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AF | BCMR | CY2000 | 0001239
Original file (0001239.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03398
                       INDEX CODE:  131.00

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant  colonel  by
Special Selection Board (SSB) for  the  Calendar  Year  1999B  (CY99B)
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his Air Force Officer Selection Brief (OSB) did not reflect  his
Major Command (MAJCOM) level job experience his records  were  not  as
competitive as his peers at CY99B Board.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

Applicant was considered, but not selected for promotion to the  grade
of lieutenant colonel by the CY99B.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  30 Jan 97       Meets Standards
                  16 Feb 98       Meets Standards
                 *31 Dec 98       Meets Standards
                  31 Dec 99       Meets Standards

*Top report on file at time of CY99B board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Assignment Procedures Section, Directorate of  Assignments,
HQ AFPC/DPPAP1, reviewed this application  and  states  the  date  the
board was convened  the  applicant  was  assigned  to  a  position  at
Headquarters Air Mobility Command with an effective date of 1 Jan  99.
His command level experience had not been updated from  Major  Command
Special Authority (CMSA) to Major Command Headquarters (CMHQ).   There
is not a command level code for “MAJCOM.”  The  appropriate  code  for
positions  at  major  command  headquarters  is  CMHQ.   Although  the
applicant’s command level information was incorrect on  his  selection
brief, it did accurately reflect what was spelled out on  his  officer
pre-selection brief.  The  applicant’s  command  level  code  was  not
updated at the time the position level changed from CMSA to CMHQ.  The
servicing military personnel flight has updated his records  with  the
correct code.  DPAPP1 recommends the request be denied.

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

The Acting Chief, Appeals and SSB Branch, HQ AFPC/DPPPA,  states  that
the applicant contends the officer selection  brief  reviewed  by  the
board did not reflect the correct command level code.  The appropriate
information was correct on  the  member’s  performance  recommendation
form (PRF) as well  as  the  organization  identified  for  that  duty
history entry.  The applicant submitted in support of  his  appeal  an
officer preselection brief (OPB) that incorrectly reflects the command
special activity, but after a closer review of the applicant’s OPB  it
is noted that the three entries directly below the contested 1 Jan  99
entry also reflect command special activity.   The  member  was  aware
that he was not assigned to the command special  activity  and  should
have noted the discrepancy between his new assignment and the previous
one.  DPPA believes  that  the  board  was  able  to  distinguish  the
difference between the  incorrect  information  on  the  OSB  and  the
correct information on the PRF.

Every eligible officer receives an  OPB  several  months  prior  to  a
selection board.  The data on the OPB reflects what will appear on the
OSB  at  the  central  board.   The  servicemember  is  given  written
instructions to carefully examine the brief and if the brief  contains
any inaccuracies it tells them what  actions  they  need  to  take  to
correct the information prior to the  board.   The  instructions  also
state, “Officers will not be considered by a Special  Selection  Board
if, in  exercising  reasonable  diligence,  the  officer  should  have
discovered the error or omission in his/her  records  and  could  have
taken timely corrective action.”  The applicant has  not  demonstrated
he  exercised  “reasonable  diligence”  in   getting   the   erroneous
information  corrected.   They  recommend  denying   the   applicant’s
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

Applicant reviewed the evaluations and states, that regardless of  his
interpretation, the selection brief used by the board did not  reflect
the proper code, thus indicating to the board an inaccurate  level  of
experience for his position.  By not having the correct command  level
experience on his brief he feels this may have put him in a gray  area
in competing for promotion.  He also states that he went to his  local
military personnel flight (MPF) to question the information on his pre-
selection record of individual personnel (RIP) and was  informed  that
he was being reflected as having MAJCOM experience on his  brief.   He
did not contest the command special activity code because the MPF told
him that it was a positive thing to have listed.

Applicant's rebuttal, with attachment, is attached 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.   Applicant’s  Officer
Selection Brief (OSB) did not reflect the correct  command  level  for
the 1 January 1999 entry on the applicant’s duty history at  the  time
he was considered by the CY99B selection board.   The  OSB  has  since
been corrected to accurately reflect the correct command level.  While
it cannot be conclusively determined whether or not the absence of his
current command level on the OSB was the sole reason  for  applicant’s
nonselection for promotion by the board in  question,  we  do  believe
that is served to deprive him of  fair  and  equitable  consideration.
Therefore, we recommend  his  corrected  record  be  considered  by  a
Special Selection Board for the CY99B board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  to  include  an  Officer   Selection   Brief
reflecting the command level as “CMHQ” for the 1 January 1999
entry, be considered for promotion to the grade of lieutenant  colonel
by a Special Selection Board for the Calendar  Year  1999B  Lieutenant
Colonel Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 October 2000, under the provisions of AFI  36-
2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Roger E. Willmeth, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 May 2000, w/atch.
      Exhibit B. Applicant's Officer Selection Folder.
      Exhibit C. Letter, HQ AFPC/DPAPP1, dated 22 May 2000.
      Exhibit D. Letter, HQ AFPC/DPPPA, dated 31 May 2000.
      Exhibit E. Applicant’s Response, dated 10 June 2000.




                             VAUGHN E. SCHLUNZ
                             Panel Chair






AFBCMR 98-03398
INDEX CODE:  131.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for 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, SSN,  to  include  an  Officer  Selection  Brief
reflecting the command level as “CMHQ” for the 1 January 1999 entry, be
considered for promotion to  the  grade  of  lieutenant  colonel  by  a
Special Selection Board for the Calendar Year 1999B Central  Lieutenant
Colonel Board.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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