RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 00-02918 (Cs #3)
                 INDEX CODE 131.01  107.00
      XXXXXXX          COUNSEL:  None

      XXXXXXX          HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the  grade  of  colonel  by  Special
Selection Boards (SSBs) for the Calendar Year 1999A (CY99A) and  CY00A
Colonel  Selection  Boards  with  the  citations   for   the   Defense
Meritorious Service Medal (DMSM) and the  Joint  Service  Commendation
Medal (JSCM) in his selection folder.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His CY99A Officer Selection Record (OSR)  did  not  reflect  the  DMSM
awarded in May 99. This is beyond the  60-day  mandatory  requirement.
Additionally, since he had a permanent change  of  station  (PCS)  two
months prior to meeting the board,  he  did  not  receive  an  Officer
Preselection Brief (OPB) and his servicing military  personnel  flight
(MPF) did not have his military records available for review prior  to
the board.  After receiving a copy of his “as  met”  records  for  the
CY00A board, he discovered that no citation for the JSCM  was  present
in his OSR.  Although the award was reflected on the OSB, the  missing
citation is required in boarded selection packages.

Copies of the applicant's complete submissions are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel, with a date of rank of 1 Aug 95.

The JSCM for the period of Nov 92 to Aug 95 was awarded on 4  Mar  96.
The DMSM for the period of 20 Jun 98 to 10 Jun 99 was awarded on 6 Apr
99.

The applicant was considered  below-the-promotion-zone  (BPZ)  by  the
CY99A board (2 Aug 99); however, he was not  selected.  The  Promotion
Recommendation   Form   (PRF)   reflected   an    overall    promotion
recommendation of “Promote.”  The OSB reflected receipt of  the  JSCM,
but not the DMSM.  The citations for these awards were  not  filed  in
the OSR.

The DMSM citation was filed in his records on 24 Apr 00.

On 10 Jul 00, the applicant’s MPF was notified that the  citation  for
the JSCM was not in his OSR.

He was subsequently  considered  in-the-promotion-zone  (IPZ)  by  the
CY00A board (17 Jul 00)  but  again  was  nonselected.  The  Promotion
Recommendation   Form   (PRF)   reflected   an    overall    promotion
recommendation of “Definitely Promote.” Receipt of the  JSCM  and  the
DMSM was reflected on the CY00A OSB, and the DMSM citation was in  his
OSR for that board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed the  appeal
and provided his rationale for  recommending  denial.   Since  he  was
awarded the DMSM in May 99, three months prior to the CY99A board,  he
does not state what efforts he or his evaluation  chain  at  the  time
made to ensure the  DMSM  was  available  for  the  board  or  provide
evidence to demonstrate that efforts were made.  If he had  any  doubt
the decoration would not be available, he could have written a  letter
to the board informing them of this award; however, he opted not to do
this.  The JSCM citation still has not been filed in his OSR as of the
date of his applications. The  Chief’s  office  provided  the  Records
Section a copy of the citation for file in his OSR on 6  Nov  00.  The
JSCM was annotated on the OSB and was in evidence to  the  board.  All
the accomplishments included in the JSCM citation  were  also  written
into the applicant’s officer performance reports (OPRs)  covering  the
inclusive dates of the decoration. As such, its absence from  the  OSR
does not constitute a material error.  There is no clear evidence that
the  absence  of  the  citations  negatively  impacted  his  promotion
opportunity on either board and SSB consideration is not supported.

A copy of the complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant strongly disagrees with the  evaluation.   Although  the
DMSM was approved in Apr 99 and presented in May 99, he did not have a
copy of the official award documentation until  the  end  of  Aug  99,
which was sent to him from Saudi Arabia.  Upon receipt, which occurred
after the CY99A board met, he took the entire package to  the  MPF  to
have it entered into his official records.  As far as writing a letter
to the board, he  was  advised  he  needed  some  source  document  to
validate the award, which he did not have.  After the CY00A board,  he
discovered the discrepancy annotation in  his  records  regarding  the
JSCM.  The advisory  is  speculating  when  it  states  his  promotion
opportunity was not affected by these errors.  He  can’t  portent  the
selection board results would change; however, it is only just that an
accurate history is reflected in the boarded process.  If  he’s  still
not selected, then nothing is lost and  he’ll  at  least  realize  the
correct OSR met the promotion board.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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  granting  SSB
consideration  for  the  CY99A  and  CY00A  selection  boards.   After
carefully reviewing the available documentation, we are persuaded that
the applicant made reasonable efforts to have a complete and  accurate
record when he was considered by  these  promotion  boards.   In  this
regard, he did not receive an  OPB  and  his  MPF  did  not  have  his
military records available for review prior to the CY99A  board.   The
CY99A OSB did not include the DMSM and he did not even receive a  copy
of the award until after the board convened.  He  could  not  write  a
letter to the board or make corrections to  his  record  without  some
source document  to  validate  the  award,  which  he  did  not  have.
Further, we note that although the JSCM was awarded on 4 Mar  96,  its
citation still had not been filed in his records when the CY00A  board
convened.  We cannot determine with any certainty whether these errors
adversely affected his promotion  opportunity  or  not.   However,  in
order to provide him full and fair consideration, as  well  as  offset
the possibility of an injustice, we believe  these  errors  should  be
corrected and he be afforded SSB consideration for the CY99A and CY00A
selection boards.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Officer Selection
Brief reviewed by the Calendar Year 1999A  (CY99A)  Colonel  Selection
Board reflected receipt  of  the  Defense  Meritorious  Service  Medal
(DMSM) for the period 20 June 1998 to 10 June 1999.

It is further recommended that he be considered for promotion  to  the
grade of colonel by Special Selection Board for the  CY99A  and  CY00A
Colonel Selection Boards with copies of the  citations  for  the  DMSM
mentioned above and for the Joint Service Commendation Medal  for  the
period November 1992 to August 1995 in his records.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 March 2001, under the  provisions  of  AFI  36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. George Franklin, Member
                  Mr. Roger E. Willmeth, Member

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

   Exhibit A.  DD Form 149, dated 26 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPA, dated 27 Nov 00.
   Exhibit D.  Letter, SAF/MIBR, dated 8 Dec 00.
   Exhibit E.  Letter, Applicant, dated 18 Dec 00.



                                   TERRY A. YONKERS
                                   Panel Chair


AFBCMR 00-02918




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  the  Officer
Selection Brief reviewed by the Calendar Year  1999A  (CY99A)  Colonel
Selection Board reflected receipt of the Defense  Meritorious  Service
Medal (DMSM) for the period 20 June 1998 to 10 June 1999.

      It is further directed that he be considered for promotion to
the grade of colonel by Special Selection Board for the CY99A and
CY00A Colonel Selection Boards with copies of the citations for the
DMSM mentioned above and for the Joint Service Commendation Medal for
the period November 1992 to August 1995 in his records.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency