RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03124
            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:

The duty history section of his  Officer  Selection  Brief  (OSB)  was
erroneous when he was considered for promotion by the P0598B selection
board.  He also believes he may have been  nonselected  because  of  a
perception among the board members that he  spent  too  much  time  at
Kirtland AFB, NM.

No documentation was provided in support of his request (Exhibit A).

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD)  as  2
Jun 82.  He is currently serving on active duty in the grade of major,
with an effective date and date of rank of 1 Jul 94.  The following is
a resume of his OPR ratings subsequent to his promotion to that grade.

            Period Ending    Evaluation

              15 Sep 94      Meets Standards (MS)
            # 15 Sep 95           MS
            ## 2 Aug 96              MS
               2 Jan 97              MS
            ###1 Jul 97              MS
               1 Jul 98              MS

# Top report at the time he was  considered  below-the-promotion  zone
(BPZ) and nonselected for promotion to lieutenant colonel by the CY96C
Central Lieutenant Colonel Board (P0596C), which convened on 8 Jul 96.

## 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  in-the-promotion  zone
(IPZ) and nonselected for promotion to lieutenant colonel by the CY98B
Central Lieutenant Colonel Board (P0598B), which convened on 1 Jun 98.

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AIR FORCE EVALUATION:

The Directorate of Assignments, HQ AFPC/DPAPS1, stated that  based  on
the applicant’s selection folder, the duty titles and effective  dates
in question were in error on the Officer Selection Brief (OSB) at  the
time of the board.  DPAPS1 has  administratively  corrected  the  duty
titles as follows:  added the duty title of AFMC/PL Special  Assistant
for Space Technology at HQ AFSPC, effective 18 Dec  93;  and,  changed
the duty Air Force Specialty Code (AFSC) from 2635 to 2631,  effective
date 28 May 83 (Exhibit C).

The Special Programs Assignments Division, HQ AFPC/DPAX,  stated  that
the applicant’s current assignment reflecting “data masked” was a  PCS
reassignment from Kirtland AFB, with duty effective 27 Aug  96.   DPAX
indicated that the board members should have been able to determine  a
PCS move took place by  looking  at  the  Officer  Performance  Report
(OPR), which reflects a change in PAS Code (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 selection
board had the applicant’s entire officer selection record that clearly
outlines his accomplishments since the date he came  on  active  duty.
That means, they were aware he moved permanent change of station  from
Kirtland AFB to a data masked location.  DPPPA is  not  convinced  the
time he spent at “one  particular  location”  caused  the  applicant’s
nonselection.  Therefore, DPPPA is opposed to the applicant  receiving
SSB consideration on this issue.  DPPPA stated that the contested duty
title entry has been missing from the personnel data system (PDS)since
the applicant was considered below-the-promotion  zone  (BPZ)  to  the
grade of lieutenant colonel by both the CY96C (8 Jul 96)  and  CY  97C
(21 Jul 97) central lieutenant colonel selection boards.   Hence,  the
applicant had at least five opportunities  to  add  the  missing  duty
title entry to his records prior to his  in-the-promotion  zone  (IPZ)
consideration by the P0598B board.  The applicant does not state  what
actions he took, if any, prior to the CY96C, CY97C and  CY98B  central
boards to  ensure  his  record  was  accurate  for  their  review  and
consideration.    DPPPA   stated   that   it   was   the   applicant’s
responsibility to notify the board of  the  circumstances  surrounding
his extended tenure at one location, and  the  omission  of  the  duty
title effective 18 Dec 93 from his OSB if he believed  them  important
to his promotion consideration.  DPPPA did not  find  any  record  the
applicant wrote such a letter to the board president.  DPPPA  strongly
recommended denying the applicant’s request for SSB  consideration  on
these issues (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and indicated that unless
the board members were to look at the PAS code from the OPR and notice
that the PAS code had changed on the first data masked OPR, they would
have no way of knowing that, in fact, a PCS had taken place.  HQ  AFPC
did not respond to his contention that spending 8½ years  at  Kirtland
AFB was the reason for his nonselection.  His second tour at  Kirtland
was directly due to an AFPC policy  in  effect  at  that  time.   This
greatly limited his ability to enhance those  “whole  person  factors”
described in the advisory opinion.  Since he received  only  “Promote”
recommendations  at  his  two  BPZ  opportunities,  he  knew  he   had
absolutely no chance of  being  promoted.   Therefore,  he  doubts  he
perused his preselection briefs on those occasions.  He never received
a preselection brief, nor any “detailed instructions” for his  primary
board.  It was only after he received the board results that a  number
of senior officers agreed that his “extended tenure”  probably  caused
the  nonselection.   Advice  that  is  frequently  given  from  senior
officers is to not write a letter to the board president,  unless  you
are absolutely sure how the letter will be interpreted by  the  board.
A complete copy of his response is appended at Exhibit G.

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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 injustice.  We noted  that  the  appropriate
Air Force office has made  the  requested  duty  history  corrections.
Accordingly, no action is required by the Board on this  issue.   With
regard to applicant’s request for promotion consideration by a Special
Selection  Board  (SSB),  we  are  unpersuaded  by  the  documentation
provided that applicant has been the victim of an injustice.  In  this
respect, we noted that even though the  duty  title  in  question  was
missing from his Officer  Selection  Brief  (OSB),  it  was  correctly
indicated  on  his   Officer   performance   Report   (OPR),   closing
15 September 1994.  Therefore, the selection board had access  to  the
correct information concerning the duties the applicant was performing
in 1993-1994.    We  noted  applicant’s  assertion  that  he  did  not
receive  a  preselection  brief  for  the  CY98B  Lieutenant   Colonel
Selection  Board.   We  believe  that  since  the  applicant  received
preselection   briefs   for   his   below-the-promotion   zone   (BPZ)
considerations, he was aware of the importance of preselection  briefs
and that, if he had not received a preselection  brief  prior  to  the
selection board in question, he should  have  requested  one  from  HQ
AFPC.  Applicant has provided no evidence  showing  his  diligence  in
acquiring a preselection brief or that  he  was  unsuccessful  in  his
attempt to correct his duty history prior  to  the  convening  of  the
CY98B Lieutenant Colonel Board.  Further, we are in agreement with the
appropriate Air Force  office,  HQ  AFPC/DPPPA,  that  central  boards
evaluate the entire officer record, which include the OPRs,  and  that
they were aware of the change in applicant’s duty assignments.  We are
therefore unpersuaded by the evidence  presented  that  his  “extended
tenure” at Kirtland AFB was the cause of his nonselection.  In view of
the above, and 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 4 Nov 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPS1, dated 11 Dec 98.
   Exhibit D.  Letter, HQ AFPC/DPAX, dated 15 Dec 98.
   Exhibit E.  Letter, HQ AFPC/DPPPA, dated 5 Jan 99.
   Exhibit F.  Letter, SAF/MIBR, dated 18 Jan 99.
   Exhibit G.  Letter from applicant, dated 26 Jan 99.




                                   TERRY A. YONKERS
                                   Panel Chair