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AF | BCMR | CY1999 | 9803038
Original file (9803038.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03038
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records, to include the Meritorious Service Medals, and  MSM,  3rd
Oak Leaf  Clusters  be  considered  for  promotion  to  the  grade  of
lieutenant colonel by Special Selection Board (SSB) for  the  Calendar
Year 1998B (CY98B) Central Lieutenant Colonel Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The citation for the MSM awarded in  1996  was  not  included  in  his
selection folder that went before the CY98B Lt  Col  selection  board.
AFPC sent a discrepancy report to  his  servicing  military  personnel
flight (MPF) and advised them to notify him of  the  discrepancy.   He
was never notified and since the selection brief indicated the  proper
number of awards, he assumed the record was  complete.   In  addition,
the  MSM  awarded  in  May  1998  was  not  included  due  solely   to
administrative processing time.  He believes this award as well should
be included in his selection folder and considered by SSB.

In support of the appeal,  applicant  submits  a  statement  from  his
former rater, a copy of HQ AFPC/DPPBR1’s 19  May  1998  memorandum,  a
copy of the citations for the MSM 2OLC and 3OLC, and a copy of the MSM
(3OLC) certificate.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
major.

Applicant was considered and not selected for promotion to  the  grade
of  lieutenant  colonel  by  the  CY98B  central  lieutenant   colonel
selection board which convened on 1 June 1998.

Applicant’s Officer Selection Record (OSR) at the time the CY98B board
convened did not contain a copy of the citation to accompany the award
of the MSM (2OLC).  His Officer Selection Brief (OSB) did not  reflect
that he had been awarded the MSM (3OLC).

OPR profile since 1991, follows:

      PERIOD ENDING              EVALUATION OF POTENTIAL

       26 May 91 Meets Standards (MS)
       26 May 92       MS
       26 May 93       MS
       26 May 94       MS
       26 May 95       MS
       26 May 96       MS
       26 May 97       MS
       26 May 98       MS

_________________________________________________________________

AIR FORCE EVALUATION:

The Acting Chief, Appeals and SSB  Branch,  AFPC/DPPPA,  reviewed  the
application and states that while decoration citations are required to
be forwarded to HQ AFPC/DPPPBR1 within 60 days of the date  they  were
special ordered, they note the MSM 2OLC was properly annotated on  his
CY98B Officer Selection Brief (OSB), therefore, present for the board.
 They point out that the purpose of having a citation included in  the
record is not to allow board members the opportunity  to  examine  the
comments, although they may do so if they are  so  inclined.   Rather,
the purpose is to make them aware of the  level  of  the  decorations.
Specifically cited in AFI 36-2608,  Table  A2.1,  Item  329,  is  that
orders granting decorations may be filed and maintained  when  a  like
citation is not available.  They state, this speaks to  the  knowledge
that a decoration was given as opposed to the  contents  contained  in
the citation.   Furthermore,  evidence  of  a  decoration  within  the
Officer Selection Record (OSR) speaks to the  decoration  itself,  not
what the citation may or may not reveal.  The MSM  2OLC  was  properly
annotated on his OSB, therefore, the board members were  knowledgeable
the decoration was given which is the ultimate  purpose  of  including
them  in  the  promotion  selection  process.   They,  therefore,  are
confident the board members were aware he had been awarded an MSM 2OLC
and factored it into their promotion evaluation of the applicant.

In reference to the applicant believing the CY98B board  members  were
unaware he had received an MSM 3OLC  late  in  May  1998  because  the
decoration was not reflected on his CY98B OSB; they note the MSM  3OLC
citation filed in his OSR is missing the  date  stamp.   However,  the
CY98B  central  selection  board  record  identification   number   is
annotated in the upper right hand corner indicating it was  considered
by the  board.   Therefore,  based  on  the  evidence  provided,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  that  in
reference to paragraph e, pertaining to the MSM 2OLC, if the only goal
is to make board member aware of the level of decorations, this  could
be done using only the OSB and citations could be eliminated from  all
selection folders.  Obviously, if the OSB already indicates the number
and level of awards, the citations are  there  to  provide  additional
information to board members, and/or focus their attention to specific
highlights of an assignment.

In reference to AFI 36-2608, Table A2.1, Item 329, he states that Item
329 does not address decorations and awards, they are included in Item
326.  He believes the omission of  the  citation  and  the  subsequent
inclusion of the discrepancy report played a key role for two reasons.
 First, all available informtion was not present for the board members
to review.  Second, and most important, the discrepancy report clearly
directed 88 MSS to notify him of the discrepancy.  He states the  sole
purpose for this notification could only be to advise him to  take  an
active part  in  correcting  the  discrepancy.   Therefore,  if  board
members reviewed the discrepancy report and incorrectly assumed he was
notified yet took no action to fix the problem, they may have  reached
the false conclusion that he took  no  interest  in  the  proceedings.
Considering our  extraordinarily  competitive  promotion  environment,
this inaccurate perception may have proven fatal to his chances.

In reference to paragraph f, pertaining to MSM 3OLC, he states that he
does not share the same level of confidence that this  decoration  was
considered by the board for two reasons.  First, the OSB he reproduced
from his selection folder indicates only three MSM awards.  There  was
no evidence of the MSM 3OLC in the selection folder.

Applicant's  complete  response,  with  attachments,  is  attached  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are not persuaded that the applicant’s  records
when considered for promotion by CY98B board, were complete and up-to-
date.  In this regard, we note that  the  citation  to  accompany  the
award of the MSM (2OLC) was missing and his selection  brief  did  not
reveal that he had been awarded the MSM (3OLC).  In view of  the  fact
that his records were incomplete and in an effort to provide him  with
fair and equitable  consideration  for  promotion,  we  recommend  his
corrected  record  be  considered  for  promotion  to  the  grade   of
lieutenant colonel by SSB for the CY98B board.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the citation to accompany the  award
of the Meritorious Service Medal 2nd Oak Leaf Cluster (MSM  2OLC)  for
the period 22 August 1993 to 22 July 1996, and  an  Officer  Selection
Brief reflecting the award of the Meritorious Service  Medal  3rd  Oak
Leaf Cluster (MSM 3OLC) for the period of 25  July  1996  to  19  June
1998, be considered for promotion to the grade of  lieutenant  colonel
by Special Selection Board for the Calendar Year 1998B (CY98B) Central
Lieutenant Colonel Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 February 1999, under the provisions of AFI 36-
2603:

                       Mr. Henry Romo, Jr., Panel Chair
                       Ms. Olga M. Crerar, Member
                       Mr. John E. Pettit, Member
                       Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Oct 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPA, dated 10 Nov 98.
      Exhibit D. Letter, AFBCMR, dated 23 Nov 98.
      Exhibit E. Applicant’s Response, dated 17 Dec 98, w/atchs.




                             HENRY ROMO, JR.
                             Panel Chair


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