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AF | BCMR | CY1999 | BC-1998-01099
Original file (BC-1998-01099.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01099
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  A “C” prefix be added to his Air Force Specialty  Code  (AFSC)  6716,
for the period 8 July 1991 through 15 August 1992, while serving  as  the
Air Force Headquarters Section and Air Force Element Section Commander.

2.  His Officer Performance Reports (OPRs) rendered for  the  periods  14
February 1991 through 15 August 1991 and 16 August 1991 through 15 August
1992 be amended to include the “C” prefix to his DAFSC.

3.  He be considered for promotion to the grade  of  colonel  by  Special
Selection Board (SSB) for the Calendar Year 1997B (CY97B) Central Colonel
Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The individual who performed these duties at the Air Force Accounting and
Finance Center (AFAFC) just  prior  to  the  deactivation  of  AFAFC  and
subsequent activation of  the  Defense  Finance  and  Accounting  Service
(DFAS)  was  awarded  a  commander  prefix  for  serving  as  the   AFAFC
Headquarters Squadron Section Commander.  The individual  who  served  as
the Air Force Element Section Commander after he PCS’d  also  received  a
commander prefix.  Due to the utter confusion  associated  with  military
personnel issues associated with standing up DFAS, he was never awarded a
commander prefix.  He further states that he  was  advised  by  AFPC/DPPP
that  he  would  need  to  address  his  request  as  an  injustice  vice
administrative error as the  actual  position  number  to  which  he  was
assigned while at DFAS was not coded a commander position at the time  he
served as the Air Force Element Section Commander.   The  fact  that  the
position  was  coded  an  “A”  prefixed  position  under  the  Air  Force
Accounting and Finance Center and has since been  coded  a  “C”  prefixed
position  by  the  Defense  Finance  and  Accounting  Service  does   not
constitute an administrative or technical error that could  be  corrected
without a AFBCMR action.

In support of the appeal, applicant submits a personal statement, a  copy
of a Single Uniform Retrieval Format (SURF), a copy of Special  Order  M-
001, M-002, and M-003, and a memorandum from DFAS-DE/DQ.

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 lieutenant colonel.

Applicant have two nonselections to the grade of colonel by the CY97B and
CY98C colonel selection boards.

OPR profile since 1991, follows:

       PERIOD ENDING             EVALUATION OF POTENTIAL

         13 Feb 91     Meets Standards (MS)
        *15 Aug 91              MS
        *15 Aug 92              MS
         30 Jun 93              MS
         30 Jun 94              MS
         30 Apr 95              MS
         30 Apr 96              MS
         30 Apr 97              MS
         30 Apr 98              MS

       *Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Reports  and  Queries  Team,   AFPC/DPAIS1,   reviewed   the
application and states that they are unable to concur with the  award  of
the  “C”  prefix  until  such  time  as   the   OPRs   are   successfully
appealed/amended.

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

The Chief, Promotion, Evaluation  and  Recognition  Division,  AFPC/DPPP,
reviewed the application and states that the applicant does  not  specify
whether he wants the change made to the entry in the  Assignment  History
portion of his Officer Selection Brief (OSB), or the DAFSC on his Officer
Performance Reports (OPRs) rendered for  the  periods  14  February  1991
through 15 August 1991 and 16 August 1991 through 15 August  1992.   They
state the OPRs did not recommend changing  the  applicant’s  AFSC;  while
normally it is the manpower document which drives the DAFSC on  the  OPR,
after passage of time as in this case, where manpower  documents  are  no
longer available, a change cannot be made to the assignment history which
would make it conflict with the DAFSC on the OPR(s) for that period.  The
applicant submits a copy of a SURF of an individual  who  held  the  same
duty position and DAFSC  as  the  applicant  had  occupied  when  he  was
assigned to DFAS, stating the DAFSC assigned to that position  number  is
now coded with a “C.”  They state however, the applicant did not  provide
any evidence, such as letters from his  evaluators  or  official  manning
documents, to prove the duty position should have been coded  “C”  during
the contested reporting period.  Therefore, they  conclude  the  OPR  was
completed in accordance with governing directives.

They further state, although the  applicant  did  not  request  it,  they
assume he would like special selection board (SSB  consideration  by  the
CY97B board if the “C” prefix is added to the DAFSC on either the OSB  or
the OPRs or both.  They point out that there is no  clear  evidence  that
the omission of the “C” prefix  on  the  DAFSC  negatively  impacted  his
promotion  opportunity.   Central  boards  evaluate  the  entire  officer
selection record (OSR) assessing whole  person  factors.   The  selection
board had his entire OSR that clearly outlines his accomplishments  since
the date he came on active duty.  They are not convinced the omission  of
the “C” prefix from the DAFSC on the contested OPRs or OSB was erroneous,
nor  that  it’s  omission  was  the  sole  cause   of   the   applicant’s
nonselection.  They state that the comments in the body of the 15  August
1991 OPR mention that the applicant served as a  Squadron  Commander  for
over  200  personnel  in  addition  to  being  the  Chief,   Retire   Pay
Entitlements Division.  The subsequent OPR describe one of his duties  as
an Air Force Element Section Commander  for  over  200  personnel  as  an
additional duty.  They  do  believe  he  served  in  the  capacity  of  a
commander, however, it appears it was not his primary  duty.   Therefore,
they are opposed to the applicant receiving  SSB  consideration  on  this
issue.  Therefore, based on evidence provided they  recommend  denial  of
applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that  he  strongly
disagrees with the recommendation made in the advisory opinion  that  his
request not be accepted because it is untimely.  He states the  discovery
of the injustice was not made until     18 March  1998,  and  then,  only
because he was reviewing records of potential job candidates at AFPC.  He
further states that he did not realize  at  the  time  he  submitted  the
request that he had to be extraordinarily specific in every detail of his
request.  He assumed if he were successful in correcting the injustice of
not having been awarded a commander prefix on his AFSC for the  period  8
July 1991 through 15 August 1992, an  automatic  chain  of  events  would
transpire forcing a correction  of  all  official  documents  and  boards
impacted by correction of the injustice.  His specific request is to have
his personnel records updated to reflect a commander prefix on his  AFSC.
In turn, that the two OPRs be corrected to show a  commander  prefix  and
that his OSB reflect a commander prefix for the period in  question.   He
is further requesting that he be allowed to meet a supplemental promotion
board for the last three colonel boards,  his  two-year  Below  the  Zone
(BTZ) board, his one-year BTZ board and his In  the  Primary  Zone  (IPZ)
board.  He states that the BTZ boards are  important  because  he  had  a
definitely promote recommendation for both of his BTZ boards.  He submits
additional  evidence  in  the  form  of   statements   of   support   and
clarification from senior leadership in his direct  rating  chain  during
the period in question, senior leadership at the time of  the  boards  in
question, and copies of his Promotion Recommendation  Forms  (PRFs).   He
states that at the time the OPRs were written, they  were  correct.   The
alleged injustice happened after they were written.  He states, in his 23
years in the military, he has never seen or known a part-time  commander;
you either are a commander or you are not.

In summary, he would like to say that he  has  faithfully  and  dutifully
given almost 23 years of his life to the Air  Force  and  harbor  no  ill
feelings  over  his  recent  nonselection  to  the  grade   of   colonel.
Regardless of the decision, he will continue to support  and  defend  the
Constitution of the United States to the best of his  ability.   He  does
strongly  believe,  however,  that  the  injustice  he  is  alleging  and
supported by his rating chain, was a significant factor in  the  previous
three promotion boards and should be corrected.

Applicant's complete response, with attachments, is attached  at  Exhibit
E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The  NCOIC,  Reports  and  Queries  Team,   AFPC/DPAIS1,   reviewed   the
application and states that this office stands by its  original  response
that “we are unable to concur with the award of the “C” prefix until such
time as the OPRs are successfully appealed/amended.”

A complete copy of their evaluation is attached at Exhibit F.

The Assignments Advisor, AFPC/DPAPP2, reviewed the application and states
that the approval for the manpower authorization to show a “C” prefix  to
the duty AFSC (DAFSC) and/or the designation of Element Section Commander
came after the applicant’s tour of duty.  Unless the  approval  was  made
retroactive, it would have been effective upon signature, unless a future
date was stipulated.

A complete copy of their evaluation is attached at Exhibit G.

The  Chief,  USAF  Classification  Branch,   AFPC/DPPAC,   reviewed   the
application and states that  for  the  period  in  question,  the  prefix
denoting a commander billet was A.  Prefix A converted to C effective  31
October 1993, the position to which the applicant was assigned was not an
authorized commander position and therefore not  authorized  use  of  the
commander prefix.  They state that the duty titles on the OPRs  (for  the
contested timeframe) indicate a division chief position,  not  a  section
commander.  They further state, in order for the applicant to be entitled
to receive the commander prefix, manpower officials will have to make the
effective date retroactive to a  date  which  encompasses  the  contested
period.  Otherwise, affixing commander prefix A to the applicant’s  DAFSC
is  inappropriate.   Therefore,  they  recommend  denial  of  applicant’s
request.

A complete copy of their evaluation is attached at Exhibit H.

The Chief,  Promotion,  Evaluation  &  Recognition  Division,  AFPC/DPPP,
reviewed the application and states that they concur with the assessments
of AFPC/DPAISI, AFPC/DPAPP2 and AFPC/DPPAC and have  nothing  further  to
add on the issues discussed in their advisories.  They  state,  based  on
their findings, they do not support correction of the contested  OPRs  or
promotion reconsideration by the CY97B or CY98C colonel selection boards.

A complete copy of their evaluation is attached at Exhibit I.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 12 April 1999, copies of the Air Force evaluations were  forwarded  to
applicant for review and response within 30 days.  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.  After reviewing  the  evidence
of record, we believe that sufficient  evidence  has  been  presented  to
warrant awarding the applicant a commander prefix during the  periods  in
question.  It is noted that the individuals, prior and subsequent to  the
applicant, who performed the same duties as the applicant, were awarded a
commander prefix.  The excessive delay in obtaining approval to recognize
this position with a commander prefix was of no fault of  the  applicant.
Applicant has requested a “C” be added to his specialty code; however, we
note that during  the  contested  periods  the  proper  prefix  was  “A”.
Therefore, we recommend that his OSB and the OPRs closing 15 August  1991
and 15 August 1992, be amended by adding an “A” prefix to his DAFSC.   In
addition, we recommend his corrected record be considered  for  promotion
to the grade of lieutenant colonel by SSB for the  CY97  selection  board
and any subsequent board in which the above recommended  correction  were
not a matter of record.  Since the  “C”  was  not  established  until  31
October 1993, his requests to have this prefix  added  is  not  favorably
considered.

_________________________________________________________________

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 Officer Performance Reports, AF Forms 707A, rendered  for  the
periods 14 February 1991 through 15 August 1991 and     16 February  1991
through 15 August 1992, be amended in Section  I,  Ratee  Identification,
Item 4, DAFSC, by adding an “A” prefix.

    b.  His Officer Selection Brief be amended by adding an “A” prefix to
his DAFSCs on the effective dates of 1 April 1991 and 26 September 1992.

It is further recommended that his corrected  report  be  considered  for
promotion to the grade of colonel by  Special  Selection  Board  for  the
Calendar Year 1997B Central Colonel Board and for any subsequent board in
which the above correction was not a matter of record.

_________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 29 June 1999, under the provisions of AFI 36-2603:

                  Mr. Robert W. Zook, Panel Chair
                  Mr. Philip Sheuerman, Member
                  Ms. Olga M. Crerar, Member
                  Ms. Phyllis L. Spence, Examiner (without vote)

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



   Exhibit A.  DD Form 149, dated 15 Apr 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAIS1, dated 11 May 98.
   Exhibit D.  Letter, AFPC/DPPP, dated 10 Jun 98.
   Exhibit E.  Letter, AFPC/DPAIS1, dated 9 Feb 99.
   Exhibit F.  Applicant's Response, dated 25 Sep 98, w/atchs.
   Exhibit G.  Letter, AFPC/DPAPP2, dated 25 Feb 99.
   Exhibit H.  Letter, AFPC/DPPAC, dated 15 Mar 99.
   Exhibit I.  Letter, AFPC/DPPP, dated 19 Mar 99.
   Exhibit J.  Letter, AFBCMR, dated 12 Apr 99.




                                   ROBERT W. ZOOK
                                   Panel Chair




AFBCMR 98-01099




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  Officer  Performance  Reports,  AF  Forms  707A,
rendered for the periods               14  February  1991  through  15
August 1991 and 16 February 1991 through 15 August 1992, be amended in
Section I, Ratee Identification, Item  4,  DAFSC,  by  adding  an  “A”
prefix.

                    b.  His Officer  Selection  Brief  be  amended  by
adding an “A” prefix to his DAFSCs on the effective dates of  1  April
1991 and 26 September 1992.

           It  is  further  directed  that  his  corrected  report  be
considered for promotion to the grade of colonel by Special  Selection
Board for the Calendar Year 1997B Central Colonel Board  and  for  any
subsequent board in which the above corrections were not a  matter  of
record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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