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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