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AF | BCMR | CY2001 | 0002576
Original file (0002576.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 00-02576
                 INDEX CODE 131.01  111.01
                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Officer Selection Brief (OSB) for the  Calendar  Year  2000A
(CY00A) Central Colonel Selection Board be amended as follows:

            a.  In the Overseas Duty  History  section,  his  tour  in
Italy be included.

            b.  In the Assignment History section,  the  “28  Jun  99”
duty entry be amended to  reflect  “Madrid/AFM,  Spain,”  rather  than
“Rome/AFM, Italy.”

             c.  In  the  “Professional  Military   Education”   (PME)
section, his completion of Air War College (AWC) be reflected.

2.    The Officer Performance  Report  (OPR)  closing  31  May  00  be
included in his Officer Selection  Record  (OSR).  [This  request  was
added in his rebuttal - see Exhibit F.]

3.    He be given consideration for promotion to the grade of  colonel
by Special Selection Board (SSB) for the CY00A board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In late May 00 his records did not correctly reflect his completion of
AWC, overseas duty history  and  duty  history.   He  asked  that  his
records be corrected before  the  CY00A  board.  He  was  assured  the
corrections would be made in  time.  In  early  Sep  00,  after  being
nonselected, he asked for a copy of his OSR as considered by the CY00A
board; however, he has yet to receive it.  He will forward it once  it
is received; in the meantime, he submits a duty qualification  history
brief  he  received  from  USAFE/MSS.   He   believes   these   errors
contributed to his not being selected for colonel.

A copy of applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered but not  selected  by  the  CY00A  board,
which convened on 17 Jul 00.  The Promotion Recommendation Form  (PRF)
reflected an overall recommendation of “Promote.”

The CY00A OSB did correctly reflect the applicant’s completion of  AWC
in 2000.  The OSB did not reflect his tour in Italy  in  the  Overseas
Duty History Section; however, this tour was reflected  in  the  OSB’s
Duty Assignment History section.  The  most  current  duty  assignment
entry (28 Jun 99) listed in the OSB’s Duty Assignment History  Section
incorrectly  reflected  his  being  assigned  to  the  AFELM  Security
Assistance (EUC) in Rome/AFM, Italy, rather than in Madrid/AFM, Spain.

The top OPR in his CY00A OSR covered his  performance  as  the  Deputy
Chief, AFELM Security Assistance (EUC), in Rome/AFM, Italy, during the
period 17 Jul 98 through 31 May 99.

_________________________________________________________________

AIR FORCE EVALUATION:

The NCOIC, HQ AFPC/DPAPP1, reviewed the appeal and  concurs  that  the
overseas duty history and  duty  history  should  be  corrected.   His
records  were  corrected   upon   receipt   of   this   request.    No
recommendation was provided.

A copy of the complete evaluation is at Exhibit C.

The Chief, Appeals & SSB Branch, HQ AFPC/DPPPA, also reviewed the case
and  accepts  DPAPP1’s  findings  in  their  advisory.   The  OSB  did
correctly reflect the applicant’s completion of  AWC.   His  top  OPRs
that met the board reflected his Italy tour. Likewise, he received the
Defense Meritorious Service Medal (DMSM) for his Italy  tour  and  the
citation was on file when his record met the board. As such, the board
was fully aware of his overseas  duty  history.  The  Chief  does  not
believe the minor administrative omission resulted in his nonselection
and therefore does not recommend SSB consideration.

A copy of the complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of his CY00A OSR and  now  asserts  that
his OPR closing 31 May 00 should have been included in his OSR for the
promotion board’s consideration.  He provides  a  copy  of  this  OPR;
however, there are no dates with the evaluator’s
signatures.   He  finds   his   incomplete   and   inaccurate   record
intolerable, contending the OPR should  have  been  included  and  the
errors he brought to the attention of his  military  personnel  flight
(MPF) should have been corrected.

Applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, Officer Promotion, HQ AFPC/DPPPO, noted the 31 May  00  OPR
was signed by the rater on 11 Jul 00 and by the rater/reviewer  on  31
Jul 00. It was filed in the applicant’s  record  on  5  Sep  00.  Even
though the OPR should have been filed by 31 Jul 00 and  was  late  for
file, it was considered a work copy and, technically,  did  not  exist
until it was officially made a matter of record on 5 Sep  00.   It  is
not reasonable to grant promotion reconsideration based on a  document
that did not exist at the time of the  original  board  (17  Jul  00).
Denial is recommended.

A complete copy of the additional evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A complete copy of the additional  evaluation  was  forwarded  to  the
applicant on 23 Feb 01 for review and comment within 30 days.   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 application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or  injustice  to   warrant   SSB
consideration for the  CY00A  board.   The  CY00A  OSB  did  correctly
reflect completion of AWC; therefore, no correction is  required  with
regard to this issue.  However, the applicant’s  duty  and  assignment
history on the OSB contained other errors.  Further, the  OPR  closing
31 May 00 was not signed by the additional rater until 31 Jul  00  nor
made a matter of record until 5 Sep 00, after the CY00A board and past
the file date required by AFI 36-2402.  As a result,  the  applicant’s
last performance report was already over a year old when the selection
board convened.  We note that the applicant’s  raters  were  Navy  and
Army officers.  As such, we believe the possibility exists  that  they
may not have had the same sense of urgency and awareness as Air  Force
evaluators of the applicant’s need for a current report  on  file  for
the upcoming selection board.  This, coupled with the admittedly minor
errors in the OSB duty history, may have affected his chance for  full
and fair consideration by the CY00A board.   Therefore,  in  order  to
offset any possibility of an injustice, we recommend the CY00A OSB  be
corrected as indicated below, the 31 May 00 OPR  be  included  in  the
selection folder reviewed by the CY00A board,  and  the  applicant  be
afforded SSB consideration for 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 Officer Selection Brief reviewed by  the  Calendar  Year
2000A (CY00A) Central Colonel Selection  Board  include  his  tour  in
Italy in the Overseas Duty History Section, and the  28  Jun  99  duty
entry in the Assignment History Section reflect  “Madrid/AFM,  Spain,”
rather than “Rome/AFM, Italy.”

      b.  The Officer Performance Report (OPR), AF Form 707A, rendered
for the period of 1 Jun 99 through 31 May 00, be amended to reflect  a
date of “12 Jul 00,” rather than “31 Jul 00,” in Section VII  and  “13
Jul 00,” rather than “11 Aug 00,” in Section IX.

It is further recommended that his records, to include the above  OPR,
be considered for promotion to the  grade  of  colonel  by  a  Special
Selection Board for the CY00A Selection Board.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 April 2001, under the provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Nancy W. Drury, Member
                  Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 15 Sep 20, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP1, dated 3 Oct 00.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 16 Oct 00.
   Exhibit E.  Letter, SAF/MIBR, dated 3 Nov 00.
   Exhibit F.  Letter, Applicant, dated 13 Nov 00, w/atchs.
   Exhibit G.  Letter, HQ AFPC/DPPPO, dated 9 Feb 01, w/atch.
   Exhibit H.  Letter, SAF/MIBR, dated 23 Feb 01.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 00-02576




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.  The Officer Selection Brief reviewed by the Calendar
Year 2000A (CY00A) Central Colonel Selection Board include his tour in
Italy in the Overseas Duty History Section, and the 28 June 1999 duty
entry in the Assignment History Section reflect “Madrid/AFM, Spain,”
rather than “Rome/AFM, Italy.”

           b.  The Officer Performance Report, AF Form 707A, rendered
for the period of 1 June 1999 through 31 May 2000, be amended to
reflect a date of “12 July 2000,” rather than “31 July 2000,” in
Section VII and “13 July 2000,” rather than “11 August 2000,” in
Section IX.

      It is further directed that his records, to include the above
OPR, be considered for promotion to the grade of colonel by a Special
Selection Board for the CY00A Selection Board.




   JOE G. LINEBERGER


   Director


   Air Force Review Boards Agency

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