RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01299
INDEX NUMBER: 131.01;111.01;107.00
COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
The Overseas Duty History on his Officer Selection Brief (OSB) for
the CY99A (8 Mar 99) Major Selection Board be corrected to show his
service in Germany from Aug 93 through Aug 96; the duty status code
effective date for his assignment as Director of Resource
Management, Medical Squadron, Geilenkirchen, under Assignment
History on the OSBs before the CY98C (1 Jun 98) and CY99A boards be
corrected; the Officer Performance Report (OPR) closing 15 May 98
be included in his record before the CY98C board; the citation to
accompany the award of the Joint Service Commendation Medal (JSCM)
be included in his record before the CY98C and CY99A boards; and
that he be reconsidered by a Special Selection Board (SSB) for
promotion to the grade of major by the CY98C and CY99A Major
Selection Boards.
APPLICANT CONTENDS THAT:
His Officer Selection Record (OSR) before the CY98C Major Selection
Board did not contain the OPR closing 15 May 98. The report
closing 15 May 97 establishes DPPB’s practice of receiving faxed
documents and replacing them with the original when received. This
did not occur with the OPR closing 15 May 98. The OSR did not
contain the citation to accompany the award of the JSCM. The OSB
did not include award of the JSCM in the Decorations section and
the Overseas Duty History section was inaccurate. The Assignment
History reflected an inaccurate duty status code effective date of
2 Jan 94 for Director of Resource Management, Medical Squadron,
Geilenkirchen, GE.
His OSR was missing the citation to accompany the award of the JSCM
when meeting the CY99A Major Selection Board. The Overseas Duty
History on the OSB for this board failed to report his service in
Germany from Aug 93 through Aug 96. It incorrectly indicates
service in Turkey from 9 Aug 93 - 5 Jul 98. The Joint Duty History
did not reflect service for which the JSCM was awarded. The
Assignment History section reflected an inaccurate duty status code
effective date of 2 Jan 94, for Director, Resource Management at
Medical Squadron, Geilenkirchen.
In support of his appeal, the applicant provided a copy of a memo
to AFPC/DPPBR requesting a copy of his OSR; Discrepancy Report for
the missing JSCM; OPRs closing 15 May 98 and 15 May 97; a copy of
the Citation to Accompany the Award of the JSCM and the order,
dated 15 Nov 96; an excerpt from DoD 1348.33-M, Manual of Military
Decorations and Awards; the OSB for the CY99A major board, dated
23 Feb 99; and other documents related to the issues under review
(Exhibit A).
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS)
indicates that the applicant was appointed a second lieutenant,
Reserve of the Air Force, on 15 Jan 90. He was voluntarily ordered
to extended active duty on the same date. He is currently serving
on active duty in the grade of captain, having been promoted to
that grade, effective 16 Jun 92.
Applicant's OPR profile follows:
PERIOD ENDING EVALUATION
24 Apr 90 Training Report
24 Aug 90 Meets Standards
24 Feb 91 Meets Standards
24 Feb 92 Meets Standards
23 Jun 92 Meets Standards
22 Jan 93 Meets Standards
28 Jan 94 Meets Standards
28 Jan 95 Meets Standards
28 Jan 96 Meets Standards
28 Jun 96 Training Report
1 Aug 96 Meets Standards
15 May 97 Meets Standards
* 15 May 98 Meets Standards
# 8 Dec 98 Meets Standards
*Top report, CY98C Major Board, which convened on 1 Jun 98.
#Top report, CY99A Major Board, which convened on 8 Mar 99.
Documentation in the applicant’s selection record indicates that
the OPR closing 15 May 98, was accepted for file on 22 Jun 98. The
report closing 8 Dec 98, was accepted for file on 3 Feb 99.
The OSB before the CY98C Major Selection Board indicated award of
the JSCM and Overseas Duty History in Germany from 9 Aug 93 through
10 Aug 96.
The OSB before the CY99A Major Selection board indicated award of
the JSCM and Overseas Duty History in Turkey from 9 Aug 93 through
5 Jul 98.
A Discrepancy Report for the missing citation to accompany the
award of the JSCM was filed in the applicant’s record on 24 Feb 99.
The citation to accompany the award of the JSCM was accepted for
file on 11 Jun 99.
Applicant was selected for promotion to the grade of major by the
CY99A Major Selection Board.
A check of the PDS revealed that the applicant’s Overseas Duty
History has been corrected to show service in Turkey from 17 Aug
96 - 5 Jul 98 and service in Germany from 9 Aug 93 - 10 Aug 96.
AIR FORCE EVALUATIONS:
The NCOIC, Assignment Quality Control Procedures, AFPC/DPAPP1,
concurs with the correction of the overseas duty history for his
tour of duty in Germany but does not concur with correcting the
joint duty history. The applicant is not authorized joint duty
credit. Joint duty credit is authorized only for line of the Air
Force officers. The evaluation is at Exhibit C.
The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed this
application and recommended denial. Although the citation for the
JSCM was not on file for the CY98C and CY99A boards, members were
aware of the citation because it was listed on both OSBs and a
discrepancy report was filed in his record on 24 Feb 99.
Regarding the applicant’s contention that the CY99A OSB omitted an
annotation in the Overseas Duty History and Joint Duty History
areas documenting his service in Geilenkirchen, Germany from 2 Jan
94 to 7 Aug 96, DPPPA concurs with DPAPP1 that the CY99A OSB should
have reflected service in Germany in the Overseas Duty History
section but neither OSB should have contained data in the Joint
History section, since only line officers receive credit for joint
duty. Reconsideration for promotion by an SSB for the CY99A board
is not appropriate since the applicant was selected for promotion
by that board. Even if he had not been selected, in DPPPA’s
opinion, SSB consideration would not be appropriate since the
Assignment History section of the OSB lists the effective date,
Duty Air Force Specialty Code, Duty Title, and Organization he was
assigned to at Geilenkirchen. Additionally, the applicant’s record
contained four OPRs documenting his tour at Geilenkirchen.
With regard to the OPR closing 15 May 98, the applicant’s
contention that the report should have been filed in his record for
the CY98C board is unfounded. OPRs are due to AFPC/DPPBR3 no later
than 60 days after closeout. The OPR was filed on 22 Jun 98, well
within the guidelines of the governing directive. The applicant
did not provide documentation from his rating chain that they made
extraordinary efforts to expedite processing of the report for
review by the CY98C board. The final evaluator did not sign the
report until 2 Jun 98, a day after the board convened.
DPPPA was not convinced that the discrepancies addressed in the
applicant’s appeal caused his nonselection by the CY98C board,
especially since, for the most part, the same errors existed in his
record for the CY99A board and he was selected for promotion. A
complete copy of DPPPA’s evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
The applicant reviewed the evaluations and noted the following:
The OSB reviewed by the CY99A Major Selection Board should reflect
Overseas Duty History with inclusive dates of 9 Aug 93 - 10 Aug 96
for Germany and 17 Aug 96 - 5 Jul 98 for Turkey. Accurate
Assignment History should reflect effective date of 10 Aug 93
rather than 2 Jan 94 for Director, Resource Management at
Geilenkirchen, Germany. He noted DPAPP1’s review of the citation
to accompany the award of the JSCM to establish duty history.
AFPC/DPPBR1 did not identify the missing citation for the JSCM as a
discrepancy until some time between 6 Nov 98 and 24 Feb 99 for the
CY99A board. The applicant questions why the discrepancy was not
identified and addressed for the CY98C board.
The applicant maintains that the OPR should have been available for
the CY98C board and that it was the rating chain’s intent but, as
pointed out by DPPPA, fell short, being signed by the final
evaluator one day after the board convened. The omission of the
15 May 98 OPR particularly in combination with the missing citation
for the JSCM, confirms the impact of errors and missing documents
for his just consideration by the CY98C board.
The applicant submits that access to complete and accurate
information by the CY98C board would have resulted in his selection
for promotion in the promotion zone by that board.
The applicant’s complete response 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
consideration for promotion to the grade of major by a Special
Selection Board for the CY98C Major Selection Board. On reaching
this conclusion, we considered the following:
a. With regard to the applicant’s request to correct the
Overseas Duty History section on the Officer Selection Brief (OSB)
reviewed by the CY99A promotion board, we note that AFPC/DPAPP1 and
DPPPA concur with the applicant that the Overseas Duty History
section should have reflected service in Germany from 9 Aug 93 -
10 Aug 96, and service in Turkey from 17 Aug 96 - 5 Jul 98. We
agree with the AFPC/DPAPP1 and AFPC/DPPPA advisory opinions.
b. Regarding the applicant’s request that the citation to
accompany the award of the JSCM be included in his selection
record, we note that the citation was not filed in his record until
11 Jun 99, after the CY98C and CY99A promotion boards met.
Although the award was listed in the Decorations section on both of
the selection briefs and a Discrepancy Report was filed in the OSR
before the CY99A board, the citation for this award was missing.
Therefore, his record might have been placed at a disadvantage when
compared with other officers’ records that may have included the
citation.
c. Furthermore, the Air Force evaluators used the applicant’s
supporting documents, OPRs and JSCM to verify his tour of duty in
Germany. Therefore, the Board has no objection to changing the
effective date of his position as Director, Resource Management,
Geilenkirchen, Germany, to 10 Aug 93 on his selection briefs before
the CY98C and CY99A promotion boards.
4. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice with
regard to the remainder of the applicant’s requests.
a. Regarding the applicant’s contention that the OPR closing
15 May 98, should have been included in his OSR before the CY98C
board, the applicant did not provide statements from anyone in his
rating chain that it was their intent that the report be expedited
for review by the promotion board. The final evaluator did not
sign the report until 2 Jun 98, one day after the board convened.
Therefore, we agree with the evaluation provided by DPPPA that the
report was processed in accordance with governing directives.
b. With respect to the applicant’s contention that Joint Duty
History data was omitted from his selection briefs before the CY98C
and CY99A boards, the Air Force evaluators state that only line
officers receive credit for joint duty. Therefore, the omission of
this information on the selection briefs is not erroneous.
5. After carefully considering the available evidence, the
applicant’s submission, and the administrative corrections made to
his records after the CY98C and CY99A boards, we believe the
applicant may have been deprived of full and fair consideration for
promotion. Therefore, we are persuaded that the applicant’s
records should be corrected to the extent indicated below so that
his records may be reviewed by an SSB for the CY98C board.
Notwithstanding the errors noted in the applicant’s OSR and OSB
before the CY99A promotion board, we do not believe that an SSB for
this board would be appropriate inasmuch as he was selected for
promotion by that board.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. The effective date for his duty title of Director
Resource Management in the Assignment History section of the
Officer Selection Brief for Selection Board P0498C, Sequence Number
060008, prepared 19 May 1998, is 10 Aug 1993, rather than 2 Jan
1994.
b. The citation to accompany the award of the Joint
Service Commendation Medal (JSCM) was accepted for file in his
Officer Selection Record on or before 31 May 1998.
It is further recommended that he be considered for promotion to
the grade of major by a Special Selection Board for the CY1998C
Major Selection Board, with inclusion of the correction to the
Assignment History on his Officer Selection Brief and the citation
for the award of the JSCM in his Officer Selection Record.
The following members of the Board considered this application in
Executive Session on 6 January 2000, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. Michael V. Barbino, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 May 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPAPP1, dated 12 Aug 99, w/atchs.
Exhibit D. Letter, HQ AFPC/DPPPA, dated 19 Aug 99.
Exhibit E. Letter, SAF/MIBR, dated 3 Sep 99.
Exhibit F. Letter, Applicant, dated 16 Sep 99.
CHARLES E. BENNETT
Panel Chair
AFBCMR 99-01299
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:
a. The effective date for his duty title of Director
Resource Management in the Assignment History section of the
Officer Selection Brief for Selection Board P0498C, Sequence Number
060008, prepared 19 May 1998, is 10 Aug 1993, rather than 2 Jan
1994.
b. The citation to accompany the award of the Joint
Service Commendation Medal (JSCM) was accepted for file in his
Officer Selection Record on or before 31 May 1998.
It is further directed that he be considered for promotion to
the grade of major by a Special Selection Board for the CY1998C
Major Selection Board, with inclusion of the correction to the
Assignment History on his Officer Selection Brief and the citation
for the award of the JSCM in his Officer Selection Record.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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