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AF | BCMR | CY1999 | 9900007
Original file (9900007.doc) Auto-classification: Denied

                       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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