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AF | BCMR | CY2000 | 0002437
Original file (0002437.doc) Auto-classification: Approved

                            RECORD of PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02437
                       INDEX CODE: 131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  YES


_________________________________________________________________

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)
Lieutenant Colonel Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The CY99B selection board considered him  for  promotion  to  the  grade  of
major with inaccurate and missing information.   Award  of  the  Meritorious
Service Medal, First Oak Leaf  Cluster  (MSM,  1OLC),  awarded  7  September
1999, was missing from his records.  This award highlights his  achievements
in  his  last  assignment  and  would  have  reflected  favorably   on   his
capabilities as a field grade officer and his  potential  to  excel  in  the
grade of lieutenant colonel.  He was advised by personnel at the  Air  Force
Personnel Center (AFPC) that his performance as a  field  grade  officer  is
the most important factor considered by the CY99B board.

In support of his appeal, the applicant  provided  a  copy  of  his  Officer
Surf, dated 20 November 1999.

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  that  convened  on  30
November 1999.

Applicant will be considered by the CY00A lieutenant  colonel  board,  which
will convene on 28 November 2000.
Applicant was awarded the Meritorious Service Medal, First Oak Leaf  Cluster
(MSM 1OLC), for the period 17 August 1992 to  2  June  1996.   The  citation
accompanying the  MSM  1OLC  was  missing  from  the  applicant’s  Officer’s
Selection Record (OSR) when he was considered for  promotion  by  the  CY99B
board, which convened on 30 November 1999, and still is  not  filed  in  his
record.  However, the citation was annotated on the officer selection  brief
(OSB).

OPR profile since 1994 follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       28 Nov 94          Meets Standards (MS)
                       28 Nov 95                   MS
                        3 May 96                   MS
                        3 May 97                   MS
                        3 May 98                   MS
                        3 May 99                   MS
                        3 May 00                   MS

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Appeals  and  SSB  Branch,  Directorate  of  Personnel  Program
Management, AFPC/DPPPA,  reviewed  this  application  and  states  that  the
purpose of the placement of decoration citations in  the  officer  selection
record (OSR) is to make  the  board  members  aware  of  the  level  of  the
decorations.  In this regard, they are guided by AFI  36-2608,  Table  A2.1,
Item 326.  Specifically cited is that orders  granting  decorations  may  be
filed and maintained when a like citation is not available.  This speaks  to
the “knowledge” that a decoration was given as  opposed  to  the  “contents”
contained in the citation.  Accordingly, evidence  of  a  decoration  within
the OSR speaks to the decoration itself, not what the citation  may  or  may
not reveal.  Even though, the MSM 1OLC citation was  not  on  file  for  the
board, it was in evidence before the board.  Therefore,  the  board  members
were knowledgeable the decoration was given which is  the  ultimate  purpose
of including them in the  promotion  selection  process.   Since  the  board
members were aware of the decoration, it was  factored  into  the  promotion
evaluation.

While it may be argued that the missing MSM 1OLC citation was  a  factor  in
the applicant’s nonselection, there is no clear evidence that it  negatively
impacted his promotion opportunity.   Central  boards  evaluate  the  entire
OSR, assessing whole person factors such as  job  performance,  professional
qualities, depth and breadth of experience,  leadership,  and  academic  and
professional military education.  They are not convinced the absence of  the
MSM 1OLC citation contributed to the  applicant’s  nonselection.   Based  on
the evidence provided, they recommend denial.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided  a  response,  with
attachments, that 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice  for  partial  relief.   In  this
respect, after thoroughly reviewing the complete case file,  a  majority  of
the Board noted that the  Air  Force  has  indicated  that  the  applicant's
Officer Selection Record (OSR) did not  contain  the  citation  accompanying
the award of the MSM 1st OLC for the period 17 August 1992 to 2  June  1996.
While the majority cannot determine what impact  this  omission  would  have
had on the outcome of the CY99B board, the majority  is  persuaded  that  it
deprived him of full and fair consideration.  In view of the  foregoing  and
in an effort to remove any possibility of an  injustice  to  the  applicant,
the majority of the  Board  recommends  that  his  record,  to  include  the
citation for the contested award, be considered for promotion, to the  grade
of lieutenant colonel by a Special  Selection  Board  (SSB)  for  the  CY99B
Selection Board.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice regarding  the  duty  title  issue.
The applicant contends that his duty title (Instructor, TACP OPS) as it  met
the CY99B board was technically correct, but the inclusion of  multiples  of
two of the duty titles may have been  interpreted  by  the  board  as  “non-
progression.”  However, the Board majority notes the  applicant  has  failed
to provide sufficient documentation to substantiate his  claim.   The  Board
majority notes that the redundant duty titles have been a matter  of  record
for over three years and believes it  is  highly  unlikely  these  were  the
cause of his nonselection.  Therefore, the Board  majority  finds  no  basis
upon  which  to  recommend  favorable  action  on  this   portion   of   the
application.

_________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, to include the citation for  the  Meritorious  Service  Medal,
First Oak Leaf Cluster for the period 17 August 1992  to  2  June  1996,  be
considered for promotion to the  grade  of  lieutenant  colonel  by  Special
Selection Board for the Calendar Year 1999B Lieutenant Colonel Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 November 2000, under the provisions of AFI 36-2603:

                  Mr. Benedict A. Kausal IV, Chair
                  Mr. Christopher Carey, Member
                  Mr. Joseph A. Roj, Member

By majority vote, the Board recommended  granting  the  applicant’s  request
for promotion consideration by SSB for the CY99B Board  with  the  inclusion
of the citation accompanying the MSM 1OLC.  Mr.  Carey  voted  to  deny  the
request but does not wish to submit a minority report.  Also, by a  majority
vote, the Board recommended denial of applicant’s  request  to  correct  his
duty history on the OSB for the CY99B Board.   Mr.  Kausal  voted  to  grant
applicant’s request.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Aug 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPA, dated 15 Sep 00, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 29 Sep 00.
   Exhibit E.  Letter, Applicant, dated 13 Oct 00, w/atchs.




                 BENEDICT A. KAUSAL IV
                 Chair





AFBCMR 00-02437





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 XX, to include the citation for the Meritorious Service Medal,
First Oak Leaf Cluster for the period 17 August 1992 to 2 June 1996, be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the Calendar Year 1999B Lieutenant Colonel Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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