RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01040
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to colonel by a Special Selection Board
(SSB) for the  CY99A  (2  Aug  99)  Central  Colonel  Selection  Board
(P0699A).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The citation for the Joint Service Commendation Medal (JSCM), for  the
period 4 Jun through 18 Sep  96,  was  not  in  his  record  when  the
selection board convened.

His rating chain did not understand the Management Level Review  (MLR)
process; therefore, he was not represented at the MLR.   The  lack  of
representation at the MLR denied him a fair opportunity to compete for
promotion.

In support of his request, applicant submits a personal statement  and
additional  documents  associated  with  the  issues  cited   in   his
contentions (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  11
May 83.  He is currently serving  on  active  duty  in  the  grade  of
lieutenant colonel, with an effective date and date of rank of  1  Jun
95.

Applicant's  Officer  Performance  Reports  (OPRs)  for  the  last  10
reporting periods reflect an evaluation of “Meets Standards.”
_________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel  Program  Management,  HQ   AFPC/DPPP,
reviewed this application and recommended denial.   DPPP  stated  that
the applicant has one nonselection to the  grade  of  colonel  by  the
P0699A  Central  Colonel  Selection  Board.   DPPP  agrees  that   the
applicant’s citation for the Joint Service Commendation  Medal  (JSCM)
was missing from his officer selection  record  (OSR).   However,  the
officer selection brief  (OSB)  did  reflect  award  of  both  medals.
Although the citation was not present  in  his  OSR  for  the  board’s
review, the selection board had the applicant’s entire  OSR  at  their
disposal during promotion consideration.  A discrepancy  letter  filed
in the OSR indicated to  the  promotion  board  there  was  a  missing
citation, and the level of the medal.  In addition, the applicant’s 13
Apr 96 Officer Performance Report (OPR) reflected almost  all  of  the
accomplishments listed on the JSCM citation.   DPPP  has  subsequently
filed a copy of the JSCM citation in place of the discrepancy  letter.
However, DPPP is not convinced the missing citation contributed to the
applicant’s  promotion  nonselection,  particularly  since  there  are
higher level decoration citations in his OSR.  Although the  applicant
included letters of support  from  his  rater  and  additional  rater,
neither he nor they specifically requested correction of anything  but
the decoration citation in the applicant’s record.  A complete copy of
this evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that on  two
occasions, AFPC made an attempt to notify the USAFE MPF of the missing
citation.  However, this notification was never received.   Reasonable
efforts were made to review his file and correct errors.  The advisory
ignored the statement from his senior rater (an Army officer) that  he
was not aware of  the  MLR  process  enough  to  understand  just  how
critical it was that EUCOM send a representative.  The statement  from
his rater (an Army officer) reflects that he too was not familiar with
the MLR process.  Thus, the failure of his rating chain to  understand
the MLR process ensured his package had no representation at the  MLR.
Without a definitely promote (DP), the opportunity for promotion while
serving in a joint billet appears to be limited.  Without a DP,  Judge
Advocates coming up for promotion, while serving in  joint  positions,
do very poorly.  An SSB will not overcome the  apparent  institutional
bias against judge advocates serving in joint positions, but it  would
overcome the “DP” bias and permit his record to  be  reviewed  on  the
same level as all the others.  A complete copy  of  this  response  is
appended at Exhibit E.
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The  Evaluation  Programs  Branch,  HQ   AFPC/DPPPE,   reviewed   this
application and recommended denial.  DPPP stated  that  there  was  no
error in the process of the Non-line P0699A  Management  Level  Review
(MLR).  DPPPE indicated that according  to  the  governing  Air  Force
instruction, Management Levels (MLs) that do not have a  large  enough
pool of eligible non-line officers  in  any  given  category  to  earn
Definitely Promote (DP) allocations  do  not  conduct  Aggregation  or
Carryover phases at their MLRs for  non-line  competitive  categories.
In these cases, non-line officers compete in aggregation and carryover
phases at the AF Non-line Management Level Review, held  at  HQ  AFPC.
DPPPE stated that because the  applicant’s  ML  did  not  have  enough
eligible officers in the JAG competitive category, they forwarded  his
record to the AF Non-line MLR for competition.  The applicant did  not
earn a “DP” in the aggregation phase of the P0699A  AF  Non-line  MLR.
However, his record did score high enough that the MLR  board  members
forwarded his record to compete again in the carryover phase.  In this
final phase,  the  applicant  was  awarded  a  Promote  (P)  promotion
recommendation.  DPPPE indicated that the applicant was on  completely
equal footing with all other JAG officers who competed  at  this  MLR.
He met both the  Aggregation  and  Carryover  phases  of  this  board,
competing against 27 officers for 6 “DP” allocations.   As  is  always
the case in  the  AF  Non-line  MLR,  none  of  the  27  officers  had
“representation” from their own Management Level.  A complete copy  of
this evaluation is appended at Exhibit F.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The  applicant  reviewed  the  advisory  opinion  and  indicated  that
accepting the AFPC position means ignoring the  manner  in  which  the
rest of the Air Force is being treated.   For  the  rest  of  the  Air
Force, the input of the senior rater (SR) is  ‘key.’   Amazingly,  for
someone serving in a  small  pool  of  eligibles,  SR  involvement  is
totally irrelevant.  The practical effect of  the  current  system  is
that for JAs in joint positions the only  real  chance  for  promotion
comes at the promotion board.  The AFPC  view  is  that  the  existing
process placed him on an equal footing with other  JAs  competing  for
promotion.  This view is only possible if one is willing to ignore the
manner in which all other JA records are reviewed.  A complete copy of
this response is appended at Exhibit H.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  injustice.   We  took  notice   of   the
applicant's complete submission in judging the  merits  of  the  case.
While it is true the citation  for  award  of  the  applicant’s  Joint
Service Commendation Medal (JSCM) was missing from his records at  the
time he was considered for promotion  by  the  CY99A  Central  Colonel
Selection Board, the majority of the Board noted that  the  award  was
annotated on his Officer Selection Brief (OSB) and the selection board
members  had  knowledge  of  this  award.   Central  selection  boards
evaluate the entire officer record.  Hence, the  Board  majority  does
not find the fact that the citation in question was  not  included  in
his Officer Selection Record (OSR),  in  and  of  itself,  caused  his
record to be so inaccurate or misleading  that  the  duly  constituted
selection board was unable to make a  reasonable  decision  concerning
his promotability in relation to his  peers,  particularly  since  the
award was cited on his OSB for the board’s review and the majority  of
the achievements for which he received the award were reflected in his
April 1996 OPR.  With respect to the  applicant’s  allegation  of  not
receiving proper representation at the Management Level Review  (MLR),
the Board majority noted that, according to the  governing  Air  Force
instruction, proper procedures were followed in the  process  of  non-
line officers at the P0699A Non-line MLR.  The Board majority finds no
violation of the Air Force instruction nor is there  evidence  showing
the applicant was treated differently than others similarly  situated.
In the absence of persuasive  evidence  to  the  contrary,  the  Board
majority  agrees  with  the  opinions  and  recommendations   of   the
respective Air Force offices and adopts the rationale expressed as the
basis for their decision that the applicant has failed to sustain  his
burden that he has been the victim of an injustice.  Accordingly,  the
Board majority finds no compelling basis  to  recommend  granting  the
relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 December 2000, under the provisions of AFI 36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. Joseph A. Roj, Member
                  Ms. Patricia D. Vestal, Member

Mr. Roj and Ms. Vestal voted to deny applicant's request.  Mr. Yonkers
voted to grant the applicant's request but did not desire to submit  a
minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 May 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPP, dated 22 Jun 00.
   Exhibit D.  Letter, SAF/MIBR, dated 7 Jul 00.
   Exhibit E.  Letter from applicant, dated 5 Aug 00, w/atch.
   Exhibit F.  Letter, HQ AFPC/DPPPE, dated 20 Sep 00.
   Exhibit G.  Letter, SAF/MIBR, dated 20 Oct 00.
   Exhibit H.  Letter from applicant, dated 17 Nov 00.




                                   TERRY A. YONKERS
                                   Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)


SUBJECT:  APPLICANT, Docket No: 00-01040

      I have carefully considered the circumstances of this case and
do not agree with the majority members of the panel that the
applicant’s request for promotion consideration to the grade of
colonel by a Special Selection Board (SSB) should be denied.

      In arriving at my decision, I note that the appropriate Air
Force office, HQ AFPC/DPPP, confirmed the allegation of the missing
Joint Service Commendation Medal (JSCM) citation from applicant’s
officer selection record (OSR).  However, even though HQ AFPC/DPPP
stated that the awarded JSCM was indicated on the applicant’s Officer
Selection Brief (OSB), the fact still remains that the citation was
not available for review by the appropriate selection board(s).  While
it cannot be conclusively determined what impact the omission of the
citation may have had on the applicant’s promotion opportunity, I
believe any doubt in this case should be resolved in his favor.
Accordingly, it is my decision that the applicant be considered for
promotion to the grade of colonel by an SSB for the CY 99A Central
Selection Board, with inclusion of the JSCM citation, and for any
subsequent boards for which the JSCM citation was not a matter of
record.





      JOE G. LINEBERGER

      Director

      Air Force Review Boards Agency


AFBCMR 00-01040




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 considered for promotion to the grade
of colonel by a Special Selection Board for the Calendar Year 1999A
Central Selection Board and any subsequent boards, with the inclusion
of the Joint Service Commendation Medal (JSCM) citation in his Officer
Selection Record.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency