RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01792
            INDEX CODES:  111.01, 131.01

            COUNSEL:  GARY R. MYERS

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

An AF Form 475,  Education/Training  Report  (TR),  rendered  for  the
period 17 Apr 89  through  1  Sep  89,  be  included  in  his  Officer
Selection Record (OSR); or, if that is  unacceptable,  an  AF Form 77,
Letter of Evaluation (LOE), be  included  in  his  OSR  for  the  same
period.

He be given Special Selection Board (SSB) consideration for  promotion
to the grade of lieutenant colonel by the Calendar Year 1999A  (CY99A)
Lieutenant Colonel Board, which convened on 19 Apr 99.

If selected for promotion, he be promoted as of the date that he would
have been promoted  if  selected  by  the  original  CY99A  Lieutenant
Colonel Board.

He receive back pay and allowances from the date of his  promotion  to
the present  and  he  receive  credit  for  time  in  grade  for  pay,
promotion, and retirement purposes from the date of his  promotion  to
the present.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The AF Form 77 was removed from his records prior to the CY99A  board.
This made the board unaware of the fact  that  he  had  completed  the
Defense Systems Management College (DSMC) Program Manager’s Course  in
1989, a critical ingredient in his career field.

He was the only in the zone mission support  Definitely  Promote  (DP)
not selected for promotion and was one of two in  the  zone  DP’s  not
selected Air Force wide.  He was, in fact, subordinated to both DP and
Promote above the zone candidates who were selected in mission support
and who were in his Air Force Specialty Code (AFSC) category.

He was assigned to black operations from 1988 to 1995 and the  Officer
Effectiveness Reports/Officer Performance Reports (OERs/OPRs) for that
extended period do not reflect his actual activities or value  to  the
Air Force.

In support of his appeal, the applicant provided  a  counsel’s  brief,
and copies of the AF Form 475, AF Form 77, and his OSR.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, with a date of rank of 1 Jul 95, as Chief,  Space  Architecture
Concept  Development,  at  the  National  Security  Space   Architect,
Alexandria, Virgina.  His Total Active Federal Military  Service  Date
(TAFMSD) is 14 Oct 83.

Applicant's Officer Effectiveness  Report/Officer  Performance  Report
(OER/OPR) profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      16 Mar 88              Meets Standards
      13 May 88              Training Report
      13 May 89              Meets Standards
      13 May 90              Meets Standards
      13 May 91              Meets Standards
      13 May 92              Meets Standards
      31 Oct 92              Meets Standards
      31 Oct 93              Meets Standards
      31 May 94              Meets Standards
      31 May 95              Meets Standards
      20 May 96              Meets Standards
      20 May 97              Meets Standards
 #   20 May 98               Meets Standards
      20 May 99              Meets Standards
##   18 Oct 99               Meets Standards

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY99A  (19 Apr 99)
Lt Col Board.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY99B  (30 Nov 99)
Lt Col Board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed  this  application
and recommended denial.  A complete  copy  of  the  evaluation  is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the advisory opinion and furnished a  response  which
is attached at Exhibit E.

Applicant also provided a response which is attached 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 injustice.   After  a  thorough  review  of  the
available evidence, we believe that sufficient doubt has  been  raised
whether the lack of adequate documentation in the applicant’s  records
regarding his completion of DSMC impacted his  promotion  opportunity.
For an acquisition officer, DSMC appears to  be  an  important  factor
concerning that individual’s potential  for  increased  responsibility
and promotion.  We note that the applicant  completed  DSMC  over  ten
years ago as a company grade officer.  However, since the AF  Form  77
which indicated the applicant’s completion of DSMC was  removed  prior
to the CY99A board, it is likely that the board members may have  been
unaware of this.  Also, it seems  that  had  the  applicant  not  been
selected for DSMC earlier in his career, an AF Form 475 concerning his
attendance would have been required to be included in his records.  In
this respect, we note that the governing regulation was changed  on  1
Oct 96 to require a training report as part of  the  permanent  record
for courses lasting eight weeks or more.  The applicant  was  at  DSMC
for over 19 weeks.  In view of the foregoing, as well as the fact that
the applicant received a DP, we believe any doubt regarding the impact
the lack of documentation concerning his completion of DSMC  may  have
had  on  his  promotion  opportunity  be  resolved  in  favor  of  the
applicant.  Accordingly, as an exception to policy, we recommend  that
an AF Form 475 be included in the applicant’s records; and that he  be
given appropriate SSB consideration with his corrected records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  As an exception to policy, the  attached  Education/Training
Report, AF Form 475, prepared for the period 17 Apr 89  through  1 Sep
89, be accepted for file in its proper sequence.

      b.  The attached TR be amended by removing the comments  in  the
“Other Comment (Optional )” section.

      c.  Section IV, Evaluator, of the  attached  TR  be  amended  to
reflect a signed date of 5 Sep 89.

It is further recommended  that  his  record,  to  include  the  above
referenced TR, be considered for promotion to the grade of  lieutenant
colonel by Special Selection Boards for the CY99A  Lieutenant  Colonel
Board, which convened on 19 Apr 99,  and  any  subsequent  boards  for
which the AF Form 475 closing 1 Sep 89 was not a matter of record.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 Mar 01, under the provisions of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Margaret A. Zook, Member
      Mr. Daniel F. Wenker, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jun 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 1 Aug 00.
     Exhibit D.  Letter, SAF/MIBR, dated 11 Aug 00.
     Exhibit E.  Letter, counsel, dated 28 Aug 00.
     Exhibit F.  Letter, applicant, dated 15 Feb 01.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair












AFBCMR 00-01792




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 , be corrected to show that:

                 a.  As an exception to policy, the attached
Education/Training Report, AF Form 475, prepared for the period 17 Apr
89 through 1 Sep 89, be accepted for file in its proper sequence.

                 b.  The attached TR be amended by removing the
comments in the “Other Comment (Optional )” section.

                 c.  Section IV, Evaluator, of the attached TR be
amended to reflect a signed date of 5 Sep 89.

            It is further directed  that his record, to include the
above referenced TR, be considered for promotion to the grade of
lieutenant colonel by Special Selection Boards for the CY99A
Lieutenant Colonel Board, which convened on 19 Apr 99, and any
subsequent boards for which the AF Form 475 closing 1 Sep 89 was not a
matter of record.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachment:
AF Form 475