RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03198
                 INDEX CODE:  131

                 COUNSEL:  JOSEPH W. KASTL

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Two Officer Performance Reports (OPRs),  for  the  periods  6 July
1988 through 5 July 1989; and, 6 July 1989 through  5  July  1990,  be
declared void and removed from his officer selection record (OSR).

2.  The citations for the  Aerial  Achievement  Medal  (AAM)  and  the
Meritorious Service Medal Second Oak Leaf Cluster (MSM 2OLC) be placed
in his OSR.

3.  The Air Force Achievement Medal (AFAM) citation,  for  the  period
20 December 1993 to 22 December 1993, unsigned and undated,  currently
in his OSR, be replaced with a citation with the signature and date.

4.  The Overseas Duty History portion of the Officer  Selection  Brief
(OSB), reviewed by the Calendar Year 1997B (CY97B) Central  Lieutenant
Colonel Board, be corrected by adding the inclusive dates and  country
codes for his assignments to Italy and Germany.

5.  He be considered for promotion to the grade of lieutenant colonel,
to include the OPR, for the period 15 June 1996 through 5 May 1997, by
special selection board (SSB) for the CY97B Central Lieutenant Colonel
promotion board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his own, the 5 May 1997  OPR  did  not  reach  the
promotion board on time.  Since the Air Force selected him to attend a
specialty school (in residence), the last OPR seen by  the  board  was
two years old.  The top document in his officer selection record was a
Training Report (AF Form 475).  Applicant believes this  rendered  him
non-competitive for promotion.

Since the awards of the AAM and the MSM 2OLC were reflected on his pre-
selection brief, he believed the citations were properly filed in  the
officer selection record.  The OSR  also  did  not  reflect  his  long
overseas tour to Italy and an additional one  to  Germany.   Applicant
states that he faxed a statement to the Military Personnel Center on 1
March 1996 requesting corrective action regarding  the  overseas  tour
information.

With regard to the two OPRs closing 5  July  1989  and  5  July  1990,
applicant’s   counsel   states   that   the   two   reports    contain
extraordinarily unreliable data.   They  fail  to  reflect  the  solid
professional work, leadership, and spirituality of  the  applicant  at
Lindsey Air Base, Germany.

In support of his request, applicant submits statements from the rater
and additional of the 5 May 1997 OPR; citations for the  AAM  and  MSM
2OLC and a signed and dated copy of an AFAM.  He submits  a  statement
from the rater of the 5 July 1989 and 5 July  1990  OPRs.   The  rater
indicated, on 8 Feb 96, that he couldn’t reaccomplish the OPRs as  the
applicant requests.

The applicant also submits statements from the  additional  raters  of
the 5 July 1989 and 5 July 1990 OPRs  indicating  they  would  support
additional statements to the  Additional  Rater  sections;  statements
from other individuals not  in  applicant’s  rating  chain;  and,  the
original submission of the award of the MSM First  Oak  Leaf  Cluster,
August 1988 to August 1991, by the rater of the two contested OPRs.

Applicant’s submission is attached at Exhibits A and H.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was released from active duty on  31  January  1998  and
retired effective 1 February 1998 in the grade of major.  He served 20
years, 3 months and 7 days of total active  federal  military  service
with 16 years, 4 months and  19  days  of  total  active  commissioned
service.

Applicant  has  two  nonselections  for  promotion  to  the  grade  of
lieutenant colonel by the CY96A (4  Mar  96)  and  CY97B  (2  Jun  97)
Central Lieutenant Colonel promotion boards.

A Board Discrepancy Report for the CY97B promotion board was forwarded
to the 305th MSS from HQ AFPC/DPPR1, on 29 May 97 indicating that  the
AAM and MSM (2OLC) citations were  not  on  file  in  the  applicant’s
officer selection record.

Applicant OPR profile is as follows:

          PERIOD ENDING          OVERALL EVALUATION

          * 5 Jul 89             Meets Standards
          * 5 Jul 90             Meets Standards
            5 Jul 91             Meets Standards
            5 Jul 92             Meets Standards
            5 Jul 93             Meets Standards
            5 Jul 94             Meets Standards
         #  5 Jul 95             Meets Standards
        ## 14 Jun 96             Education/Training Report
            5 May 97             Meets Standards

*   Contested OPRs

#   Top report at time of nonselection to the grade of lieutenant
    colonel by the CY96A Central Lieutenant Colonel Board

##  Top report at time of nonselection to the grade of lieutenant
    colonel by the CY97B Central Lieutenant Colonel Board

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Reports and Queries Team, Directorate  of  Assignments,  HQ
AFPC/DPAIS1,  states  that  they  conducted  a  thorough   search   of
applicant’s selection folder.  They  found  that  the  assignments  to
Italy and Germany were documented in the officer selection record  via
OPRs and the Assignment History portion of the Officer Selection Brief
(OSB).  However, the Overseas Duty History portion of the OSB did  not
reflect these assignments.  The applicant’s Overseas Duty History  was
corrected to reflect the inclusive dates and  country  codes  for  his
assignments to Italy and Germany.

A copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Appeals and SSB Branch,  HQ  AFPC/DPPPA,  states  that  the
applicant’s contention that the  5  May  1997  OPR  should  have  been
considered by the CY97B selection board, is unfounded.  By regulation,
OPRs are required to be placed in the OSR within 60 days of the  close
out date.  In this instance, the report should have been  filed  by  4
July 1997.  The OPR was not signed by the additional  rater  until  20
June 1997 and was filed in the OSR on 14 July 1997 - a month after the
CY97B board was  held.   It  appears  that  had  the  rater  from  the
contested report not been selected for an  assignment,  he  would  not
have written an evaluation until the annual report close out  date  of
15 June 1997.  The reasons cited by the evaluators for  the  delay  in
filing the report are not unique to his  evaluators  or  organization.
AFPC/DPPPA does not recommend the applicant receive SSB  consideration
with the inclusion of the OPR since it was not required  to  be  filed
when the CY97B board convened on 2 June 1997.

The AAM and MSM 2OLC citations were missing from  the  OSR.   However,
the purpose of having a citation included in  the  record  is  not  to
allow board members the opportunity to peruse  the  comments  thereon.
Rather, the purpose is to make them aware of the level of decorations.
 AFI 36-2608 specifically cites that orders granting  decorations  may
be filed and  maintained  when  a  like  citation  is  not  available.
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 citations were not on file when  the  board  convened,  the
board members were aware of their existence as evidenced by  both  the
entries on the OSB and a memorandum from the  HQ  AFPC/DPPBR1  to  the
applicant’s servicing Military Personnel Flight (MPF), requesting they
notify the applicant of the  missing  citations  and  take  corrective
action.  The board members were  knowledgeable  the  decorations  were
given which is the ultimate purpose of including them in the promotion
selection process.

AFPC/DPPPA concurs  with  the  DPAIS1  advisory  with  regard  to  the
applicant’s missing overseas duty information.  The  corrections  were
accomplished for the CY96A promotion board by a local  update  to  the
promotion file  only.   However,  his  overseas  duty  assignments  to
Germany and Italy were still missing from the Headquarters  Air  Force
(HAF) file and were, therefore, not present on the  CY97B  OSB.   Each
officer eligible for promotion consideration received an officer  pre-
selection brief (OPB) several months  prior  to  the  date  the  board
convened in June 1997.  The OPBs were sent to the MPFs on 22  February
1997 and should have been distributed to those eligible for  promotion
consideration approximately 10 days later.  The OPB contains the  same
date that will appear on the OSB at the central board.  If errors  are
found, the officer must take corrective action prior to the  selection
board.  Applicant could also  have  written  a  letter  to  the  board
president identifying the omissions  in  his  overseas  duty  history.
AFPC/DPPPA concludes that the applicant did  not  exercise  reasonable
diligence to insure his records were accurate for the CY97B  promotion
board, nor did he  take  timely  corrective  action.   They  recommend
denial.

A copy of the Air Force evaluation is attached at Exhibit D.

The Retirements Branch,  HQ  AFPC/DPPRR,  states  that  if  a  special
selection board (SSB) is convened and the  applicant  is  subsequently
selected for promotion to lieutenant colonel, he would  incur  a  two-
year active duty service commitment (ADSC) from the effective date  of
promotion.  Additionally, Section  1370,  Title  10,  U.S.C.  requires
lieutenant colonels to hold that grade for three years on active  duty
in order to retire in that grade.  However, under the authority issued
by the Secretary of Defense, the Secretary of the Air Force may reduce
this period to not less than two years  in  the  case  of  retirements
effective during the nine-year period beginning 1 October 1990.   They
recommend denial.

A complete copy of the Air Force evaluation is attached at Exhibit  E.


_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
15 December 1997 for review and response within  30  days.   Applicant
obtained counsel who submitted  responses,  with  attachments,  on  18
February 1998 and 31 December 1998.

With regard to the contested OPRs, 5 Jul 89  and  5  Jul  90,  counsel
states  that  the  applicant  was  victimized  by   two   back-to-back
lackluster,  mediocre  evaluations.   He  states  that  three  Command
chaplains with expertise, insider knowledge,  and  seniority  conclude
that the two ratings were unfair.  Others with direct interaction with
the applicant plead for his promotion.

Counsel’s responses, with attachments, are attached at Exhibits G  and
H.

Applicant submitted an additional letter, dated 11 January 1999,  with
attachments, that were not previously  attached  to  his  application.
The letter, with attachments, is attached at Exhibit I.

_________________________________________________________________

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  a   special
selection board (SSB) consideration for  promotion  to  the  grade  of
lieutenant  colonel  by  the  Calendar  Year  1997B  (CY97B)   Central
Lieutenant Colonel Board, to include the  Officer  Performance  Report
(OPR) for the period 15  June  1996  through  5  May  1997;  and,  the
citations for the awards of the Aerial Achievement Medal (AAM) and the
Meritorious  Service  Medal  Second  Oak  Leaf  Cluster  (MSM   2OLC).
Applicant submits a strong supporting statement from the rater of  the
OPR in question who indicates that he (rater) was reassigned to a  new
position and he prepared the applicant’s OPR and signed it in time  to
meet the promotion board.  A supporting statement from the  additional
rater also indicates that he intended for the OPR in  question  to  be
reviewed by the promotion board and supports the applicant’s  request.
We also note that the citations for the awards of the AAM and the  MSM
(2OLC) were missing from  the  applicant’s  Officer  Selection  Record
(OSR) when it was reviewed by the  CY97B  promotion  board.   Although
these awards were reflected on the Officer Selection Brief  (OSB),  we
believe that the citations give the Board members detailed information
as to the reason for  the  award.   Although  we  cannot  conclusively
determine whether or not the missing citations and  the  exclusion  of
the OPR in question were the cause of the applicant’s nonselection for
promotion, we do believe they served to preclude his consideration  on
a fair and equitable basis.  Therefore, we believe it would be in  the
interest of justice to afford  him  the  maximum  benefit  within  the
system by providing for reconsideration of his record by an SSB,  with
the citations and OPR included in his record.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  with  regard  to  the
remainder of applicant’s requests.  After a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that the two Officer Performance Reports (OPRs), closing 5  July  1989
and 5 July 1990 should be voided and removed  from  his  records;  the
Overseas Duty History portion of the  Officer  Selection  Brief  (OSB)
should be changed; or, that a signed copy of the citation of  the  Air
Force Achievement Medal (AFAM) should be inserted into the  OSR.   His
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.  On reaching  these  conclusions,
we considered the following:

    a.  With regard to the two OPRs closing 5  July  1989  and  5 July
1990, we note that the rater was the same for both OPRs and  there  is
no statement from the rater to indicate that  the  OPRs  were  not  an
accurate assessment of the applicant’s performance.  We also  noted  a
statement signed by the rater in February  1996  which  indicates  the
applicant  requested  that  the  OPRs  be  reaccomplished  on  several
different occasions.  The applicant did provide  statements  from  the
additional raters of the two OPRs in question;  however,  even  though
they are willing to add statements in retrospect, in our opinion, they
should have been aware of the applicant’s accomplishments at the  time
the OPRs were rendered.

    b.  With respect to the applicant’s Overseas Duty History  portion
of the OSB, we agree with AFPC/DPPPA that each  officer  eligible  for
promotion receives an officer preselection brief (OPB) several  months
prior to the date  the  promotion  board  convenes  and  it  is  their
responsibility  to  assure  that  all  the  information  is   correct.
Although the overseas duty history was not reflected on the OSB at the
time the promotion board convened, the information  was  reflected  on
the OPRs in the applicant’s Officer Selection Record reviewed  by  the
board.

    c.  Regarding the unsigned citation for the Air Force  Achievement
Medal (AFAM), in the absence of substantive evidence that this was the
sole cause of his nonselection, we are compelled to conclude that this
omission constitutes a harmless error.  Therefore, we  find  no  basis
upon which to recommend favorable action  on  these  portions  of  his
application.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  the  Field  Grade
Officer Performance Report, AF Form 707A, rendered for the  period  15
June 1996 through 5 May 1997, be amended in “Section  VII,  Additional
Rater Overall Assessment, by changing the “Date” to 29 May 97 vice  20
Jun 97.

It is further recommended that his records,  to  include  the  Officer
Performance Report closing 5 May 1997; the citations for the awards of
the Aerial Achievement Medal, for the period  3 December  1993  to  12
August 1994; and,  the  Meritorious  Service  Medal  Second  Oak  Leaf
Cluster, for the period 8 September 1991 to 31 May 1995, be considered
for promotion to the grade of lieutenant colonel by Special  Selection
Board (SSB) for the Calendar Year 1997B (CY97B).

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 1999, under the  provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Patrick R. Wheeler, 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 15 Oct 97, w/atchs.
   Exhibit B.  Applicant's Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPAIS1, dated 12 Nov 97.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 4 Dec 97.
   Exhibit E.  Letter, HQ AFPC/DPPRR, dated 10 Dec 97.
   Exhibit F.  Letter, AFBCMR, dated 15 Dec 97.
   Exhibit G.  Counsel’s Letter, dated 18 Feb 98.
   Exhibit H.  Counsel’s Letter, dated 31 Dec 98.
   Exhibit I.  Applicant’s Letter, dated 11 Jan 99, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


INDEX CODE:  131

AFBCMR 97-03198




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---, ----, be corrected to show that the Field Grade
Officer Performance Report, AF Form 707A, rendered for the period 15
June 1996 through 5 May 1997, be amended in “Section VII, Additional
Rater Overall Assessment, by changing the “Date” to 29 May 97 vice 20
Jun 97.

      It is further directed that his records, to include the Officer
Performance Report closing 5 May 1997; the citations for the awards of
the Aerial Achievement Medal, for the period 3 December 1993 to 12
August 1994; and, the Meritorious Service Medal Second Oak Leaf
Cluster, for the period 8 September 1991 to 31 May 1995, be considered
for promotion to the grade of lieutenant colonel by Special Selection
Board (SSB) for the Calendar Year 1997B (CY97B).








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency