RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00007
INDEX CODE: 131.01
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS:
Special Selection Board (SSB) consideration by the Calendar Year 1998B
(CY98B) (1 Jun 98) Central Lieutenant Colonel selection board with
inclusion of the citation for the Defense Meritorious Service Medal
(DMSM) in his officer selection record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record was incomplete when he was considered for promotion to the
grade of lieutenant colonel by the CY98B board. Specifically, the
citation to accompany the award of the DMSM was missing from his
selection record and, without his knowledge, a memorandum was inserted
in its place. Therefore, the selection board did not have the
opportunity to review his record in its entirety when considering him
for promotion. The absence of this important document may have been a
causative factor in his nonselection for promotion.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
5 Aug 82. He is currently serving on extended active duty in the
grade of major, effective, and with a date of rank (DOR) of 1 Oct 94.
Applicant’s Officer Performance Report (OPR) profile since 1991
follows:
PERIOD ENDING OVERALL EVALUATION
28 Jan 91 Meets Standards
28 Jan 92 Meets Standards
28 Aug 92 Meets Standards
15 Jul 93 Meets Standards
22 May 94 Education/Training Report (TR)
24 Oct 94 Education/TR
30 Sep 95 Meets Standards
30 Sep 96 Meets Standards
10 Jul 97 Meets Standards
1 Jun 98 Meets Standards
24 Jan 99 Meets Standards
Applicant was considered and nonselected for promotion to the grade of
lieutenant colonel by the CY98B and CY99A (17 Apr 99) Lieutenant
Colonel selection boards.
The Air Force indicated that Headquarters AFPC/DPPBR1 filed the
citation for the DMSM in applicant’s OSR on 21 Jan 99.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this application
and stated that the purpose of having a citation included in the
record is not to allow board members the opportunity to review the
comments thereon, although they may do so if they are so inclined.
Rather, the purpose is to make them aware of the level of the
decoration. In this regard, AFI 36-2608, Table A2.1, Item 326, cites
that orders granting decorations may be filed and maintained when a
like citation is not available. This speaks to the “knowledge” that a
decoration was given as opposed to the “contents” contained in the
citation. Accordingly, evidence of a decoration within the OSR speaks
to the decoration itself, not what the citation may or may not reveal.
Even though the DMSM citation was not on file for the board, evidence
of the decoration was before the board on both the officer selection
brief (OSB) and the memorandum from Headquarters AFPC/DPPBR1 (Board
Discrepancy Report for Board: PO598B). Therefore, the board members
were knowledgeable the decoration was given which is the ultimate
purpose of including them in the promotion selection process. Since
the board members were aware of the decoration, it was factored into
the promotion evaluation. DPPPA further stated that there is no clear
evidence that the omission of the citation negatively impacted the
applicant’s promotion opportunity. Central boards evaluate the entire
OSR (including the promotion recommendation form, OPRs, officer
effectiveness reports (OERs), training reports, letters of evaluation,
decorations, and OSB), assessing whole person factors such as job
performance, professional qualities, depth and breadth of experience,
leadership, and academic and professional military education. The
selection board had applicant’s entire OSR that clearly outlines his
accomplishments since the date he came on active duty. DPPPA is not
convinced the omission of the citation for the DMSM caused the
applicant’s nonselection-especially since it was annotated on the OSB
and are strongly opposed to the applicant receiving SSB consideration
on this issue.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and provided a two-page
response (see 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 be provided promotion consideration by SSB.
The Air Force acknowledges that while the citation was missing from
applicant’s OSR, the award was reflected on his OSB and in the
memorandum from Headquarters AFPC/DPPBR1, dated 26 May 98. In view of
the foregoing, even though the DMSM citation was not on file in the
OSR when the board convened, presumably they knew of its existence and
factored it into their consideration. We are aware that central
boards evaluate the entire officer record, thus it is highly unlikely
this was the sole cause of his nonselection by the CY98B board. After
reviewing the evidence of record, we are in complete agreement with
the comments of the Air Force and are compelled to conclude that this
omission constitutes a harmless error. Therefore, we find no basis to
recommend favorable action on this application. As an aside, we note
that Headquarters AFPC/DPPBR1 filed the citation for the DMSM in
applicant’s OSR on 21 Jan 99. In this respect, we note that applicant
was nonselected for promotion to the grade of lieutenant colonel by
the CY99A board even though the DMSM citation was in his OSR.
_________________________________________________________________
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 21 September 1999, under the provisions of Air
Force Instruction 36-2603:
Mr. David W. Mulgrew, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Lawrence R. Leehy, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPA, dated 21 Jan 99.
Exhibit D. Letter, AFBCMR, dated 8 Feb 99.
Exhibit E. Letter fr applicant, dated 16 Feb 99.
DAVID W. MULGREW
Panel Chair
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