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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