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AF | BCMR | CY2001 | 0002744
Original file (0002744.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02744
            INDEX NUMBER:  131.01

      XXXXXXXXXXXXXXXX COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her officer selection record (OSR) that met the calendar year  (CY)
1999B Lieutenant Colonel Promotion Board be  corrected  to  include
her  Medical  Board  Certification  and  the   citation   for   the
Meritorious Service Medal (MSM), First  Oak  Leaf  cluster  (1OLC),
covering the period 31 July 1995 to 10 August 1998.

She be considered for promotion by Special Selection Board (SSB) by
the Calendar Year 1999B Lieutenant  Colonel  Nurse  Corp  Promotion
Board with the corrected record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She learned during a non-select counseling session that there  were
problems with her OSR and that certain documents were missing.

She had taken the necessary  steps  to  update  her  records  after
receiving her Pre-Selection Brief (PSB).

Neither she nor the Military Personnel Flight  were  notified  that
there were discrepancies in her record.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information contained in the Personnel  Data  System  reflects  the
applicant’s Total Active Federal Military Service Date (TAFMSD)  as
15 Jun 83.  The applicant’s last ten  Officer  Performance  Reports
(OPRs) reflect  overall  ratings  of  “meets  standards.”   She  is
serving on active duty as a nurse  in  the  grade  of  major.   The
applicant was considered and not selected for promotion by  the  CY
99B Lieutenant Colonel Nurse Corp Board.

Per a Special Order dated 18 June 1998, applicabt was  awarded  the
MSM (1OLC) for outstanding  noncombat  service  during  the  period
31 July 1995 to 10 August 1998.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Medical  Service  Officer  management  Division,  AFPC/DPAMF2,
evaluated this  application  and  makes  no  recommendation.   They
indicate that the applicant’s officer selection brief  for  the  CY
99B  promotion  board  reflected  “yes”  under   board   certified,
indicating that the military personnel flight  updated  her  record
prior to the CY 99B board.  They found no  record  indicating  that
the applicant’s nurse corps board certification letter was sent  to
the Nurse Corp Utilization and Education Branch.

The complete evaluation is at Exhibit C.

The  Appeals  and  SSB  Branch,  AFPC/DPPPA,  also  evaluated  this
application and recommends that the applicant’s request be denied.

When they received the applicant’s appeal, they noted that her  OSR
still did not contain either the decoration or  the  medical  board
certificate.  They have forwarded a copy of the  documents  to  the
Records Section for file in her records.

The OSB reviewed by the CY99B Lieutenant Colonel Nurse  Corp  Board
had both the MSM (1OLC) and  her  board  certification  identified.
Further, AFPC/DPAMF2 stated that their office had no record, in the
last three years, indicating the  applicant’s  board  certification
letter was forwarded to AFPC/DPAMN.

They agree that the MSM (1OLC) should have been in her OSR based on
its special order closing out more than 60 days prior to the CY 99B
board convening.  The purpose of having a citation included in  the
record is not to allow board members the opportunity to peruse  the
comments, although they may do so if they are  so  inclined.   Even
though the MSM (1OLC) citation and/or special  order  were  not  on
file, the board members knew of its existence by the entry  on  the
OSB.  Also, all the accomplishments included in the  citation  were
written into the applicant’s OPRs covering the inclusive  dates  of
the decoration.  The same  rationale  also  applies  to  the  board
certification.  As such, SSB is not warranted.

While it may be argued that the absence of the MSM (1OLC) and board
certification were factors in the applicant’s  nonselection,  there
is no clear evidence that their  absence  negatively  impacted  her
promotion opportunity.

The complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to  the  Air  Force  evaluations  by  again
stating her request for an SSB.  She states that she received a PSB
for review and  correction  for  her  In  the  Primary  Zone  (IPZ)
promotion board and corrected and updated her record  in  a  timely
manner.  In regard to her board certification, she points out  that
although the Nurse Corps certification log did not have information
on  her  board  certification,  she  has   been   receiving   board
certification pay since 1996 and would not have received  this  pay
if the proper documentation had not been submitted.

The evaluation done by  AFPC/DPPA  states  that  her  OSR  did  not
contain the decoration or board certification despite  her  efforts
to ensure her records  were  complete.   They  recommend  that  her
application be denied on grounds that she will  be  considered  for
promotion again by the CY00A promotion board.  They do not discuss,
however, the decreased opportunity  of  being  promoted  Above  the
Promotion Zone (APZ).  Although, her OSB  reflected  that  she  was
board certified and had earned an MSM (1OLC), this was inconsistent
with the lack of the two documents  in  her  OSR.   The  Air  Force
evaluation presumes that this inconsistency  was  resolved  by  the
board members and  concluded  that  she  was  board  certified  and
decorated.  An equally valid presumption is that the board  members
thought the OSB was wrong.

AFPC/DPPA also concedes the possibility that her nonselection could
have been due to the absence of the MSM (1OLC) citation  and  board
certification documents.  These missing documents were important or
a board discrepancy report would  not  have  been  generated.   The
discrepancy report claimed that her servicing MPF was contacted  to
locate the documents in question.  Her MPF has nothing on  file  to
indicate such communication ever took place.

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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of probable error or injustice.  We  took
notice of the applicant's complete submission in judging the merits
of the case; however, we were not persuaded that the errors in  her
record led to her nonselection for promotion.  The Board noted that
both the Meritorious Service Medal and medical board  certification
were documented in her records.  We do not believe that the missing
decoration citation and  medical  board  certificate  significantly
change and enhance the applicant’s overall record.   Therefore,  in
the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of probable material error or  injustice;
that the application was denied without a personal appearance;  and
that the application will only be reconsidered upon the  submission
of newly discovered relevant  evidence  not  considered  with  this
application.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 30 January 2001, under the provisions  of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Ms. Peggy E. Gordan, Member
      Mr. Frederick R. Beaman, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAMF2, dated 31 Oct 00.
    Exhibit D.  Memorandum, AFPC/DPPPA, dated 8 Nov 00.
    Exhibit E.  Letter, SAF/MIBR, dated 22 Nov 00.
    Exhibit F.  Letter, Applicant, 15 Dec 00, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

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