RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  98-03196
                 INDEX CODE:  131.00

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

The  duty  history  and  acquisition  corps  entries  on  his  Officer
Selection Brief  (OSB),  reviewed  by  the  CY98B  Lieutenant  Colonel
Selection Board  (P0598B),  be  corrected  as  indicated  below.   His
corrected record be  considered  by  a  Special  Selection  Board  for
promotion to the grade of lieutenant colonel by the  CY98B  Lieutenant
Colonel Selection Board, which convened on 1 June 1998.

OSB - Assignment History:

      01 Mar 90 - Satellite Operations Flight Commander
      26 Jun 96 - Program Integrator, Midcourse Space Experiment
      29 Dec 97 - Program Integrator, Space-based Sensors
_________________________________________________________________

APPLICANT CONTENDS THAT:

The lack of emphasis of his acquisition certification in three  career
tracks and the  inaccurate  duty  history  on  his  OSB  hindered  his
promotion opportunity.

In support of his request, applicant submits a personal letter to  the
Special Selection Board (SSB) chairman, a letter from his reviewer (Lt
General L---) to the SSB chairman, and a  letter  from  the  3d  Space
Support Wing (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

On 10 March 1982, the applicant was  appointed  a  second  lieutenant,
Reserve of the Air Force, and  was  voluntarily  ordered  to  extended
active duty.  He was integrated into the Regular Air Force on 31  July
1985 and has been  progressively  promoted  to  the  grade  of  major,
effective and with a date of rank of 1 April 1994.  The following is a
resume of his OPR ratings subsequent to his promotion to that grade.

            Period Ending    Evaluation

              6 Sep 94 Meets Standards (MS)
              6 Sep 95      MS
             15 May 96          MS
             15 May 97          MS
             17 Apr 98       Education/Training Report
            #15 May 98          MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY98B  Central  Lieutenant
Colonel Board, which convened on 1 June 1998.

The applicant’s  assignment  history  was  administratively  corrected
subsequent to the CY98B Lieutenant Colonel Selection Board.
_________________________________________________________________

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  CY98B  lieutenant  colonel  selection  board.    DPAPSI
concurred with the duty history changes (Exhibit C).

The Chief, Aero & Astro Engineering Assignments, HQ AFPC/DPASA, stated
that SAF/AQXD made the decision that the only acquisition  information
to be displayed on the OSB would be if  the  individual  was  a  corps
member; thus, the reflection of “YES” in this  category.   This  meets
the requirements of the law to identify the  promotion  group.   DPASA
indicated that the applicant met the basic criteria for award  of  the
“YES” under the Acquisition Corps area of the OSB,  and  a  “YES”  was
indicated on the OSB.  When the applicant’s record met the board,  the
appropriate  amount  of  emphasis  was  placed  on   his   acquisition
experience (Exhibit D).

The Appeals and SSB Branch, HQ AFPC/DPPPA, stated that  HQ  AFPC/DPASA
addressed the acquisition corps information on the OSB  and  concluded
the applicant met the basic criteria for award of the “YES” under  the
Acquisition Corps area of the OSB and it was so indicated on the  OSB.
DPPPA indicated that there is no basis for  promotion  reconsideration
on this issue.

DPPPA noted the duty  history  corrections  made  to  the  applicant’s
records by HQ AFPC/DPAPS1.  DPPPA concurred with the changes, but does
not support promotion reconsideration on these issues.

DPPPA stated that the Officer Preselection Brief (OPB) is sent to each
eligible officer several months prior to a selection board.   The  OPB
contains data that will appear on the OSB at the central board and are
informed to correct any errors found prior  to  the  selection  board.
The instructions specifically state, “Officers will not be  considered
by a Special Selection Board if, in exercising  reasonable  diligence,
the officer should have  discovered  the  error  or  omission  in  his
records and could have taken timely corrective action”.  DPPPA  stated
that the applicant has provided nothing to demonstrate  he  attempted,
prior to the board, to correct his duty history information.

DPPPA indicated that the applicant could have  written  to  the  board
president informing him of  the  erroneous  information  on  the  OSB.
DPPPA has verified that the applicant elected  not  to  exercise  this
entitlement.

Even though the contested information was not appropriately  annotated
on the applicant’s OSB,  DPPPA  noted  that  the  applicant’s  Officer
Performance Reports (OPRs) for the time periods  in  question  reflect
the correct duty title information.  DPPPA,  therefore,  believes  the
promotion board took this information into consideration.

DPPPA stated that there is no clear evidence the erroneous information
on the OSB negatively impacted his promotion  opportunity.   DPPPA  is
not  convinced  the  erroneous  information  caused  the   applicant’s
nonselection.  Based on the evidence provided, DPPPA does not  support
promotion reconsideration.

A complete copy of this evaluation is appended at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions  and  indicated  that  he
agrees with the statement that the OSB reflection of  his  Acquisition
Corps status meets  the  requirements  of  the  law.   However,  in  a
telephone feedback session with HQ AFPC Promotions, it  was  indicated
that his records did not emphasize strongly enough that he  was  Level
III certified in two acquisition career racks and Level I in  a  third
track.  In his opinion, an evaluator would  be  hard  pressed  to  use
previous OPR space explaining what these certifications  mean.   While
he is  aware  of  the  entitlement  to  address  the  promotion  board
president, he could not have used this means to address the  issue  of
“no command experience”, as this was feedback provided to Lt General L-
-- after he learned  of  his  (applicant’s)  nonselection.   This  was
clearly a mistaken assessment, as his OPRs,  do  indicate  significant
command experience, with a prestigious award (Crew of the Year).   The
point made in the appeal was that  AFPC’s  mistaken  assessment  could
have also been made at the promotion  board.   There  are  significant
points that AFPC overlooked; specifically, the feedback from AFPC,  Lt
Gen L---, and others, that  his  nonselection  was  due  to  his  non-
attendance at Squadron Officer  School  (SOS)  in-residence,  and  his
return to Los Angeles AFB for  a  second  four-year  assignment;  both
commonly seen as a negative discriminators or “certainly not helpful”.
 The basis of his appeal is captured in the letters he  has  provided,
which  describe  his  family  predicament  and   enrollment   in   the
Exceptional Family Member Program (EFMP) as the reasons why his career
choices became limited.  His  records  will  show  a  long  string  of
leadership and management accomplishments, all relevant to meeting the
Air Force mission, and certainly worthy  of  promotion  to  lieutenant
colonel.

A complete copy of applicant’s 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable  error  or  injustice.   Applicant’s  supporting
documents were thoroughly reviewed.  In view  of  the  fact  that  the
applicant’s  Officer  Selection  Brief  (OSB)   contained   inaccurate
information, we believe the CY98B  (1 June  1998)  Lieutenant  Colonel
Board was denied accurate information on which to base  its  decision.
With respect to the inaccurate data on the  OSB,  we  noted  that  the
applicant’s requested corrections to his assignment history  were  not
completed by the appropriate Air Force office  until  well  after  the
CY98B selection board convened.  In addition, we note that the  senior
rater supports the applicant’s request for promotion consideration  by
an SSB.  As to the acquisition information displayed on  the  OSB,  we
note that the OSB was accurately annotated; therefore,  no  corrective
action is necessary.  While we cannot state with  certainty  that  the
error in the applicant’s duty history  was  the  sole  cause  for  his
nonselection, we believe the  possibility  exists  that  it  may  have
prevented his receiving full and fair consideration by  the  selection
board.  As a result, we recommend  the  applicant  be  considered  for
promotion by a  Special  Selection  Board  for  the  CY98B  Lieutenant
Colonel Board, with inclusion of the corrected assignment  history  on
his Officer Selection Brief (OSB).
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be considered for  promotion  to  the  grade  of
lieutenant colonel by a Special Selection Board for the Calendar  Year
1998B (1 June 1998) Lieutenant Colonel Board, with  inclusion  of  the
corrected assignment history on his Officer Selection Brief (OSB).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 April 1999, under the provisions  of  AFI  36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. Mike Novel, Member
              Mr. James R. Lonon, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Oct 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPS1, dated 10 Dec 98.
   Exhibit D.  Letter, HQ AFPC/DPASA, dated 14 Dec 98.
   Exhibit E.  Letter, HQ AFPC/DPPPA, dated 6 Jan 99.
   Exhibit F.  Letter, SAF/MIBR, dated 18 Jan 99.
   Exhibit G.  Letter from applicant, dated 8 Feb 99, w/atchs.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 98-03196
INDEX CODE: 131.00




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be considered for promotion to the grade
of lieutenant colonel by a Special Selection Board for the Calendar
Year 1998B (1 June 1998) Lieutenant Colonel Board, with inclusion of
the corrected assignment history on his Officer Selection Brief (OSB).



            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency