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AF | BCMR | CY1999 | 9802887
Original file (9802887.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02887
            INDEX CODE:  131.00

      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

His P0598B Officer Selection Brief (OSB) be  updated  to  reflect  his
Joint Duty History  and  Joint  Reporting  Category  and  that  he  be
considered for promotion to lieutenant colonel by a Special  Selection
Board (SSB) for the CY98B (1  Jun  98)  Lieutenant  Colonel  Selection
Board (P0598B), with the corrected OSB.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been in a Joint Duty billet at the UN since  25  Nov  96.   His
record which was  provided  to  the  selection  boards  reflected  his
highest duty level as wing-base, rather than joint.  He feels this may
have impacted his consideration for  a  Definitely  Promote  (DP)  and
promotion.

In support of his request, applicant submits a  copy  of  his   P0598B
Officer Selection Brief (OSB) (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  29
May 85.  He is currently serving on active duty in the grade of major,
with an effective date and date of rank of 1 Aug 96.  The following is
a resume of his OPR ratings subsequent to his promotion to that grade.

            Period Ending    Evaluation

               8 Nov 96      Education/Training Report
            #  8 Nov 97      Meets Standards

# Top report at the time he was considered (below-the-promotion  zone)
and nonselected for promotion  to  lieutenant  colonel  by  the  CY98B
Central Lieutenant Colonel Board, which convened on 1 Jun 98.
_________________________________________________________________

AIR FORCE EVALUATION:

The Joint Officer Management Section, HQ AFPC/DPAPP5, stated that  the
applicant’s Officer Selection Brief (OSB)  did  not  reflect  a  Joint
Reporting Category (Other  Joint  (Currently  Serving),  displayed  as
OJ(CS)) or a Joint Duty History (AFELM UN Observers JCS 961125).   The
applicant should have received the Officer  Preselection  Brief  (OPB)
before meeting the CY98B Lieutenant Colonel  Selection  Board.   Since
the OPB reflects the data located on the OSB,  the  applicant  had  an
opportunity to review his duty history  and  attempt  to  correct  the
error  before  the  promotion  board  met.   DPAPP5  recommended   the
applicant’s request for promotion reconsideration be  denied  (Exhibit
C).

The Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed  this  application
and recommended denial.  DPPPA concurs with HQ  AFPC/DPAPP5  and  does
not believe SSB consideration is warranted.   Although  the  applicant
identified a legitimate error on his OSB, which  has  been  corrected,
DPPPA does not believe he showed the necessary diligence to ensure his
record was accurate prior to his consideration for promotion below-the-
promotion zone (BPZ) to the grade of lieutenant colonel (Exhibit D).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
16 November 1998 for  review  and  response.   As  of  this  date,  no
response has been received by this office (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.   We  have  noted  the
action taken by the appropriate office of  primary  responsibility  to
correct the applicant’s OSB which  was  considered  by  the  selection
board in question.  However, we do not believe this fact,  in  and  of
itself, provides an adequate  basis  for  approval  of  the  requested
relief.  We note that prior to the convening of the  CY98B  Lieutenant
Colonel Selection Board, the applicant should have received an Officer
Preselection Brief (OPB) containing data that would have  appeared  on
the OSB reviewed by the board.  In our view, the applicant should have
been aware of the missing  Joint  Duty  History  and  Joint  Reporting
Category, and we believe it was his responsibility to ensure that  his
record was correct.  He has provided  no  evidence  that  he  did  not
receive an OPB or that he was unsuccessful in his attempt  to  correct
the information prior to the convening of the CY98B Lieutenant Colonel
Selection Board.  We believe it is important  to  note  that  the  top
report in the applicant’s selection record was the  report  closing  8
Nov 97, which showed his assignment to the UN and provided  a  summary
of the duties he performed there.  Therefore,  while  his  Joint  Duty
status may have been absent from his OPB, the selection board  members
were fully aware of the actual duties he performed at that assignment.
 In our view, the absence of this information on his OPB did not cause
his record to be so flawed that the selection board was precluded from
making a reasonable  determination  concerning  his  promotability  in
relationship to other BPZ candidates under consideration.  In view  of
the above, and in the absence of sufficient evidence to the  contrary,
the applicant’s request for SSB consideration  based  on  the  missing
information 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 6 Oct 98, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP5, dated 29 Oct 98.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 29 Oct 98.
   Exhibit E.  Letter, SAF/MIBR, dated 16 Nov 98.




                                   TERRY A. YONKERS
                                   Panel Chair

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