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AF | BCMR | CY1999 | 9900725
Original file (9900725.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00725

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) prepared for  consideration  by  the
CY98B  (P0598B)  Below-the-Promotion Zone  (BPZ)  Lieutenant   Colonel
Board, which convened on 1 Jun 98, be  corrected;  and,  he  be  given
Special Selection Board (SSB) consideration with his corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OSB contained numerous errors in the Assignment  History  section.
These errors conflicted with his OPRs and master  records.   He  never
received  an  Officer  Preselection  Brief  (OPB)  affording  him  the
opportunity to correct the errors in his record before  the  convening
of the board.  As a result, his opportunity  for  promotion  selection
was prejudiced.

In support of his appeal, the applicant provided copies  of  his  OSB,
training report, and OPRs.

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
lieutenant colonel, having been promoted to that grade on  1  Aug  99.
His Total Active Federal Military Service Date (TAFMSD) is 13 Sep 82.

Applicant's OER/OPR profile since 1988 follows:

      PERIOD ENDING    EVALUATION

      15 Jul 88  1-1-1
       2 May 89  Meets Standards
       1 Feb 90  Meets Standards
       1 Feb 91  Meets Standards
       1 Feb 92  Meets Standards
      31 May 92  Meets Standards
      31 May 93  Meets Standards
      31 May 94  Meets Standards
      31 May 95  Meets Standards
       8 Nov 96  Training Report
       8 Nov 97  Meets Standards
  #  31 Mar 98   Meets Standards

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

_________________________________________________________________

AIR FORCE EVALUATION:

The  Assignment  Information  Branch,   AFPC/DPAPS1,   reviewed   this
application and addressed the requested action, as it appeared on  the
OSB, as follows:

      a.  15 Aug 95 - Applicant contends his duty  location  as  reads
"McGuire" should read "Ft Dix".  Based on the AF Form 475 contained in
the his selection folder, they concur  with  the  applicant  and  have
verified update in the PDS.

      b.   Apr 94 - Applicant contends his duty command level as reads
"W/B" should read "CMHQ."  Based on the OPR  closing  31 May 94,  they
concur with the applicant and have verified update in PDS.

      c.  8 Apr 91 - Applicant contends his duty title  as  reads  "WG
EXEC ADV FLT TNG 141 EXAM" should read "WG  EXEC,  ADV  FLT  TNG  C141
EXAM."  While they do  not  concur  that  the  duty  title  itself  is
incorrect, they do concur that the presence of the comma and  C  would
have made the entry more readable.  PDS has been updated.

            d.  20 Sep 89 - Applicant contends his duty title as reads
"C141 INSTR ACFT CMDR" should read "ADV  FLT  TNG  C  141  INSTR  ACFT
CMDR."  Based on the OPR closing 1 Feb 90, they concur  that  half  of
the applicant’s duty title was omitted.  They have verified update  to
the PDS with one exception: "CMDR" was input as "CDR" due  to  the  31
character limitation of duty titles in PDS.

            e.  27 Jul 89 - Applicant contends his duty title as reads
"ADV FLT TNG C141 ACFT CMDR" should read "ADV FLT TNG C141 INSTR  ACFT
CMDR."  Based on the OPR closing  1  Feb  90,  they  concur  with  the
applicant on the omission of "INSTR" and have updated the PDS with the
following exception: "CMDR" was input as "CDR" due to the 31 character
limitation of duty titles in PDS.

      f.  17 Jun 88 - Applicant  contends  his  duty  title  as  reads
"INSTR AC C141" should read "INSTR ACFT CMDR C141."  Based on the  OPR
closing 15 Jul 88, they do not concur that the duty  title  itself  is
incorrect; only that a poor choice of acronyms were used.   They  have
updated PDS to reflect the requested duty title.

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

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
recommended denial.

DPPPA noted the advisory from HQ AFPC/DPAPS1 addressing  each  of  the
errors alleged by the applicant.  On each one, AFPC/DPAPS1 has  agreed
to some type of correction to the PDS based on the applicant's record.
 DPPPA accepted  the  corrections  made  to  the  PDS  and  added  the
following for the Board’s consideration.

DPPPA noted the applicant’s contention that he did not receive an  OPB
prior to the P0598B board.  In  researching  the  applicant's  appeal,
DPPPA  indicated  that  they  compared  his  P0598B  OSB  to  the  OSB
considered by the CY97C (21 Jul 97) (P0597C) lieutenant colonel  board
(his first BPZ consideration) OSB and  discovered  that  each  of  the
errors the applicant points  out  on  his  P0598B  OSB  were  also  in
existence on the P0597C OSB.  The applicant does not state whether  or
not he received his P0597C OPB, but we can only presume he  did  since
he is not contesting the OSB reviewed by that board.

According to DPPPA, the OPB is sent to each eligible  officer  several
months prior to a selection board.  The OPB contains  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.  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."  As they  have
stated, the same errors existed on his P0597C OSB, and  the  applicant
has not explained why he took no action when he received his  OPB  for
that board to get the  errors  corrected.   Even  further,  they  have
attached the OSB used for the CY94A (22 Aug 94) major selection  board
(P0494A).  The P0494A board selected the applicant for  the  grade  of
major.  They noted that with the exception of the 1 Apr 94 error (CMHQ
vs. W/B), the same errors the applicant is now pointing out were  also
in existence at the time of the P0494A board as  well.   They  contend
that if these errors were going to  have  a  negative  impact  on  his
promotion opportunity, it  would  have  happened  at  that  time.   In
DPPPA’s view, the applicant has had more than ample  opportunities  to
ensure his assignment history was correct--even if he did not  receive
the OPB prior to the P0598B board.

As pointed out by HQ AFPC/DPAPS1, DPPPA indicated  that  each  of  the
duty history errors were  verified  against  the  applicant's  officer
performance reports (OPRs).  Even though they were  in  error  on  the
OSB, they were correct on the OPRs.  As such, they  opined  that  each
error, in and of itself, was  a  harmless  administrative  error.   In
DPPPA’s view, the selection board had the correct information  in  the
form of the OPRs and took this into  consideration  in  the  selection
process.

DPPPA stated that, while it may  be  argued  that  the  contested  OSB
errors were a factor in the applicant’s  nonselection,  there  was  no
clear evidence that they negatively impacted his promotion opportunity-
-particularly since he was promoted to major with these same errors on
his OSB.  Central boards evaluate the entire officer selection  record
(OSR)  (including   the   promotion   recommendation   form,   officer
performance reports, 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.

According to DPPPA, the applicant has not  demonstrated  he  exercised
“reasonable diligence” in getting these errors corrected.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  14
Jun 99 for review and response.  As of this date, no response has been
received by this office (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.   We  note  that  the
applicant’s  duty  history  has   been   corrected   administratively.
However,  we  agree  with  the  rationale  expressed   by   AFPC/DPPPA
concerning  SSB  consideration  with  the  corrected   duty   history.
Therefore,  in  the  absence  of  sufficient  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, we adopt their rationale and conclude  that
no basis exists to  recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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 16 Mar 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPS1, dated 19 Apr 99.
    Exhibit D.  Letter, AFPC/DPPPA, dated 2 Jun 99.
    Exhibit E.  Letter, SAF/MIBR, dated 14 Jun 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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