RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01892
            INDEX CODE:  131.01
            COUNSEL:  None

            HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR), including the citation for  award  of
the Air Force Commendation Medal (AFCM) in 1992 and the Air Medal  (First
Oak Leaf Cluster (1OLC)) in 1991,  and,  his  corrected  duty  title,  be
considered by a Special Selection Board (SSB) for promotion by the  CY00A
Central Major Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His Office Selection Brief (OSB) did not reflect his correct  duty  title
“Chief  Mobility/E-3  Instructor  Navigator”  and  his  OSR  was  missing
decoration citations for the AFCM for the period 26 Apr 88 through 31 Dec
92 and the Air Medal (1OLC) for the period 16 Jan 91 through 28  Feb  91.
In addition, the Air Force Form 77 documenting his break in service  from
1 Jun 92 through 16  Apr  97  contained  no  explanation  and  negatively
affected his promotion evaluation.

In support of his appeal, the applicant provided  a  personal  statement,
copies of the missing decoration citations, and other  data  relative  to
the issues under review.   The  applicant’s  complete  submission  is  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that
the applicant is a rated officer who was appointed a  second  lieutenant,
Reserve of the Air Force on 7 Jun  86  and  was  voluntarily  ordered  to
extended active duty on 21 Sep 86.  During his initial period  of  active
duty service, he was progressively promoted to the grade of captain.   He
was released from active duty  and  was  transferred  to  the  Air  Force
Reserve and assigned to the Obligated Reserve Section,  effective  1  Jan
93.  He was again transferred to the Nonobligated Nonparticipating  Ready
Section RD (NNRPS) on 7 Jun 94 and to the Inactive  Status  List  Reserve
Section (ISLRS) on 7 Jun 96.

On 17 Apr 97, the applicant was voluntarily ordered  to  extended  active
duty in the grade of captain.   At  that  time,  his  date  of  rank  was
adjusted to 27 Feb 93 and his Total Active Federal Military Service  Date
(TAFMSD) was  adjusted  to  7  Jan  91.   An  AF  Form  77,  Supplemental
Evaluation Sheet, dated 1 August 1997, documenting the applicant’s  break
in active duty service from 1 Jun 92 to 16  Apr  97,  was  filed  in  the
applicant’s OSR.

The following is a resume of the applicant’s Officer  Performance  Report
(OPR) ratings subsequent to his return to active duty.

      PERIOD ENDING    OVERALL EVALUATION

 *  16 Apr 97        AF Form 77
        20 Feb 98      Training Report (TR)
             (SOS In-Residence)
        16 Apr 98      Meets Standards (MS)
 #  16 Apr 99             MS
        16 Apr 00                   MS

NOTE:  * - Contested Supplemental Evaluation Sheet

# - Top report on file at the CY00 Central Major Selection
           Board, which convened on 24 Jan 00.

Currently, the applicant has an established date of separation of 31  Jan
2011.

___________________________________________________________________

AIR FORCE EVALUATION:

The Assignment Processing and Joint Office Matters, AFPC/DPAPP1, reviewed
the application and stated that at the time of  the  CY00  Central  Major
Selection Board, the applicant’s PDS records reflected an incorrect  duty
title.  DPAPP1 further stated that  the  applicant’s  records  have  been
corrected and they concur with the correction  to  his  duty  title  (see
Exhibit C).

The Appeals and SSB Branch, AFPC/DPPPA,  reviewed  this  application  and
recommended denial.  DPPPA agrees that the citations in question were not
on file in the applicant’s OSB when the CY00A board convened  on  24  Jan
00.  However, the board knew of  their  existence  as  evidenced  by  the
entries on the OSB.  Therefore, they were knowledgeable  the  decorations
were awarded to the applicant which is the ultimate purpose for including
it in the promotion selection process.  DPPPA stated that not only is the
request to include the 8-year old citations in his record untimely, there
is no evidence that he attempted to  correct  the  errors  prior  to  the
promotion board.

With respect to the incorrect duty title, DPPPA stated that AFPC approved
the duty title change, effective 14 Dec 99.  However, in accordance  with
AFCSM  367-699,  “officer’s  duty  information  is  recorded  and  stored
chronologically as history only for duties previously  approved  by  AFPC
and held for 60 days.”  Although the PDS now reflects  the  correct  duty
title, it would not have been reflected on the applicant’s OSB until  Feb
00.

As to the AF Form 77 cited by the applicant, DPPPA stated that statements
on the form are not viewed in a negative light  by  promotion  boards  or
SSBs and that the AF Form 77 was not prejudicial or a contributing factor
in the applicant’s nonselection by the  CY00A  board.   Therefore,  DPPPA
believes SSB consideration is not warranted and recommends the request be
denied.

This evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  for
review and comment.  As  of  this  date,  this  office  has  received  no
response.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law  or
regulations.

2.  The portion of the application pertaining  to  the  applicant’s  duty
title and his request for an SSB was timely filed.  The  portion  of  the
application pertaining to the cited AF Form 77 and citations to accompany
the award of the AFCM and Air Medal was not timely filed; however, it  is
in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate  the
existence of probable error or injustice.  The Board  majority  does  not
find the evidence  presented  by  the  applicant  sufficient  to  warrant
reconsideration of his record by an SSB.  Although the citations for  the
awards in question were not in the applicant’s OSR, they  were  reflected
on his OSB.  Furthermore, the awards cited by the applicant were  awarded
to him approximately 8 years ago.  The applicant has provided no evidence
documenting his attempts to ascertain that they were filed  in  his  OSR.
As to the issue of the  incorrect  duty  title  on  his  OSB  before  the
selection board in question, we note that the applicant  was  provided  a
copy of the pre-selection brief prior to the date the board convened.  In
addition, it appears that his current duty title was properly  documented
on the top OPR considered by the selection board.  As to the AF  Form  77
cited by the applicant, that document was prepared in accordance with the
governing instruction.  While the applicant alleges  that  this  document
harmed  his  promotion  opportunities,  the  Board  majority  finds   his
allegations lack specificity and  that  the  applicant  has  provided  no
evidence showing he was inequitably treated in  comparison  to  similarly
situated officers.  Accordingly, in view of  the  foregoing  and  in  the
absence of persuasive evidence by the applicant showing  that,  based  on
the totality  of  the  information  in  his  OSB,  the  duly  constituted
selection board was unable to make a reasonable determination  concerning
his promotability in relation to his peers, the Board majority  finds  no
basis on which to favorably consider this application.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 22 Nov 00 and 14 Mar 01 under the provisions of  AFI
36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Ms. Marcia J. Bachman, Member
      Ms. Margaret A. Zook, Member

Ms. Bachman and Ms. Zook voted  to  deny  the  application.   Mr. Yonkers
voted to grant the appeal and submitted a Minority Report,  which  is  at
Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP1, dated 28 Jul 00, w/atch.
      Exhibit D.  Letter, AFPC/DPPPA, dated 11 Aug 00.
    Exhibit E.  Letter, SAF/MIBR, dated 25 Aug 00.
      Exhibit F.  Minority Report, dated 14 Mar 01.




                                   TERRY A. YONKERS
                                   Panel Chair







MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully considered all the circumstances of this case,
including the rationale of the majority recommendation to deny.
However, I agree with the minority member that the application should
be granted..

      Inasmuch as the Air Force failed to include the citations for
the Air Force Commendation Medal and Air Medal in the applicant’s
Officer Selection Record, the promotion board in question was not
aware of the specific accomplishments which led to the approval of the
award.  There is no way to know the impact of this information may
have had on the applicant’s promotion opportunities.  Therefore, I
agree with the minority member that any doubt should be resolved in
the applicant’s favor and that his record, including the subject
citations, should be considered by Special Selection Board (s).




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

AFBCMR 00-02403




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, to include the citations to accompany the award of
the Air Force Commendation Medal (AFCM) dated 12 September 1992 and the Air
Medal (1OLC) dated 11 June 1991, be considered for promotion to the grade
of major by Special Selection Board for the CY00A Central Major Selection
Board and any subsequent boards which the above citations were not a matter
of record.