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AF | BCMR | CY1999 | 9803418
Original file (9803418.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03418
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to  the  grade  of  lieutenant  colonel
below-the-zone (BPZ),  to  include  the  corrected  Education/Training
Report closing 20 June 1997  and  the  citation  for  the  1997  Joint
Service Achievement Medal (JSAM), by a special selection  board  (SSB)
for the Calendar Year 1998B (CY98B) BPZ Lieutenant  Colonel  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The error on his Education/Training Report,  AF  Form  475,  has  been
corrected.  However, his records met the lieutenant colonel  promotion
board below-the-zone with the flawed training  report.   The  original
training report stated in three places that he was being  assigned  to
CENTAF, a numbered Air Force, when in fact he was assigned to CENTCOM,
a unified command.  Therefore, his records did not factually represent
his duty history or performance.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

A similar appeal was submitted  under  AFI  36-2401.   The  Evaluation
Reports Appeal Board (ERAB) partially approved the appeal and  granted
the correction to the training  report.   However,  they  advised  the
applicant on 26 October 1998 that the changes to the contested  report
were not significant  enough  to  warrant  a  review  by  the  special
selection board (SSB).

Applicant’s Officer Performance Report (OPR) profile is as follows:

PERIOD ENDING            OVERALL EVALUATION

            24 Dec 93 (Captain)    Meets Standards
            24 Dec 94              Meets Standards
             7 Jun 96 (Major)      Education/Training Report
          * 20 Jun 97              Education/Training Report
            20 Jun 98              Meets Standards
            20 Jun 99              Meets Standards

* Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, states that the duty
history portion of the CY98B Officer Selection Brief (OSB) reviewed by
the promotion  board  appropriately  indicates  the  applicant’s  duty
location as CENTCOM.  Therefore, the board had before it  the  correct
information and  took  this  information  into  consideration  in  the
selection process.  AFPC/DPPPA concurs with the ERAB’s decision to not
grant promotion reconsideration as they do not believe the  correction
significant enough.  The applicant  could have communicated  with  the
promotion board to advise them  the  training  report  was  in  error.
However, the applicant elected not to exercise this entitlement.  They
recommend the application be denied.

A copy of the Air Force evaluation, with attachments, is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
1 February 1999 for  review  and  response.   Applicant  E-mailed  the
AFBCMR and also requested that he be given SSB consideration  to  also
include  the  citation  for  the  award  of  the  1997  Joint  Service
Achievement Medal (JSAM).

Applicant’s response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should receive promotion consideration to the  grade
of lieutenant colonel by special selection board (SSB), to  include  a
corrected 20 June 1997 Education/Training Report and citation for  the
1997 Joint Service Achievement Medal (JSAM),  for  the  Calendar  Year
1998 (CY98) below-the-zone Lieutenant Colonel  Selection  Board.   His
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.  We note that  the  duty  history
portion of the CY98 officer selection brief (OSB) correctly  indicated
the applicant’s duty location as CENTCOM, therefore,  the  information
was available for the promotion board’s review.   Additionally,  while
the citation for the JSAM was not  in  applicant’s  officer  selection
record (OSR) when the promotion board convened, we note it was  listed
on the CY98 OSB and  a  discrepancy  report  was  filed  in  the  OSR;
therefore, we  must  presume  the  promotion  board  members  had  the
opportunity to review this information.  In view of the  foregoing  we
agree with  the  recommendations  of  the  Air  Force  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  Therefore, we find no compelling basis to  recommend
granting the relief sought.

_______________________________________________________________________
_____________________

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 26 August 1999, under the provisions of  AFI  36-
2603.

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. Lawrence R. Leehy, Member
                  Ms. Leta L. O’Connor, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Nov 98, w/atchs.
   Exhibit B.  Applicant's Officer Selection Records.
   Exhibit C.  Letter, HQ AFPC/DPPPA, dated 15 Jan 99, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 1 Feb 99.
   Exhibit E.  Applicant’s E-Mail, dated 4 Mar 99.





                                   WAYNE R. GRACIE
                                   Panel Chair

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