RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01002
            INDEX CODE:  131.00
      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His current duty qualification brief be corrected and  a  Special  Selection
Board (SSB) consider him for promotion to Brigadier General.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The duty  qualification  brief  that  appeared  before  the  1999  Brigadier
General  Promotion  Board  lacked  relevant  information  for  duty   title,
academic  education,  professional  military  education   and   decorations.
Therefore, the information the Board considered did not  accurately  reflect
the applicant’s career performance or potential.

In support of his application, he provided a personal  statement,  a  letter
from the National Defense University and other  documents  relevant  to  the
issue under review (See Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

Based on his approved application for  retirement,  dated  16  Jul  96,  the
applicant was relieved from active duty on 31 Jan  97  and  retired  in  the
grade of lieutenant colonel, effective 1 Feb 97.  He was  credited  with  22
years, 7 months and 26 days of active service.

The applicant was considered and not selected for  promotion  by  the  CY95B
Colonel Selection Board, which convened on 10 Oct 95.  By a letter dated  20
Feb 97, the applicant was notified he had been considered and  selected  for
promotion to the grade of colonel by the CY95B Colonel  Selection  Board  by
an SSB convened on 18 Nov 96.  The basis for the  SSB  consideration  was  a
correction to the applicant’s Promotion Recommendation Form (PRF)  for  this
board by the Evaluation Report Appeal Board (ERAB) under AFI 36-2401.

As a result of  the  Board’s  favorable  consideration  of  the  applicant’s
request for reinstatement, by letter dated 18 Sep 97, he was  notified  that
he was not relieved from active duty on 31 Jan 97, but on that date, he  was
ordered permanent change of station  to  his  home  of  record  or  home  of
selection pending further orders and his retirement effective 1 Feb  97  was
revoked.

The applicant was considered and non-selected by the CY99 Brigadier  General
Promotion Board which convened  17  through  27  Aug  99.   The  applicant’s
current date of separation is 30 Jun 04.

___________________________________________________________________

AIR FORCE EVALUATION:

The Air Force Colonel  Matters  Office,  AFCMOB,  reviewed  the  applicant’s
submission and recommended denial.  A  copy  of  the  applicant’s  selection
brief  that  met  the  CY99  Brigadier  General  Board  indicates  that  his
decoration, academic, and professional military education  history  were  in
fact current as of the board date.  With respect to the selection brief  not
reflecting his new duty title, it should be noted that his  new  duty  title
was not effective until 1 Nov 99, two months  after  the  General  Promotion
Board convened.  If the applicant felt any part of his  record  was  missing
or wrong prior to the start of the board, he had the opportunity to write  a
letter to the board bringing to their attention any  matter  which  he  felt
could be important to their decision  making  process.   AFCMOB  is  of  the
opinion the CY99 Brigadier General Board had the  most  current  information
on the applicant available to them and recommends  denying  the  applicant’s
request. A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  offers  the  following  in
rebuttal:

      1. The 24  Jan  00  Duty  Qualification  History  brief  reflects  the
incorrect number of Defense Meritorious  Service  Medals  (1),  professional
military education indicates “none”, incorrect dates for  short  tours,  and
is missing the duty title of Director of Academic Affairs which began on  26
Apr 99.

      2. The same errors appear regarding assignment history and  decoration
in the 11 Apr 00 Pre-Selection brief.  The professional  military  education
is also different from that in the 13 Aug 99 print out.

He continues to assert that the promotion board did  not  see  his  academic
education.  Subsequent to the board he was informed by Air  Force  Personnel
Center there was no information on file regarding  his  academic  education.
The applicant provided original transcripts in December 1999 to correct  the
record again.

To the best of the his knowledge, all information to update his records  has
been provided on numerous occasions in the last 12 months,  including  prior
to the CY99 Brigadier General promotion board.  The  applicant  believes  he
has taken every reasonable step to ensure the accuracy  of  the  information
in his personnel record. The problem seems to be  that  the  system  accepts
the inputted information and then subsequently deletes it.

A copy of the applicant’s complete submission is at Exhibit E.

___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Based On the documents provided by the applicant at the Board's  request,
AFCOMO indicated:

      a.  The member is correct in  that  his  selection  brief  was  not
updated to reflect his new duty title, however, the board  did  have  the
information available for review as it was listed  on  his  PRF  and  was
signed by the members senior rater.

      b.  The certificate from the National War College was reflected  on
his selection brief and reviewed by the  promotion  board.  However,  the
second DMSM citation was not available for review by the board.

AFCOMO recommends the applicant's request  be  denied  as  the  only  new
evidence provided is  the  second  DMSM  citation  which  would  be  very
insignificant on the promotion board and would not make a  difference  in
the selection process.  A complete copy of the evaluation is  at  Exhibit
G.

___________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states that the advisor is substituting his judgement for  the
judgement of the selection board when  he  concludes  that  the  errors  are
insignificant and would not make a difference in the selection process.   It
is well documented how limited the time is for  the  board  to  review  each
selection brief.  Any  error  or  inconsistency  can  make  the  difference.
There is no doubt that his selection bride had inaccuracies  and  he  should
be granted a Special Selection Board.  A complete copy  of  the  applicant's
rebuttal is at Exhibit H.

___________________________________________________________________



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.  After  thoroughly  reviewing  the
complete case file, the Board majority noted that  the  applicant's  Officer
Selection Brief  did  not  reflect  his  correct  duty  title  as  Director,
Academic Affairs and the award  of  a  second  Defense  Meritorious  Service
Medal (DMSM).  While the Board majority cannot determine what  impact  these
omissions would have had on  the  outcome  of  the  CY99  Brigadier  General
Board, the board majority is persuaded that they 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,  we  recommend  that  his
record, to include his corrected OSB reflecting the correct duty  title  and
awards, be considered for promotion, to the grade of brigadier general by  a
Special Selection Board (SSB) for the CY99  Selection  Board.   His  request
pertaining to his education and short tours were also  considered,  however,
it appears that these items were listed properly on his OSB.

_________________________________________________________________

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  citation  to  accompany  the  award  of   the   Defense
      Meritorious Service Medal (DMSM) dated 31 August 1989 be,  and  hereby
      is, placed in his Officer Selection Folder.

            b.  The Officer Selection Brief prepared for the  Calendar  Year
1999 (CY99) Brigadier General Board be amended to reflect his duty title  as
Director, Academic Affairs, effective 26 April  1999  and  the  award  of  a
second DMSM.

It is further directed that he be considered for promotion to the  grade  of
brigadier general by Special Selection Board for the CY99 Brigadier  General
Board.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 August 2000 and 23 January 2001, under the provisions  of  AFI
36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. E. David Hoard, Member

Ms. White-Olsen voted to deny  the  applicantion  but  does  not  desire  to
submit a minority report.

The majority of the board voted to  correct  the  records,  as  recommended.
The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Mar 00 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFCMOB, dated 26 Apr 00 w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 5 May 00.
     Exhibit E.  Applicant's Rebuttal, dated 9 May 00 w/atchs.
     Exhibit F.  Applicant's Letter, dated 22 Aug 00 w/atchs.
     Exhibit G.  Letter, AFCMO, dated 30 Oct 00.
     Exhibit H.  Applicant's Rebuttal, dated 6 Nov 00.

                                  CHARLENE M. BRADLEY
                                  Panel Chair


AFBCMR 00-01002

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 citation to accompany the award  of  the  Defense  Meritorious
 Service Medal (DMSM) dated 31 August 1989 be, and hereby is, placed in  his
 Officer Selection Folder.

      b.  The Officer Selection Brief prepared for the  Calendar  Year  1999
(CY99) Brigadier General Selection Board be  amended  to  reflect  his  duty
title as Director, Academic Affairs, effective 26 April 1999 and  the  award
of a second DMSM.

      It is further directed that he be  considered  for  promotion  to  the
grade  of  brigadier  general  by  Special  Selection  Board  for  the  CY99
Brigadier General Selection Board.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency