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AF | BCMR | CY1999 | 9802932
Original file (9802932.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02932
            INDEX NUMBER:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant  colonel  by
Special Selection Board (SSB) for the Calendar Year (CY) 1998B Central
Lieutenant Colonel Board, with the  Joint  Service  Achievement  Medal
(JSAM) included in his officer selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an administrative oversight or timing problem, the JSAM was not
included in his official military records considered by the  CY98B  Lt
Col Board.  This decoration, regardless of magnitude, is another piece
of evidence that displays his accomplishments and leadership potential
for the next higher grade.

In support of his request, applicant provided documentation associated
with award of the JSAM.  (Exhibit A)

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  reflects
applicant’s Total Active Federal Military  Service  Date  (TAFMSD)  as
31 May 1981.  He has served on continuous active duty, was  integrated
into the Regular component on  13  November  1987,  and  progressively
promoted to the grade of major.

A resume of applicant’s OPRs since 1988 follows:

     PERIOD CLOSING    OVERALL EVALUATION

      15 Nov 89  Meets Standards (MS)
      15 Nov 90  MS
      15 Nov 91  MS
      14 Apr 92  MS
      11 Mar 93  MS
      11 Mar 94  MS
      11 Mar 95  MS
      11 Mar 96  MS
      11 Mar 97  MS
  *    2 Mar 98  MS

* Top report in file when considered and not selected for promotion by
the CY98B Lt Col Board, which convened on 1 June 1998.

The applicant was awarded the JSAM for meritorious service during  the
period 1 through 29 April 1998, per Permanent Order 128-2, dated 8 May
1998.

Applicant’s records reflect  that  he  received  his  first  JSAM  for
meritorious achievement during the period 29 July 1997  to  29  August
1997.  This JSAM was listed on the OSB for the CY98B Lt Col Board  and
the citation was included in the applicant’s officer selection record.

___________________________________________________________________

AIR FORCE EVALUATION:

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
recommended denial.  DPPPA stated that the special order and  citation
were processed within the guidelines of the  governing  directive  and
the citation  should  have  been  filed  in  the  applicant’s  officer
selection record no later than 7 June 1998.

DPPPA noted that the citation for the  contested  JSAM  is  still  not
filed in the applicant’s OSR.  The applicant  was  awarded  his  first
JSAM in 1997.  That means the special order, citation  and  decoration
for the contested JSAM are erroneous and should reflect “1st Oak  Leaf
Cluster” indicating his second award of  the  JSAM.   DPPPA  suggested
that the applicant contact the approval authority for his most  recent
JSAM and request they prepare an amendment to correct the  decoration.
They did not file the contested JSAM in the applicant’s OSR because of
the error.  They also noted that the decoration has not  been  updated
in the Personnel Data System (PDS).

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The Air Force evaluation was forwarded to the applicant on 16 November
1998 for review and comment within 30  days.   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.    By   governing
instruction, the Joint Service Achievement Medal  awarded  by  special
order dated  8  May  1998,  was  not  required  to  be  filed  in  the
applicant’s records until  30  days  after  the  date  of  the  order.
Therefore, it was not required to be filed in  his  officer  selection
record (OSR) for consideration by the CY98B Central Lieutenant Colonel
Board, which convened on 1 June 1998.  Convening  dates  of  selection
boards are widely publicized.  Therefore, it was  incumbent  upon  the
members of the applicant’s rating chain to follow  the  processing  of
the award and insure that it reached his selection folder prior to the
convening of the promotion board, if they desired it to be considered.
 A review of the evidence  provided  did  not  persuade  us  that  any
attempt was made by either the applicant or the members of his  rating
chain to  insure  that  the  JSAM  was  included  in  the  applicant’s
selection  folder  for   consideration   by   the   selection   board.
Additionally, we found no evidence that the applicant’s  records  were
improperly constituted when he was considered  for  promotion  by  the
CY98B Central Lt Colonel Board or that the absence of the JSAM  caused
the members of the duly  constituted  selection  board,  applying  the
complete  promotion  criteria,  to  be  unable  to   render   a   fair
determination  as  to  his  promotion  potential.   In  view  of   the
foregoing, and in the absence of evidence to the contrary, we conclude
that there is no basis upon which to recommend favorable action on the
applicant’s request.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing 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 23 March 1999, under the provisions  of  AFI  36-
2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Olga M. Crerar, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Oct 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPA, dated 29 Oct 98.
    Exhibit D.  Letter, SAF/MIBR, dated 16 Nov 98.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair

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