RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00027

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Briefs (OSBs) prepared for consideration by  the
CY97C (P0597C) and CY98B (P0598B) Lieutenant Colonel Selection Boards,
which convened on 21 Jul 97 and 1 Jun 98, be  corrected;  and,  he  be
given Special Selection Board (SSB) consideration with  his  corrected
OSBs.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OSBs contained numerous errors, to  include  errors  in  his  duty
history and aeronautical rating.

In support of his appeal, the applicant provided 19 statements of  the
alleged errors, copies of his  OSBs  and  Aeronautical  Orders,  OPRs,
training  reports,  certificates   of   training,   award   citations,
certificates of aircrew qualification,  records  of  evaluations,  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 Apr  94.   His  Total
Active Federal Military Service Date (TAFMSD) is 6 Jun 81.

Applicant's OER/OPR profile since 1988 follows:

      PERIOD ENDING    EVALUATION

      30 Apr 88  Meets Standards
      16 Oct 88  Meets Standards
      16 Oct 89  Meets Standards
      16 Oct 90  Meets Standards
      16 Oct 91  Meets Standards
      16 Oct 92  Meets Standards
      16 Oct 93  Meets Standards
      16 Oct 94  Meets Standards
      30 Jul 95  Meets Standards
       3 Feb 96  Meets Standards
       6 Dec 96  Meets Standards
  #   6 Dec 97   Meets Standards


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

_________________________________________________________________

AIR FORCE EVALUATION:

The  Reports  and  Queries   Section,   AFPC/DPAPS1,   reviewed   this
application and indicated that, based on the  source  documents,  they
did not agree with the addition of a “K” prefix to DAFSC from 861216 -
900430.  In accordance with AFCSM 36-699.5.20.3.3.8.2, if the OPR data
does agree with the requested correction, a request must be  submitted
to correct the OPR.

According to DPAPS1, there were no source documents  to  show  C130ACQ
beginning 891010, HC130PCVN/MQ HC-130 beginning 900214  and  Assistant
Chief Current  Ops  on  900422.   DPAPS1  noted  the  certificates  of
training submitted by the officer  for  the  first  two  entries  here
requested,  but  unless  an  AF  Form  475  is  rendered,  the  course
attendance  does  not  merit  a  duty  history   entry.    AFCSM   36-
699.5.20.3.3.8 states that the duty history  should  contain  training
only when training reports are to be rendered.

Similarly, duty history entries for 901218,  910201,  910318,  910412,
and 910501 are denied.  The applicant attended various short  courses;
no training reports were rendered.  The only duty entries merited  and
documented on valid source documents are 900430,  901001  and  920121,
all of which are already in the officer's PDS record.  As a side note,
the PDS allows only 24 duty  history  entries  and  the  applicant  is
requesting 32 entries total.  If short schools  were  input  into  the
officer's duty history, important  entries  in  the  820514  -  890104
timeframe would be displaced and would drop off.

DPAPS1 noted the applicant’s request that  Chief,  J3,  JSOF,  PROVIDE
PROMISE be input for 940119.  According to DPAPS1, there was no OPR or
AF Fm 2096 to support this duty title entry.

DPAPS1 also noted the applicant’s request for a duty history entry for
950731, when he was a UN Military  Observer  in  the  Western  Sahara.
They concurred with this duty entry since it was clearly documented on
the OPR closing 3 Feb 96.  The applicant’s records have  been  updated
to reflect this entry.

Regarding the applicant’s request for duty history entries  of  970106
and 970505 for two short courses, DPAPS1 indicated that, as explained,
no Education/Training report was rendered;  therefore,  neither  entry
had merit.

DPAPS1 indicated they do agree that there should be a duty  entry  for
Armed  Forces  Staff  College,  beginning  980105  and  a  return   to
Operations Officer upon its completion, beginning 980328. Two  updates
have been accomplished; one for PME, effective  980105,  and  one  for
return to Operations Officer, effective 980328.

DPAPS1 stated that, in reviewing the applicant’s duty  history  versus
his source documents,  they  noted  many  other  errors  on  the  OSB.
Corrections were made to the officer's duty history, as follows:

1.  Changed duty location for 881018 Squadron Officer School (SOS)  to
Maxwell AFB Alabama and unit to SOS.

2.  Backdated 890104 Scheduler entry to 881217 to  coincide  with  the
day after Squadron Officer School graduation.

3.  Changed the DAFSC on the 901001 entry from 1315D to 1033B as shown
on the OPR closing out 16 Oct 90.  An earlier date than  901001  could
not be determined since there is an interim duty entry of  900430  HC-
130 Special Ops Pilot for the same 17 Oct 89 -  16  Oct  90  reporting
period.

4.  Added duty history entry beginning for 901017 to account  for  the
DAFSC change to 1315D on the OPR of 17 Oct 90 - 16 Oct 91.

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

The Appeals and SSB Branch, AFPC/DPPPAB, reviewed this application and
recommended denial.  DPPPAB noted the applicant’s  contention  that  a
“K” prefix should be added to all of  the  Duty  Air  Force  Specialty
Codes (DAFSCs) on his OSBs.  However, they did not agree.   As  DPAPS1
pointed  out,  DAFSCs  on  OSB  must  mirror  those  on  the   Officer
Performance Reports (OPRs) rendered for the corresponding period.  The
DAFSC on the OPR is derived from the  position  an  Air  Force  member
holds  within  their  unit  in  accordance  with  the  unit  personnel
management roster (UPMR).  The UPMR lists  (among  other  things)  the
duty position number, the DAFSC, and name of the  person  holding  the
specific position.  Although the applicant may have held a “K”  prefix
on his Primary AFSC, it would not be reflected on his OPR  unless  the
duty position number and DAFSC he was assigned  to  on  the  UPMR  was
coded the same as his PAFSC.  According to DPPPAB, the  applicant  has
not provided evidence, such as an  excerpt  from  the  unit  personnel
management roster (UPMR) showing his name, duty position,  and  DAFSC,
to prove that his DAFSC on his (OPRs) and OSBs were erroneous.

DPPPAB noted that AFPC/DPAPS1 addressed the duty  history  changes  in
their advisory.   They  noted  that  many  of  the  duty  title  entry
additions and changes the applicant requested are  prohibited  by  Air
Force policy.  DPAPS1 did add an entry for Armed Forces Staff  College
(ACSC) beginning 5 Jan 98 and a return to Operations Officer upon  its
completion, 28 Mar 98.  AFPC/DPAPS1 also  "scrubbed"  the  applicant's
record and noted several minor discrepancies and made the  appropriate
changes in the personnel  data  system  (PDS)--none  of  which  DPPPAB
indicated  that   they   would   be   willing   to   grant   promotion
reconsideration as  this  information  is  readily  available  in  the
applicant's officer selection record (OSR).

DPPPAB also noted the applicant’s  contention  that  his  aeronautical
rating should have been "Command Pilot"  instead  of  "Senior  Pilot."
They agreed.  However, he did not produce any evidence  to  show  what
steps  he  took  prior  to  his  P0598B  in-the-promotion  zone  (IPZ)
consideration to ensure his record was accurate.

DPPPAB stated that each officer eligible for  promotion  consideration
by the P0597C and P0598B board received an officer preselection  brief
(OPB) several months prior to the date the boards convened.   The  OPB
contains the same data that will appear on  the  OSB  at  the  central
board.  Written instructions attached to the  OPB  and  given  to  the
officer before  the  central  selection  board  specifically  instruct
him/her to carefully examine the brief for completeness and  accuracy.
The instructions also provide addresses,  and  in  most  cases,  phone
numbers for each area responsible to assist the officer who identifies
discrepancies. If any errors are found, he/she  must  take  corrective
action prior to the selection board, not after it.   The  instructions
specifically state, "Officers will not  be  considered  by  a  Special
Selection Board if, in exercising reasonable  diligence,  the  officer
should have discovered the error or omission in  his/her  records  and
could have taken timely corrective action.”  Although AFPC/DPAPS1 made
several corrections to the applicant's duty history on his OSB, DPPPAB
indicated that they found no evidence to  support  the  applicant  did
anything prior to either his P0597C or P0598B promotion considerations
to ensure his record was accurate.  The applicant could  have  written
the P0597C and P0598B boards to make them aware of  the  discrepancies
in his record.  However, they found no  evidence  he  wrote  any  such
letter.  Based on  the  lack  evidence,  DPPPAB  believes  that  their
recommendation of denial is appropriate, and that SSB consideration by
the P0597C and P0598B Boards are not warranted.

A complete copy of the DPPPAB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  8
Feb 99 for review and response.  As of this date, no response has been
received by this office (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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or  injustice.   We   note   that
AFPC/DPAPS1 indicated that  there  were  a  number  of  administrative
corrections made to the applicant’s assignment  history.   AFPC/DPPPAB
also indicated that the applicant’s aeronautical rating was  in  error
and  it  appears  that  the  appropriate   change   has   been   made.
Notwithstanding  this,  we  are  not   inclined   to   recommend   SSB
consideration  with  a  corrected  OSB.   The  applicant  should  have
received an Officer Preselection Brief (OPB) prior to the convening of
the Board.  In our view, the applicant had a responsibility to  ensure
that his record was correct prior to being considered  for  promotion.
Therefore, in the absence of clear and convincing evidence to  support
a determination  that  the  applicant’s  record  before  the  original
selection board was so inaccurate or misleading  that  the  board  was
unable to make a reasonable decision concerning his  promotability  in
relationship  to  his  peers,  the   applicant’s   request   for   SSB
consideration is not favorably considered.

4.  With regard to the remaining errors alleged by the applicant  that
were not corrected administratively, we agree with  the  opinions  and
recommendations of the Air Force  offices  of  primary  responsibility
(OPRs) and adopt their rationale as the basis for our conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.
Accordingly, his requests are not favorably considered.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 28 Sep 99, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Dec 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPS1, dated 12 Jan 99.
    Exhibit D.  Letter, AFPC/DPPPAB, dated 25 Jan 99.
    Exhibit E.  Letter, SAF/MIBR, dated 8 Feb 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair