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AF | BCMR | CY2000 | 9901299
Original file (9901299.doc) Auto-classification: Approved

                            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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