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AF | BCMR | CY2000 | 0001169
Original file (0001169.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01169

            INDEX NUMBER:131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

It appears the applicant is requesting that the command level for  his
current duty assignment  on  his  officer  selection  brief  (OSB)  be
corrected from W/B (wing/base) to CMHQ  (major  command  headquarters)
and that he be considered for promotion to  the  grade  of  lieutenant
colonel by Special Selection Board (SSB) for the  CY99B  (30  November
99) Lieutenant Colonel Board with the corrected command level  in  his
promotion file.


APPLICANT CONTENDS THAT:

Prior to the CY99B board, he discovered the discrepancy on his OSB and
called the military personnel  flight  (MPF)  about  the  discrepancy.
Then  several  days  later  he  checked  the  PCIII  system  and   the
discrepancy did not appear to be there.  He concluded that the  matter
was resolved.

On 14 Apr 2000, he received his non-selection counseling from HQ  AFPC
and the  counselor  stated  that  his  job  history  could  have  been
confusing to the board.  Applicant requested  clarification,  and  the
counselor replied, that it appeared as if applicant  was  “fired  from
the MAJCOM” in moving to his base level position.

In support of his appeal, the applicant provided a copy of his OSB,  a
PCIII Current/Projected Duty Information Inquiry, a  letter  from  his
senior rater,  and  a  letter  from  his  MAJCOM  Deputy  Director  of
Operations.

Applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicated
that the applicant was appointed a second lieutenant, on 30 May  1984.
He is currently serving in the grade of major, having been promoted to
that grade, effective 01 April 1996.

Applicant’s Duty History profile on his OSB, dated 16 Nov 99, reflects
a Duty Air Force Specialty Code (DAFSC) of 13S4, effective 01 Sep  98,
Duty Title, Chief, ICBM Employment Analysis, CMD LVL: W/B.

Applicant’s Officer Performance Report (OPR) profile for  the  last  5
reporting  periods  from  16  Mar  93  thru  5  Mar  99  reflects  all
performance factors as meeting standards.


AIR FORCE EVALUATION:

The  Chief,  Scientist  Assignments,  HQ  AFPC/DPASA,  reviewed   this
application and agreed with the applicant that the Assignment  History
portion of  the  OSB  for  the  CY99B  Lieutenant  Colonel  Board  was
incorrect.  They recommend approval of his request to change the  duty
level of his current  duty  assignment  from  ‘W/B’  to  ‘CMHQ’.   The
position is a 13S4 billet located at HQ Air Force Space Command so the
command level should be coded as  ‘CMHQ’.   The  13S  assignment  team
concurred with the recommendation (Exhibit C).

The Acting Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed this
application  and  recommended  denial.   Although  they  accepted  the
recommendation of AFPC/DPASA, they believe that  the  promotion  board
was able to distinguish the difference between the information on  the
OSB and the OPRs.  They did not support promotion  reconsideration  on
this issue as they considered  it  a  harmless  administrative  error.
Therefore, they were not convinced that the contested  erroneous  duty
history entry contributed to the applicant’s nonselection (Exhibit D).


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant took exception to the “harmless error”  comment  in  the
advisory opinion and the level of the evaluators.

He pointed out that there is no debate that an error in his record was
present.  He further stated that  it  is  true  “…there  is  no  clear
evidence that it (the contested duty history) negatively impacted  his
promotion opportunity.”  What is equally true  is  that  there  is  no
evidence saying that it had no effect on his nonselection to Lt Col on
the 30 November 99 Board.

He was surprised by the level of attention (or lack thereof) given  to
the statements of two general officers.  He hopes that the Board  will
seriously consider the experience level presented  on  both  sides  of
this case as well as weigh the facts of this case.

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


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  correction  to
the record and consideration for promotion to the grade of  lieutenant
colonel by a SSB for the CY99B Lieutenant Colonel  Board.   The  Board
agrees with the advisory opinion from HQ  AFPC/DPASA,  that  the  duty
level in question should be changed from ‘W/B’ to  ‘CMHQ’.   While  we
cannot conclusively determine that the error in  his  duty  assignment
caused his nonselection for promotion to  lieutenant  colonel,  we  do
know  that  it  deprived  him  fair   and   equitable   consideration.
Therefore, we  recommend  his  records  be  corrected  to  the  extent
indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his Officer Selection
Brief, prepared for the Calendar Year 1999B (CY99B) Lieutenant Colonel
Selection  Board  be,  and  hereby  is,  amended  to  reflect  in  the
Assignment History  section  that  the  command  level  for  his  duty
effective 1 September 1998 was “CMHQ” rather than “W/B.”

It is further directed that he be  considered  for  promotion  to  the
grade of lieutenant colonel by Special Selection Board for  the  CY99B
Lieutenant Colonel Selection Board, with inclusion of  the  correction
to the  command  level  of  the  Assignment  History  on  his  Officer
Selection Brief.


The following members of the  Board  considered  this  application  in
Executive Session on 07 September 2000, under the provisions of AFI 36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. William H. Anderson, Member
      Mr. Jackson A. Hauslein, Member

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

     Exhibit A.  DD Form 149, dated 28 Apr 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPASA, dated 10 May 00.
     Exhibit D.  Letter, HQ AFPC/DPPPA, dated 19 May 00.
     Exhibit E.  Letter, AFBCMR, dated 02 Jun 00.
     Exhibit F.  Applicant’s Response, dated 23 Jun 00, w/atchs.





                                   JOSEPH G. DIAMOND
                                   Panel Chair



AFBCMR 00-01169




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  his  Officer
Selection  Brief,  prepared  for  the  Calendar  Year  1999B   (CY99B)
Lieutenant Colonel Selection Board  be,  and  hereby  is,  amended  to
reflect in the Assignment History section that the command  level  for
his duty effective 1 September 1998 was “CMHQ” rather than “W/B.”

         It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special  Selection  Board  for  the
CY99B Lieutenant  Colonel  Selection  Board,  with  inclusion  of  the
correction to the command level  of  the  Assignment  History  on  his
Officer Selection Brief.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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