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AF | BCMR | CY2001 | 0003148
Original file (0003148.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03148
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Assignment History Section of her Officer Selection Brief (OSB) be
corrected to reflect only  one  entry  as  an  Assistant  Staff  Judge
Advocate at Carswell Air Force Base (AFB).

The Academic Education Section of her OSB be corrected to reflect that
she completed her master’s degree in 1988.

She be given Special Selection Board (SSB) consideration for promotion
to the grade of lieutenant colonel with her corrected record.

By amendment, the Assignment History Section of her OSB  be  corrected
to reflect the Command Level (CMD LVL) entry, with an  effective  date
of 27 Jul 98, as Numbered Air Force (NAF) versus Wing/Base (W/B).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Carswell AFB was her first Air Force assignment as  a  judge  advocate
(JAG).  She was there less than two years and held the position of  an
assistant staff judge advocate the entire time.  Based upon  the  fact
that her position title remained unchanged during her tour there,  she
believes  that  only  one  entry  should  have  been  made  under  the
assignment history section of her OSB  listing  her  as  an  assistant
staff judge advocate.  The  title  “assistant  staff  judge  advocate”
appropriately reflects the fact that a JAG is new and has minimal,  if
any, supervisory responsibilities.  It is the least prestigious of any
JAG title/position.  Unfortunately, three additional entries were made
under this same section.  Thus,  when  one  looks  at  the  assignment
history section, unless one specifically examines the  effective  date
of each entry, it appears as though she has spent almost half  of  her
JAG career as an assistant staff judge advocate as four  of  the  nine
JAG assignment entries have her working as an  assistant  staff  judge
advocate.

Since the year completed was not entered on the  OSB,  it  appears  as
though she did not complete her master’s degree.

In  support  of  her  appeal,  the  applicant  provided  an   expanded
statement, and copies of her  OSB,  two  Officer  Performance  Reports
(OPRs), and transcript.

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, having been promoted to that grade  on  1 May  96.   Her  Total
Active Federal Military Service Date (TAFMSD) is 6 Jan 85.

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

      PERIOD ENDING    EVALUATION

      28 Aug 89              Training Report
      30 Jul 91              Training Report
      30 Jul 92              Meets Standards
       1 Jun 93              Meets Standards
       1 Jun 94              Meets Standards
       1 Jun 95              Meets Standards
       1 Jun 96              Meets Standards
       1 Jun 97              Meets Standards
       1 Jun 98              Meets Standards
  #   1 Jun 99               Meets Standards
       1 Jun 00              Meets Standards

# Top Report at the  time  she  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, AFPC/DPPPA, reviewed this application  and
recommended denial.  DPPPA  indicated  that,  based  on  the  evidence
provided, they do not support promotion reconsideration.  However,  if
the AFBCMR finds in favor of the applicant, they pose no objection  to
removal of the 1 Jan 92 entry on the OSB.

A complete copy of the DPPPA evaluation is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a  response  and
which is attached 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 warranting corrective  action
regarding  the  “Assistant  Staff  Judge  Advocate”  entry,  with   an
effective date of 1 Jan 92,  and  the  Command  Level  entry  with  an
effective date of 27 Jul 98, in the Assignment History Section of  the
applicant’s OSB.

      a.  With regard to the “Assistant Staff Judge Advocate” entry on
the OSB with an effective date of 1 Jan 92, we note that this entry is
identical in every aspect to the 10 Oct 91 entry, which reflected  the
applicant’s  arrival  at  Carswell  Air  Force   Base.    Furthermore,
AFPC/DPPPA offers no objection  to  the  removal  of  this  particular
entry.  In view of the above,  we  opine  that  the  entry  should  be
removed from the applicant’s records, and so recommend.

      b.  Concerning the command level entry with an effective date of
27 Jul 98, after a review of the available evidence,  to  include  the
applicant’s officer performance report (OPR) for the  time  period  in
question, we believe that the entry should reflect the  command  level
as NAF.  Accordingly, we recommend that  the  applicant’s  records  be
corrected to show the 27 Jul 98 entry as NAF.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice concerning the  remaining
portions of this application.

      a.  With regard to the applicant’s request for SSB consideration
with her corrected record, we do  not  believe  that  the  recommended
changes to the record are sufficient to  warrant  placing  her  record
before an SSB.  Therefore, in the  absence  of  clear  and  convincing
evidence to support a determination that the applicant’s record before
the original selection board was so inaccurate or misleading that  the
board  was  unable  to  make  a  reasonable  decision  concerning  her
promotability in relationship to her peers,  the  applicant’s  request
for SSB consideration is not favorably considered.

      b.  Concerning the applicant’s requests that her  CY99B  OSB  be
amended in the Assignment History Section by removing  the  “Assistant
Staff Judge Advocate” entries with the effective dates of 1 Jun 92  of
8 Jul 92, and that the  Academic  Education  Section  of  her  OSB  be
corrected to reflect she completed her master’s  degree  in  1988,  we
agree with the opinion and recommendation of the Air Force  office  of
primary responsibility (OPR) and adopt their rationale  as  the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Therefore, in the  absence  of  evidence  to  the
contrary, the applicant’s requests are not favorably considered.

_________________________________________________________________

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 (OSB) prepared for consideration  by  the  Calendar  Year  1999B
(CY99B) Lieutenant Colonel Board, which  convened  on  30 Nov  99,  be
amended in the “Assignment History” Section by deleting the duty title
of “Assistant Staff Judge Advocate,” with an effective date of  1  Jan
92; and, be amended in the “Assignment History” Section  to  show  the
Command Level (CMD  LVL)  as  “Numbered  Air  Force”  (NAF),  with  an
effective date of 27 Jul 98, rather than “Wing/Base” (W/B).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 Mar 01, under the provisions of AFI 36-2603:

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

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

     Exhibit A.  DD Form 149, dated 20 Nov 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 6 Dec 00.
     Exhibit D.  Letter, SAF/MIBR, dated 15 Dec 00.
     Exhibit E.  Letter, applicant, dated 29 Dec 00.




                                   TERRY A. YONKERS
                                   Panel Chair


AFBCMR 00-03148




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 (OSB) prepared for consideration by the Calendar Year 1999B
(CY99B) Lieutenant Colonel Board, which convened on 30 Nov 99, be
amended in the “Assignment History” Section by deleting the duty title
of “Assistant Staff Judge Advocate,” with an effective date of 1 Jan
92; and, be amended in the “Assignment History” Section to show the
Command Level (CMD LVL) as “Numbered Air Force” (NAF), with an
effective date of 27 Jul 98, rather than “Wing/Base” (W/B).






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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