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AF | BCMR | CY1999 | 9803521
Original file (9803521.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03521
            INDEX CODE:  131.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for  consideration  by  the
CY98B Lieutenant Colonel Selection Board, which convened on 1 Jun  98,
be  corrected;  and,  he  be  given  Special  Selection  Board   (SSB)
consideration by the CY98 Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The command level in the duty history section of the OSB, effective  7
Jul 97, was in error.

His attendance at the Undergraduate Navigator Training (UNT)  was  not
reflected on the OSB.

The errors in his OSB did not allow  for  a  fair  assessment  of  his
potential for promotion.

Since the two errors were not on his Officer Preselection Brief (OPB),
he was  not  aware  of  them.   Consequently,  he  did  not  have  the
opportunity to correct them.

In support of his appeal, the applicant provided a personal statement,
copies of the OPB and OSB, and other  documents  associated  with  the
matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that grade  on  1 May  94.   His  Total
Active Federal Military Service Date (TAFMSD) is 10 Jul 82.

Applicant's OER/OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      18 Feb 89  Meets Standards
      18 Feb 90  Meets Standards
      28 Jan 91  Meets Standards
      10 Oct 91  Meets Standards
      10 Oct 92  Meets Standards
      28 Jul 93  Meets Standards
      28 Jul 94  Meets Standards
       1 May 95  Meets Standards
       1 May 96  Meets Standards
       1 May 97  Meets Standards
  #  31 May 98   Meets Standards
      19 Jan 99  Meets Standards

# Top Report - CY98B (1 Jun 98) Lt Col Board.

The applicant was also considered and nonselected by the CY99A (19 Apr
99) Lt Col Board.  He is scheduled for consideration by the CY99B  (30
Nov 99) Lt Col Board.  He has an established date of separation of  31
Jul 06.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Reports  and  Queries   Section,   AFPC/DPAPS1,   reviewed   this
application and indicated that currently, the applicant’s PDS  records
correctly reflect information that the officer contends should  be  on
the OSB, with an entry of CMHQ for duty  history  entries  of  950526,
951018, 960601 and 970707.  DPAPS1 indicated that they concur with the
changes previously made to the applicant’s records.  His record  shows
an AF Fm 475 for UNT that was not on the OPB.  They concur  with  this
entry, but because  the  HAF  record  only  allows  24  entries,  they
examined the record to see if they could delete duplicate  entries  in
order to allow this duty history entry.

According to DPAPS1, all duty command level entries requested  by  the
applicant are substantiated with Officer  Performance  Reports  (OPRs)
dated between 2 May 95 - 31 Mar 98.  The applicant’s AF Fm 475,  dated
10 Jul 82 - 2 Feb 83, substantiates UNT attendance.  In  matching  the
source documents with the HAF record, DPAPS1 noted six duplications in
HAF and  four  additions  were  needed.   With  the  deletion  of  the
duplicates, room was created for the UNT entry and others.

In reviewing the applicant’s duty history versus his source documents,
DPAPS1 noted many other errors on the OSB.  Numerous corrections  were
made to the officer's duty history.

A complete copy of the DPAPS1 evaluation is at Exhibit C.

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
recommended denial.  According to DPPPA, the  applicant  believes  the
errors on his OSB were significant and  may  have  attributed  to  his
nonselection.  While the applicant is entitled to his  opinion,  DPPPA
indicated that they do not believe  SSB  consideration  is  warranted.
The Air Force has  determined  corrections  of  this  nature  are  not
substantial and do not warrant SSB consideration.  There was no  clear
evidence the duplicate/missing duty titles or  the  incorrect  command
level for his most recent duty title on his  OSB  negatively  impacted
his promotion opportunity.  Central boards evaluate the entire officer
selection record (OSR) (including the promotion  recommendation  form,
Officer Performance Reports  (OPRs),  officer  effectiveness  reports,
training reports, letters  of  evaluation,  decorations,  and  officer
selection  brief),  assessing  whole  person  factors  such   as   job
performance, professional qualities, depth and breadth of  experience,
leadership, and academic and professional military  education.   DPPPA
believes that it is important to note  the  correct  duty  titles  and
command levels were present on the applicant’s  OPRs.   The  selection
board had his entire officer selection record  that  clearly  outlined
his accomplishments since the date he  came  on  active  duty.   DPPPA
indicated that they are not convinced the duty title errors on his OSB
caused the applicant's nonselection.   Therefore,  they  are  strongly
opposed to the applicant receiving SSB consideration on this issue.

DPPPA noted the applicant’s contention that his efforts to correct his
record were not successful, and, through no fault of his own, his  OSB
was erroneous when it met the P0598B board.  Although  HQ  AFPC/DPAPS1
corrected the contested duty titles on his OSB (and many  more),  they
are opposed to the  applicant  receiving  SSB  consideration  on  this
issue.  They obtained a copy of both the applicant's CY96C (8 Jul  96)
(P0596C) and CY97C (21 Jul 97) (P0597C) below-the-promotion zone (BPZ)
officer selection briefs (attached).  The duplicate duty title entries
have been present in the Headquarters Air Force (HAF) file since 1996.
 The applicant received OPBs approximately 120 days prior to both  his
P0596C and P0597C boards.  Had he properly reviewed his OPBs prior  to
either of his BPZ considerations, his record would have been  accurate
for his P0598B in-the-promotion zone consideration.  Therefore,  DPPPA
does not believe the  applicant  exercised  the  proper  diligence  to
ensure his record was accurate--especially since most of the contested
errors have existed for at least two years.

A complete copy of the  DPPPA  evaluation,  with  attachments,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he believes he is deserving of promotion  and
he is simply requesting that  he  be  considered  for  promotion  with
accurate records.  He also believes that the errors contributed to his
nonselection for promotion to the grade of lieutenant colonel.   While
no clear evidence exists that the contested errors negatively impacted
his promotion opportunity, they certainly were not beneficial.   There
is also no clear evidence that the errors did  not  negatively  impact
him.  As pointed out in the DPPPA advisory, the  board  evaluates  the
entire record.  In the brief time that the members review each record,
any evidence of career regression could be viewed negatively and could
be detrimental to the overall score of the record.

With regard to the duplicate duty titles, the applicant indicated that
they are not contested errors and, in his view,  are  not  germane  to
this discussion.   According  to  the  applicant,  correction  of  the
duplicate duty titles for the CY96C and CY97C  board  would  not  have
resulted in his record  for  the  CY98B  being  accurate  because  the
contested errors did not exist at the time of those OSBs.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________

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 presented, the Board majority is sufficiently persuaded  that
the applicant may not have been fairly and  equitably  considered  for
promotion  by  the  CY98B  Lieutenant  Colonel  Board  because  of  an
inaccurate record.  In this respect,  AFPC/DPAPS1  has  confirmed  the
errors alleged by the applicant concerning his duty  history  and  has
made the appropriate changes.  In addition, they have  identified  and
corrected numerous other errors in his assignment  history.   Although
it  cannot  be  conclusively  determined  what  impact   the   correct
information on the OSB may  have  had  on  the  applicant’s  promotion
opportunity, the Board majority believes that, given  the  particulars
of this case, any doubt should be resolved in his favor.  Therefore, a
majority of the Board recommends that his  record  be  considered  for
promotion to the grade of lieutenant colonel by an SSB for  the  CY98B
Lieutenant Colonel Board, with inclusion of the  corrected  assignment
history on his 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 Lieutenant Colonel Board,  which  convened  on  1 Jun  98,  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 24 Aug 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Patrick R. Wheeler, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Wheeler voted to deny the appeal but did not  desire
to submit a minority report.  The following documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 18 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAPS1, dated 4 Jan 99.
     Exhibit D.  Letter, AFPC/DPPPA, dated 19 Jan 99, w/atch.
     Exhibit E.  Letter, SAF/MIBR, dated 1 Feb 99.
     Exhibit F.  Letter, applicant, dated 23 Feb 99.




                                   RICHARD A. PETERSON
                                   Panel Chair







AFBCMR 98-03521




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 , be considered for promotion to the grade of
lieutenant colonel by a Special Selection Board for the Calendar Year
1998B Lieutenant Colonel Board, which convened on 1 Jun 98, with
inclusion of the corrected assignment history on his Officer Selection
Brief (OSB).






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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