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AF | BCMR | CY1999 | BC-1998-00586
Original file (BC-1998-00586.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00586
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Correction of his duty title to read “Chief, Wing Safety” and  effective
date as portrayed on the Officer Selection Brief (OSB).

2.  The Army Achievement Medal (AAM) for the period 7 July 1991  through  31
July 1991 be added to his OSB prepared  for  the  CY97C  Lieutenant  Colonel
Board.

3.  Correction of a DAFSC on the Officer Performance Report  (OPR)  rendered
for the period 30 July 1994 through 29 July 1995.

4.  He be considered for promotion to the grade  of  lieutenant  colonel  by
Special  Selection  Board  (SSB)  for  the  Calendar  Year   1997C   (CY97C)
Lieutenant Colonel Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His 15 July 1997 duty title reads “Deputy Chief,  Wing  Safety,"  it  should
read “Chief, Wing Safety” effective 10 July 1997.  The OPR closing  29  July
1995 with a DAFSC as “12F1F” should  read  “12F3F”;  and  the  AAM  was  not
listed on his records.  He states he was informed by  AFPC,  that  he  could
have no more than seven medals listed on  his  officer  pre-selection  brief
(OPB).

In support of his appeal,  the  applicant  provided  a  personal  statement,
printout from the personnel data system (PDS),  pre-selection  brief  (OPB),
AAM citation, 29 July 1995 OPR,  officer  single  uniform  retrieval  format
(SURF), and an  AF  Form  2096  (Classification/On-the-Job  Training  Action
Form).

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________



STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY97C lieutenant colonel board which  convened  on
21 July 1997.

In March 1997 his duty title  of  “Chief,  Wing  Safety”  effective  10 July
1997, was corrected in the personnel data system (PDS).

Only seven entries are permitted in the decoration portion of the  OSB.   If
an  applicant  has  more  than  seven  decorations,  only  the  seven   most
prestigious decorations will appear on the OSB.

Applicant's OER/OPR profile follows:

      PERIOD ENDING    OVERALL EVALUATION

       1 Mar 1992      MEETS STANDARDS
       1 Mar 1993      MEETS STANDARDS
      17 Sep 1993      MEETS STANDARDS
      29 Jul 1994      MEETS STANDARDS
      29 Jul 1995      MEETS STANDARDS
      29 Jul 1996      MEETS STANDARDS
*     16 Mar 1997      MEETS STANDARDS
       6 Nov 1997      MEETS STANDARDS

* Top Report on file at time of the CY97C selection board.
_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Reports  and  Queries  Team,  Directorate  of  Assignments,  HQ
AFPC/DPAISI, reviewed this application and  states  that  the  15 July  1997
duty entry should be changed to reflect “Chief, Wing  Safety”  effective  10
July 1997.  This change has been made into the personnel data system  (PDS).
 In regard to the correcting of the OPR as it reads  DAFSC  “12F1”  to  read
“12F3F”, they suggest member exhaust all other  means  to  have  this  DAFSC
corrected  before  going  forward  to  the  Board.   They  also  note  other
discrepancies in the  member's  records  that  were  not  addressed  by  the
applicant’s application; however, do play a  part  in  a  true  and  correct
profile of members duty history.  They are as follows:

      a.  1 August 1996:  The duty title and DAFSC  as  reads  on  the  July
1997 OSB “Deputy Chief, Wing Safety 12F3F” has since been  changed  to  read
“Deputy Chief of  Wing  Safety  S12F3F."   This  is  incorrect.   They  have
changed the duty title back to its original  text  and  deleted  the  prefix
from members DAFSC to coincide with the OPR closing 16  March  1997  as  the
“Deputy Chief, Wing Safety 12F3F."

      b.  20 October 1992:  The duty title and DAFSC as currently reads  “CM
Requirements MGMT Officer 12F4Y” does not coincide with the source  document
on  file.   They  have  corrected  the  duty  title  and  DAFSC  to  reflect
“Requirements Management Officer 2255Y” to coincide with the OPRs closing  1
March 1993 and 17 September 1993.

      c.  19 July 1990:  The duty title  as  reads  “Assistant  Director  of
Operations” does not coincide with the OPR covering this time frame  as  the
“Brigade Air Liaison Officer”.  They  have  corrected  this  duty  title  to
coincide with the OPR dated 26 April 1990 through 25 April 1991 and added  a
new  duty  entry  dated  26  April  1991  as  the  “Assistant  Director   of
Operations”.

      d.  9 November 1988:  The duty title as reads “Safety  Officer,  IWSO,
F-4” does not coincide  with  the  OPR  covering  this  time  frame  as  the
“Instructor Weapon System Officer, F-4E”.  They  have  corrected  this  duty
title to coincide with the OPR dated 12 April 1988 - 11 April 1989.

They state that the applicant should submit an AF Form  948  to  appeal  the
DAFSC on the OPR closing 29  July  1995.   They  defer  to  HQ  AFPC/DPPPAB.
[Examiner’s Note:  As of 8 September 1998, applicant has  not  filed  an  AF
Form 948 to appeal the DAFSC on the OPR closing 29 July 1995.]

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

The  Chief,  Appeals  and  SSB  Branch,  Directorate  of  Personnel  Program
Management, HQ AFPC DPPPA, reviewed this application  and  states  that  the
applicant did not provide anything to convince them he made  attempts  prior
to the CY97C board convened to correct the contested duty title omission  on
his OSB.  Had he been diligent in maintaining his records,  the  appropriate
duty title would have been present on the OSB for the board’s review.   They
note applicant did write a letter to the CY97C  board  president.   However,
those letters are destroyed upon completion of each board.  Therefore,  they
are unable to determine if the  applicant  discussed  this  issue  with  the
board members in his correspondence.  It is evident the information was  not
updated until 18 February 1998, seven months after  the  board  convened  in
July 1997.  The applicant contends his DAFSC on the 29 July 1995 OPR  should
have been “12F1F”.  While the AF Form 2096 does state  he  was  awarded  the
DAFSC 19 January 1995, AFMAN 36-2105, attach 5, para 3.3.  states  in  part,
“....The  following  training  is  mandatory  as  indicated...For  award  of
AFSC12F3X completion of transition and operational training  in  the  suffix
specific aircraft.”  The “F” suffix denotes  F-15E  Weapons  System  Officer
(WSO).  After reviewing his duty history, it is apparent he did  not  attend
WSO training until December 1997.  Therefore, he was not qualified  to  hold
the contested DAFSC when either the July OPR was rendered or when the  board
convened  in  July  1997.   The  selection  board  had  his  entire  officer
selection record that clearly outlines his accomplishments  since  the  date
he came on active duty.  They are not convinced the  omission  of  the  duty
title and the AAM on his OSB or the duty title  on  his  OPR  was  the  sole
causes of the applicant’s nonselection.  They are strongly  opposed  to  the
applicant receiving SSB consideration  on  these  issues.   Therefore,  they
recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluations and states  that  the  recommendation
to deny his consideration is based  on  misunderstood  facts.   He  attended
initial WSO training for the F-15E  on  1  August  1994  at  Luke  AFB.   He
arrived at RAF Lakenheath in January 1995 where he was awarded the  AFSC  of
“12F3F”, where he  flew  operationally  for  three  years.   He  arrived  at
Seymour  Johnson  AFB  on  11  November  1997  where  he  entered  a  formal
Instructor Course on 1 December 1997, the date AFPC/DPPPA  say  he  attended
WSO training.  He was already a qualified F-15E WSO for  three  years  prior
to arriving at Seymour Johnson.  The formal course he completed will  change
his DAFSC to “T12F3F” and designate him as a  qualified  instructor  in  the
only F-15E formal training unit.  He was qualified  to  hold  the  contested
DAFSC.

He states he went through a very exhaustive  process  to  correct  his  duty
title history beginning the day after he became the “Chief  of  Safety”,  11
July 1997.  From 11 July 1997  to  February  1998,  he  had  to  update  his
records three times to correct his duty title history.

Applicant’s complete response, with attachments, is attached at Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Acting Chief, Appeals & SSB Branch,  Directorate  of  Personnel  Program
Management, HQ AFPC/DPPPAB, reviewed this application and states  that  they
note that  the  applicant’s  duty  Air  Force  Specialty  Code  (DAFSC)  was
correctly annotated on his officer  selection  brief  (OSB)  for  the  CY97C
board; therefore, the board members were  aware  of  its  existence  by  the
entry on the OSB.

The applicant once again contends the Army Achievement  Medal  (AAM)  should
have been  presented  to  the  board.   They  stand  by  their  comments  in
paragraph f of their 22 April 1998 advisory.

In reference to the applicant’s contention his most recent duty title  entry
was missing from the Assignment History  portion  of  the  CY97C  OSB,  they
defer to HQ AFPC DPAPS1’s advisory.

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

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the  advisory  and  states  that  in  HQ  AFPC/DPPPAB
advisory paragraph d, states that they defer to HQ  AFPC/DPAPS1’s  advisory.
DPAPS1’s advisory agrees with his contention that his duty title  should  in
fact have been “Chief of Wing Safety” not “Deputy Chief of Wing  Safety”  at
the time the CY97C board met, and that correction has been made to his  duty
title history.  If AFPC/DPPPAB agree with AFPC/DPAPS1’s  advisory  that  his
duty  title  was  wrong  when  the  board  met,  then  what  is  the  denial
recommendation based on, the fact that his duty title  was  wrong  when  the
board met or that the duty title change does not carry  enough  significance
to warrant an SSB?  They agree on one hand that the board  did  not  see  an
accurate representation of his duty title history  and  that  it  should  be
changed but then they contend that he should not meet  an  SSB  because  his
duty title was changed, effective 10 days before the board met.

He states that he understands the decision on the incorrect  DAFSC  and  the
missing medal, and he agrees that those items may not be a major  factor  in
justifying an SSB.  S for  him  being  the  Chief  of  Safety,  a  Lt  Col’s
position usually reserved for some one in line for an Operations Officer  or
Squadron Commander’s job, he firmly believes this  shows  the  direction  he
was headed in his career and the confidence the  wing  commander  placed  in
him, and that it should be a major factor in  the  decision  of  meeting  an
SSB.  His top OPR for that board read “Deputy Chief of  Safety”.   His  last
OPR, dated 6 November 1997, clearly indicates that  he  was  the  “Chief  of
Safety” and my corrected duty title history shows that he was the  Chief  of
Safety when the board met.  He claims he made  every  attempt  to  get  that
information updated prior to the CY97C board.

Applicant’s complete response, with attachments, is attached at Exhibit I.
_________________________________________________________________





THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations on all requests, with the exception of the requested  correction
of his DAFSC on the OPR closing 29 July 1995.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.   In  this  respect  we  note  the
following:

      a.  The applicant contends that the Army Achievement Medal  (AAM)  for
the period 7 July 1991 through 31 July 1991 be added  to  his  OSB  prepared
for the CY97C Lieutenant Colonel  Board.   However,  as  noted  by  the  Air
Force, only seven entries are permitted in the  decoration  portion  of  the
OSB.  In view of the fact that his OSB reflected  seven  entries  and  those
awards are more prestigious than the contested AAM we find that  this  award
should not have been reflected on the OSB.

      b.  As noted above, applicant has  not  exhausted  his  administrative
remedies in regard to a change to his DAFSC  on  the  OPR  closing  29  July
1995.  Once applicant has appealed this request through proper channels  and
if his request is denied he can file an application to this Board.

      c.  We note that several changes have been made to  his  duty  history
to include the duty title of “Chief, Wing Safety,” effective 10  July  1997,
however, we are not persuaded that these administrative changes warrant  SSB
consideration.  In this regard, we note that these  changes  were  reflected
on his OPRs which were a matter of  record  when  considered  by  the  CY97C
board.  After reviewing the evidence of record, we note that  the  selection
members evaluate the entire officer record  and  since  these  duty  history
changes to his OSB were reflected on the OPRs, we do not believe that  these
administrative changes were the cause of applicant’s not being selected  for
promotion.  In view of the above, we are compelled to  conclude  that  these
omissions from his record were harmless errors.  Therefore, in  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting SSB consideration for promotion to the grade of lieutenant  colonel
by the CY97C board.

_________________________________________________________________







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 16 February 1999, under the provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 February 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAISI, dated 24 March 1998.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 22 April 1998.
   Exhibit E.  Letter, SAF/MIBR, dated 4 May 1998.
   Exhibit F.  Letter, Applicant, undated.
   Exhibit G.  Letter, HQ AFPC/DPPPAB, dated 19 November 1998.
   Exhibit H.  Letter, SAF/MIBR, dated 14 December 1998.
   Exhibit I.  Letter, Applicant, Undated, w/atchs.





                                CHARLENE M. BRADLEY
                                Panel Chair


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