RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02945
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS 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 a corrected Officer Selection Brief
(OSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His two most recent duty history entries, dated 7 Nov 97 and 29 Feb
96, were in error and his acquisition corps experience was not
reflected on his OSB.
In support of his request, applicant submits a personal statement, a
copy of his Officer Selection Record (OSR) and additional documents
associated with the issues cited in his contentions (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Commissioned Service Date (TAFCSD) as
26 Aug 82. He is currently serving on active duty in the grade of
major, with an effective date and date of rank of 1 Sep 94. The
following is a resume of his OPR ratings subsequent to his promotion
to that grade.
Period Ending Evaluation
13 Dec 94 Meets Standards (MS)
10 Jun 95 MS
2 Jan 96 MS
# 2 Jan 97 MS
## 2 Jan 98 MS
1 Aug 98 MS
# Top report at the time he was considered below-the-promotion zone
(BPZ) and nonselected for promotion to lieutenant colonel by the CY97C
Central Lieutenant Colonel Board (P0597C), which convened on 21 Jul
97.
## Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY98B Central Lieutenant
Colonel Board (P0598B), which convened on 1 Jun 98.
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Assignments, HQ AFPC/DPAPS1, stated that based on
the applicant’s Officer Performance Reports (OPRs) on file, the duty
titles were in error. DPAPS1 has administratively corrected the duty
titles as follows: effective date 29 Feb 96, Global Hawk Payload
Deputy Lead instead of Global Hawk Payload Dep Load; and, effective 7
Nov 97, UAV Advanced Payload Manager instead of UAV ADV (Exhibit C).
The Project Engineering Assignments, HQ AFPC/DPASA, stated that the
applicant does not meet the basic criteria for award of the “YES”
under the Acquisition Corps area of the Officer Selection Brief (OSB).
Since the applicant is a major and was not occupying a Critical
Acquisition Position (CAP), he was not made a corps member. DPASA
stated that when the applicant’s record met the selection board he was
not a corps member, thus, no error occurred (Exhibit D).
The Directorate of Personnel Program Management, HQ AFPC/DPPPA,
reviewed this application and recommended denial. DPPPA concurred
with the duty history corrections. DPPPA indicated that the contested
29 Feb 96 duty title entry was also in evidence for the CY97C (21 Jul
97) below-the-promotion zone lieutenant colonel board. The OPB is
sent to each eligible officer several months prior to a selection
board with written instructions to examine the brief for completeness
and accuracy and if errors are found, to take corrective action prior
to the selection board. While the applicant stated he was told the
corrections would be made before the P0598B board met, he does not
indicate if he attempted any follow-up action to ensure the
corrections had been made nor does he provide any letter of support
from the Military Personnel Flight (MPF) to validate his claim. DPPPA
stated that it appears the applicant waited until his first
nonselection by the P0598B board to motivate him to take corrective
action and he has not demonstrated he exercised “reasonable diligence”
in ensuring his records were up to date. As such, DPPPA does not
support promotion reconsideration by the P0598B board as both duty
history entries were correctly reflected on the corresponding OPRs.
Therefore, the board had the correct information in evidence when his
record was considered by the P0598B board. DPPPA recommended denial
on this issue as it is moot. A complete copy of this evaluation is
appended at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that he is
only asking for a fair consideration for promotion based on his past
performance and future potential. His records were in error when they
met the board through no fault of his own. He made timely efforts to
repair them. Apparently, the system that first made the error and
then failed to correct it when asked, is now trying to deny his
request for a fair evaluation. Whether he was sufficiently “diligent”
in his efforts is an opinion from someone not fully aware of his
situation. A complete copy of his response is appended at Exhibit G.
_________________________________________________________________
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 noted that the
appropriate Air Force office has made the requested duty title
corrections to applicant’s assignment history. Accordingly, no action
is required by the Board on this issue. With regard to the
acquisition corps issue, we note that the applicant did not meet the
basic criteria for award of the “YES” under the Acquisition Corps area
of the Officer Selection Brief (OSB). Hence, no error occurred. In
reference to the erroneous duty titles, even though the duty titles
were inaccurate on his OSB, they were correctly indicated on his
Officer Performance Reports (OPRs). Therefore, the selection board
had access to the correct information concerning the duties the
applicant was performing. In the absence of evidence indicating his
record was so erroneous or misleading that the duly constituted
selection board was unable to make a reasonable decision concerning
his standing in relation to his peers, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 1 July 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Joseph A. Roj, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Oct 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPS1, dated 30 Nov 98.
Exhibit D. Letter, HQ AFPC/DPASA, dated 10 Dec 98.
Exhibit E. Letter, HQ AFPC/DPPPA, dated 17 Dec 98.
Exhibit F. Letter, SAF/MIBR, dated 4 Jan 99.
Exhibit G. Letter from applicant, dated 13 Jan 99.
TERRY A. YONKERS
Panel Chair
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As they have stated, the same errors existed on his P0597C OSB, and the applicant has not explained why he took no action when he received his OPB for that board to get the errors corrected. They noted that with the exception of the 1 Apr 94 error (CMHQ vs. W/B), the same errors the applicant is now pointing out were also in existence at the time of the P0494A board as well. Even though they were in error on the OSB, they were correct on the OPRs.
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At the time applicant was considered for promotion to the grade of lieutenant colonel by the CY98B board, his OSB reflected his duty title as Commander, DDD Letterkenny, effective 26 Jun 97. The next duty entry of 960613 was changed to reflect information on the next OPR of record. A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, Supply Officer Assignments, AFPC/DPASL, reviewed this application and indicated that regarding applicant’s request to change his...
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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...