RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  99-00728

            INDEX NUMBER:  131.01


            COUNSEL:  NONE


            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Assignment History on his Officer Selection Brief (OSB) for the
CY98 Lieutenant Colonel Selection Board be corrected;  the  Officer
Performance Report (OPR) closing 1 Dec  97  be  considered  in  the
Management Level Review (MLR) process; the wording in  Section  IV,
Promotion Recommendation,  on  his  Promotion  Recommendation  Form
(PRF) for the CY98 board be changed; the citations to accompany the
award of the Defense Meritorious Service Medal (DMSM) and the Joint
Service Achievement Medal (JSAM) be included  in  his  record;  and
that he be reconsidered by a  Special  Selection  Board  (SSB)  for
promotion to the grade of lieutenant colonel by the CY98 Lieutenant
Colonel Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The OSB contained erroneous information.  The command level for his
position as Exec Officer, OPS Directorate, should read  DD/J.   The
command level for his position as Dp Ch, CENTCOM Info Op Spt  Team,
should read DD/J and the organization should read AFELM JT  C2  War
CE JCS San Antonio.  These errors could have created the impression
that he took a step down from a joint duty assignment to  Wing/Base
Level.  The OPR closing 1 Dec 97, was missing from his unit records
at the time of the MLR for promotion recommendations and the report
may have been missing from his Officer Selection  Record  (OSR)  at
the time of the CY98 board.  His post-selection debrief in Sep  98,
indicated it would have been better if the senior rater had  stated
“If I had one more DP to give this would be it” in  Section  IV  of
the PRF rather than “Top 5 percent.”  The  citations  to  accompany
the award of the DMSM and JSAM were missing from his record for the
CY98 board and probably were missing for the CY97 board.

In support of his appeal,  the  applicant  provided  an  assignment
SURF, dated 2 Apr 98; OSB for the CY98  lieutenant  colonel  board,
dated 30 May 98; several documents pertaining to Assignment History
errors and missing decorations; OPRs closing 25 May 97, 1  Dec  97,
and 31 May 98; the PRF for the CY98 lieutenant colonel  board;  and
other documents related to the issues under review (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

Information  extracted  from  the  Personnel  Data   System   (PDS)
indicates that the applicant was  appointed  a  second  lieutenant,
Reserve of the Air Force, on 29 Jan 82.  He was voluntarily ordered
to extended active duty on the same date.  He is currently  serving
on active duty in the grade of major, having been promoted to  that
grade, effective 1 Apr 94.

Applicant's OPR profile for the last 10 reporting periods follows:

      PERIOD ENDING    EVALUATION

      18 Feb 92  Meets Standards
      14 Oct 92  Meets Standards
      15 Oct 93  Meets Standards
       2 Jul 94  Meets Standards
      25 May 95  Meets Standards
      25 May 96  Meets Standards
      13 Dec 96  Training Report
      25 May 97  Meets Standards
   *   1 Dec 97  Meets Standards
      31 May 98  Meets Standards

*Top report CY98 Lieutenant Colonel Selection Board, which convened
on 1 Jun 98.

Documentation in the applicant’s selection  record  indicates  that
the OPR closing 1 Dec 97, was filed in his OSR on 5  Feb  98.   The
citations to accompany the award of the DMSM and JSAM were filed in
his OSR on 12 Mar 99.

___________________________________________________________________

AIR FORCE EVALUATIONS:

The Chief, Assignment Information Branch, AFPC/DPAPS, reviewed this
application and agreed  with  the  applicant  that  the  Assignment
History portion of the OSB for the CY98  Lieutenant  Colonel  Board
was incorrect.  They verified that the  PDS  has  been  updated  to
reflect the corrections to his assignment history.  The  evaluation
is at Exhibit C.

The Chief,  Appeals  and  SSB  Branch,  AFPC/DPPPA,  reviewed  this
application and recommended denial.   Although  they  accepted  the
changes made to the PDS, the Appeals and SSB Branch did not support
promotion  reconsideration  since  the  correct   information   was
contained in the corresponding OPRs.

Regarding the OPR closing 1 Dec 97, the applicant has not  provided
documentation from anyone in his rating chain to verify the OPR was
missing  when  his  record  was   considered   in   the   promotion
recommendation  process.   If  the  applicant  is  challenging  the
validity  of  the  PRF,  he  should  provide  statements  from  the
evaluators addressing whether the OPR would have made a  difference
in the promotion recommendation, if it was missing.   Additionally,
the report was filed in the applicant’s OSR  on  5  Feb  98.   Even
though the duty history entry was not updated on his OSB, it was on
the OPR and available for the board’s review.

With regard to the citations to accompany the award of the JSAM and
DMSM,  the  citations  were  missing  from  the  OSR  when  it  was
considered by the board.  However, they were both reflected on  the
OSB.

The applicant is concerned the citation for the  JSAM  was  missing
when he was considered below the promotion zone (BPZ) by  the  CY97
(21 Jul 97) Lieutenant Colonel Board.  The OSB did  indicate  award
of the JSAM.  However, the DMSM was not included since the  special
order for the award was not published until Dec 97.

A complete copy of DPPPA’s evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the evaluations  were  forwarded  to  the  applicant  for
review and response (Exhibit E).  As of this date, no response  has
been received by this office.

___________________________________________________________________

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   warranting
consideration for promotion to the grade of lieutenant colonel by a
Special Selection Board for the CY 1998B Lieutenant Colonel  Board.
On reaching this conclusion, we considered the following:

    a.  With regard to  the  applicant’s  request  to  correct  the
Assignment History section on the  Officer  Selection  Brief  (OSB)
reviewed by the CY98B promotion  board,  we  note  that  AFPC/DPAPS
concurs with the applicant that the command level  for  the  2  Feb
1997 duty title, Exec Officer, Ops Directorate,  which  read  “W/B”
should have reflected “DD/J”; and the 26 May 1996  duty  title,  Dp
Ch, CENTCOM Info Op Spt  Team,  which  read  command  level  “   ”;
organization “  ”; and duty location “Kelly” should have  reflected
command level “DD/J”; organization “AFELM JT C2 WAR CE”;  and  duty
location “San Antonio.”  We  agree  with  the  AFPC/DPAPS  advisory
opinion.

    b.  Regarding the applicant’s request  that  the  citations  to
accompany the award of the JSAM and the DMSM  be  included  in  his
selection record, we note that the citations were not filed in  his
record until 12 Mar 99, after the promotion  board  met.   Although
these citations were listed on the selection brief  and  the  board
members were aware of the decorations,  the  narratives  for  these
awards were missing.  Therefore, his record might have been  placed
at a disadvantage when compared with other officers’  records  that
may have included the citations.

4.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence  of  probable  error  or  injustice  with
regard to the remainder of the applicant’s requests.

    a.  Regarding the applicant’s contention that the  OPR  closing
1 Dec 97, was missing from his unit records at the time of the  MLR
for promotion  recommendations.   The  applicant  did  not  provide
statements from anyone in his rating  chain  that  the  report  was
missing during the  promotion  recommendation  process.   Moreover,
there is no evidence that, even if  the  report  were  missing,  it
would have made a difference in the promotion recommendation  since
no one in his rating chain submitted statements substantiating that
the PRF was inaccurate.

    b.  With respect to the applicant’s request to make the wording
better in Section IV of his PRF considered by the  CY98  Lieutenant
Colonel Board, we were not persuaded by the documentation  provided
that the  PRF  was  improperly  prepared,  that  it  was  based  on
erroneous information, or, that there was  significant  information
not available at the time the PRF was prepared which would have had
an impact on the promotion recommendation he received.   Therefore,
without evidence to the contrary and in the absence  of  supporting
statements from the evaluators, including the MLR board  president,
we find no basis to render the PRF erroneous and do  not  recommend
changing Section IV, Promotion Recommendation, of the PRF.

    c.  Regarding the applicant’s contention that the  OPR  closing
1 Dec 97, might have been missing from his selection record  before
the CY98 board.  The OPR was filed in his selection record on 5 Feb
98.  Therefore, it was available for review by board members.

    d.  In  response  to  the  applicant’s  contention   that   the
citations for the DMSM and the JSAM were probably missing  when  he
was considered below the zone for promotion to  lieutenant  colonel
by the CY97C promotion board, the JSAM was included on the OSB even
though  the  citation  was  missing  from  the  selection   record.
Therefore, the board members were aware of the award  and  we  view
its omission for his consideration for promotion below the zone  as
harmless.  Furthermore, since the special order for  the  DMSM  was
not published until Dec 97, it would not have been included in  his
record when he was considered by the CY97 board on 21 Jul 97.

5.  After  carefully  considering  the  available   evidence,   the
applicant’s submission, and the administrative corrections made  to
his records after the CY98B board, we  believe  the  applicant  may
have been deprived of full and fair consideration by the  selection
board.  Therefore, we are persuaded that  the  applicant’s  records
should be corrected to the  extent  indicated  below  so  that  the
administrative corrections made subsequent to the  CY98B  promotion
board may be reviewed by an SSB for that board.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.    The Assignment History Section of the Air Force Officer
Selection  Brief,  for  Selection  Board  P0598B,  Sequence  Number
000133, prepared 30 May 1998, be amended as follows:

            1.   Change:  2 Feb 1997 duty title, Exec Officer,  Ops
Directorate, command level “W/B” to read command level “DD/J.”

            2.   Change:  26 May 1996 duty title,  Dp  Ch,  CENTCOM
Info Op Spt Team, command level “  ”; organization “   ”;  location
“Kelly”; to read command level “DD/J”; organization  “AFELM  JT  C2
WAR CE”; and duty location “San Antonio.”

      b.    The citation to accompany the award  of  the  JSAM  was
accepted for file in his Officer  Selection  Record  on  or  before
31 May 1998.

      c.    The citation to accompany the award  of  the  DMSM  was
accepted for file in his Officer  Selection  Record  on  or  before
31 May 1998.

It is further recommended that he be considered  for  promotion  to
the grade of lieutenant colonel by a Special  Selection  Board  for
the CY1998B Lieutenant Colonel Selection Board, which  convened  on
1 June 1998, with inclusion of the corrections  to  his  Assignment
History on his Officer Selection Brief and the  citations  for  the
award of the Joint Service Achievement  Medal  (JSAM)  and  Defense
Meritorious Service Medal (DMSM) in his Officer Selection Record.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 16 November 1999, under the provisions of  AFI
36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Patricia D. Vestal, Member
      Dr. Gerald B. Kauvar, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Mar 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAPS, 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



AFBCMR 99-00728




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 APPLICANT, be corrected to show that:

            a.  The Assignment History Section of the Air Force
Officer Selection Brief, for Selection Board P0598B, Sequence
Number 000133, prepared 30 May 1998, be amended as follows:

                 1.  Change:  2 Feb 1997 duty title, Exec Officer,
Ops Directorate, command level “W/B” to read command level “DD/J.”

                 2.  Change:  26 May 1996 duty title, Dp Ch,
CENTCOM Info Op Spt Team, command level “  ”; organization “   ”;
location “Kelly”; to read command level “DD/J”; organization “AFELM
JT C2 WAR CE”; and duty location “San Antonio.”

            b.  The citation to accompany the award of the Joint
Service Achievement Medal (JSAM) was accepted for file in his
Officer Selection Record on or before 31 May 1998.

            c.  The citation to accompany the award of the Defense
Meritorious Service Medal (DMSM) was accepted for file in his
Officer Selection Record on or before 31 May 1998.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for
the CY1998B Lieutenant Colonel Selection Board, with inclusion of
the corrections to his Assignment History on his Officer Selection
Brief and the citations for the award of the JSAM and the DMSM in
his Officer Selection Record.





            JOE G. LINEBERGER

            Director

            Air Force Review Boards Agency