RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01856
            INDEX CODE:  131.00, 107.00

            COUNSEL:  NONE

            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  1999  (CY99)
Central Lieutenant Colonel Selection  Board,  with  inclusion  of  the
citation for the Joint  Service  Commendation  Medal  (JSCM)  for  the
period 8 January 1998 through 1 July 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The citation for the JSCM was  missing  from  his  in-the-primary-zone
Lieutenant Colonel selection board.  He was awarded the medal for  his
six-month deployment to support Stabilization Forces in Bosnia.

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 CY99B Selection Board.

OPR profile since 1991, follows:

            PERIOD ENDING              EVALUATION OF POTENTIAL

             23 Jul 91            Meets Standards (MS)
             23 Jul 92                       MS
             23 Jul 93                       MS
             15 Apr 94                       MS
             15 Apr 95                       MS
             15 Apr 96                       MS
             14 Mar 97                       MS
              6 Jun 97            Education/Training (TR)
             14 Mar 98                       MS
             14 Mar 99                       MS
             14 Mar 00                       MS

  _______________________________________________________________

AIR FORCE EVALUATION:

The Acting Chief, Appeals and SSB  Branch,  AFPC/DPPPA,  reviewed  the
application and states that the applicant had ample time from the date
the decoration orders were entered in his record to determine  if  his
record was complete.  Furthermore, each officer eligible for promotion
receives an officer preselection brief (OPB) 90-100 days prior to  the
central board convening date.  The OPB contains data that will  appear
on the OSB at the central board.  Written instructions attached to the
OPB and given to  the  officer  before  the  central  selection  board
specifically instructs the officer  to  carefully  examine  the  brief
before the selection board, not after it.

They agree that the award should  have  been  on  file  based  on  the
special orders closing out more than 60  days  prior  to  CY99B  board
convening.  However, they point out the purpose of having  a  citation
included in the record is not to allow board  members  to  review  the
comments on the citation; but the purpose is to make them aware of the
level of the decoration.  They state  they  are  confident  the  board
members were  aware  the  decoration  had  been  awarded  because  the
discrepancy memorandum was filed in  the  applicant’s  OSR,  and  more
importantly, the decoration was annotated correctly on the applicant’s
Officer Selection Brief.  Even though the citation was not present  in
his OSR for the board’s review, the selection  board  had  his  entire
OSR…which clearly outlines his accomplishments since the date he  came
on active duty.  They are not convinced the  missing  citation  caused
the applicant’s nonselection.  Therefore,  they  recommend  denial  of
applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that he  is
very disappointed in the way AFPC analyzed and commented on the facts.
 He states that they seemed to have  missed  the  boat  all  together.
Specifically, in paragraph b of the Facts and Comments section.

He acknowledges it’s his responsibility  to  ensure  his  records  are
current.  He states the  Discrepancy  Report  AFPC  generated  in  his
promotion folder did more harm to his promotion opportunity  than  the
missing document itself.

In summary, he states that he, alone, came to  this  country  in  1975
when South Vietnam fell.  He worked hard to  support  himself  and  to
complete college.  After five  years  working  in  a  stable  civilian
profession as a Research Chemist, he decided to join the United States
Air Force.  He felt there was no better way for him to repay and  show
his gratitude to a country that gave him the freedom.  The freedom  to
aim high and plenty of opportunity to reach it, even though his salary
was cut to about one-third at  the time.  He is convinced he  did  the
right thing joining the United States Air Force.  He asks for fairness
to discredit the AFPC advisory and grant him  the  opportunity  to  be
reconsidered by the next Special Selection Board.

Applicant's complete response is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, the majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force.  In this respect, the majority of the
Board notes that the Air Force indicates that the board  members  were
aware  the  decoration  had  been  awarded  because  the   discrepancy
memorandum was filed in the applicant’s Officer Selection Record (OSR)
and, more importantly, the decoration was annotated correctly  on  the
applicant’s Officer Selection  Brief.   In  view  of  the  above,  the
majority of the Board  is  compelled  to  conclude  that  the  missing
citation was a harmless error.  Therefore, the majority of  the  Board
finds no basis upon  which  to  recommend  favorable  action  on  this
application.

_________________________________________________________________

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 9 November 2000, under the provisions of AFI  36-
2603:

            Mr. Wayne R. Gracie, Panel Chair
            Ms. Marcia J. Bachman, Member
            Mr. Clarence D. Long, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Marcia J. Bachman voted to correct the records and has submitted a
Minority Report  which  is  attached  at  Exhibit  F.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 30 Jun 00, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPA, dated 21 Aug 00.
      Exhibit D.  Letter, AFBCMR, dated 01 Sep 00.
      Exhibit E.  Applicant’s Letter, dated 26 Sep 00, w/atch.
      Exhibit F.  Minority Report, dated 20 Nov 00.




                                   WAYNE R. GRACIE
                                   Panel Chair

MEMORANDUM FOR THE DIRECTOR, AIR FORCE REVIEW BOARDS AGENCY

SUBJECT:, DOCKET NO:
          00-01856

      During an AFBCMR panel on 9 November 2000, I voted in the minority to
grant the request made by the above subject applicant.

      The applicant requested that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board (SSB) for the
Calendar Year 1999 (CY99) Central Lieutenant Colonel Selection Board, with
inclusion of the citation for the Joint Service Commendation Medal (JSCM)
for the period 8 January 1998 through 1 July 1998.


      The Air Force indicates that the applicant’s officer selection record
revealed he was awarded the JSCM and, therefore, the board members were
aware of it.  I recognize this frequently happens and the Air Force
comments does have some merit.  However, the JSCM citation does show
significant accomplishments that the board members may not have been aware
of and the citation was required by regulation to be in the applicant's
record and it was not. While it cannot be conclusively determined whether
or not the missing citation was the sole reason for his nonselection for
promotion by the board in question, it served to deprive him of fair and
equitable consideration. I recommend the relief requested be granted.




                                  MARCIA J. BACHMAN
                                  Panel Member


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


FROM:  SAF/MIB


SUBJECT:, AFBCMR Docket Number 00-01856

      I have carefully considered all aspects of this case and do not
agree with the majority of the panel that the applicant’s request
should be denied.

      In arriving at my decision, I noted that the citation showing the
nature of the applicant’s accomplisments was not available to the
Calendar Year 1999B (CY 99B) Central Lieutenant Colonel Selection Board
through no fault of his own.  Whether or not this information would
have had an impact on his promotion opportunities is a question which
cannot be answered on the basis of the evidence presented here.
However, to preclude any possibility of a promotion injustice, I
believe the applicant should be afforded the benefit of the doubt by
providing for reconsideration for promotion by an SSB.

      Accordingly, I agree with the minority member of the panel and
direct that he be considered for promotion to the grade of lieutenant
colonel by Special Selection Board (SSB) for the CY99 Central
Lieutenant Colonel Selection Board, with inclusion of the citation for
the Joint Service Commendation Medal (JSCM) for the period 8 January
1998 through 1 July 1998.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency





AFBCMR 00-01856
INDEX CODE:  131.00, 107.00




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, be corrected to show that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board (SSB) for the
Calendar Year 1999B Central Lieutenant Colonel Selection Board, with
inclusion of the citation for the Joint Service Commendation Medal (JSCM)
for the period 8 January 1998 through 1 July 1998.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency