Top report at the time he was considered (below-the-promotion  zone)
and nonselected for promotion to major  by  the  CY95A  Central  Major
Board, which convened on 5 June 1995.

## Top report at the time he was  considered  (in-the-promotion  zone)
and nonselected for promotion to major  by  the  CY97C  Central  Major
Board, which convened on 2 June 1997.

### Top report at the  time  he  was  considered  (above-the-promotion
zone) and selected for promotion to major by the CY98B  Central  Major
Board, which convened on 6 April 1998.
_________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel  Program  Management,  HQ  AFPC/DPPPA,
reviewed this application and recommended denial.  DPPPA  stated  that
even though the AFCM citation was not on file for the selection board,
it was in evidence before the board, as the applicant points  out,  on
his Officer Selection Brief (OSB).  Therefore the board  members  were
knowledgeable the decoration was given, which is the ultimate  purpose
of including it in the promotion selection process.  Since  the  board
members were aware  of  the  decoration,  it  was  factored  into  the
promotion evaluation (Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated  that  after
getting  promoted  to  major  by  the  subsequent  board  (CY98),   he
questioned why he didn’t  get  promoted  in  the  zone.   The  obvious
difference between he CY97 package and the CY98 package  was  the  new
OPR and his citation for the AFCM.  The board obviously knew about his
citation from the OSB, however, the concept that the  actual  citation
is not necessary  escapes  him.   If  knowledge  of  the  citation  is
considered good enough then why put them in the  record?   A  complete
copy of this response is appended 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.   While  the  citation
accompanying the Air Force Commendation Medal, 1st Oak  Leaf  Cluster,
was missing from applicant’s records at the time he was considered for
promotion by the CY97C  Major  Selection  Board,  the  decoration  was
annotated on his Officer Selection Brief (OSB) and the selection board
members had knowledge of this award.  We do not find the fact that the
citation in question was not included in his Officer Selection  Record
(OSR), in and of itself, caused his  record  to  be  so  erroneous  or
misleading that the duly constituted selection  board  was  unable  to
make a reasonable decision concerning his promotability in relation to
his peers, particularly since the award was cited on his OSB  for  the
board’s review.  In view of the foregoing, the applicant’s request for
SSB consideration is not favorably considered.
_________________________________________________________________

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 May 1999, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. Clarence D. Long, III, Member
                  Mr. Joseph A. Roj, Member

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, HQ AFPC/DPPPA, dated 23 Oct 98.
   Exhibit D.  Letter, SAF/MIBR, dated  Nov 98.
   Exhibit E.  Letter from applicant, dated 20 Nov 98, w/atchs.




                                   TERRY A. YONKERS
                                   Panel Chair

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