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AF | BCMR | CY2001 | 0100373
Original file (0100373.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  01-00373

            INDEX NUMBER:  107.00; 131.01


            COUNSEL:  NONE


            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Selection Board (SSB)  for  promotion
to the grade of major  by  the  CY00B  (18  September  2000)  Major
Selection Board, with  inclusion  of  a  Board  Discrepancy  Report
listing the Aerial Achievement Medal (AAM), First Oak Leaf  Cluster
(1OLC), which was missing from his Officer Selection  Record  (OSR)
and the Air Force Commendation Medal (AFCM), First Oak Leaf Cluster
(1OLC), which was missing from the Officer Selection Brief (OSB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His record was presented to the board without a  Board  Discrepancy
Report annotating incorrect decorations on  his  OSB.   This  would
lead the selection board to erroneously  evaluate  the  record  and
assume he was remiss in his preselection review of his records.

In support, the applicant provided copies of  a  Board  Discrepancy
report, dated 3 January 2001; and  an  e-mail  transmission,  dated
31 January 2001, from the Officer Records Board Support Branch.

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 currently serving on active duty in
the grade of captain, having been promoted to that grade  effective
24 July 1994.  His  total  active  federal  military  service  date
(TAFMSD) is 7 October 1990.

The AFCM 1OLC was accepted for file in the  OSR  on  29  Oct  1999;
however, it was not listed on the OSB reviewed by the  CY00B  Major
Selection Board.

The AAM 1OLC is listed on the  OSB  reviewed  by  the  CY00B  Major
Selection Board; however, neither the citation nor the order was on
file in the OSR.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Officer Promotion, Appts, & Sel Cont.  Br.,  AFPC/DPPPO,
reviewed this application and recommended denial.  The  discrepancy
report was sent to the  applicant’s  servicing  military  personnel
flight requesting a copy of the citation for the AAM 1OLC  and  the
AFCM 1OLC.  They noted that the AAM 1OLC is still not filed in  the
OSR, nor did he include a copy with his application.  The AFCM 1OLC
has been updated in the PDS.  The AAM 1OLC was reflected on the OSB
and the AFCM 1OLC citation was filed in the OSR, but not  reflected
on the OSB.  Regardless of the fact that the OSR did not contain  a
board discrepancy letter, both decorations were in evidence  before
the board and were factored in the promotion evaluation.

The AFCM 1OLC citation was filed in the OSR but was not updated  in
the PDS.  The officer preselection brief is sent to  each  eligible
officer several months prior to a  selection  board.   It  contains
data that will appear  on  the  OSB  at  the  central  board.   The
applicant has  had  more  than  ample  opportunity  (October  1999-
September 2000) to ensure the AFCM 1OLC was  updated  in  the  PDS.
Therefore he has  not  demonstrated  reasonable  diligence  in  the
maintenance of his records.

The evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant on  9 March
2001, for review and response within 30 days  (Exhibit D).   As  of
this date, he has not responded.

___________________________________________________________________

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.  In  this
respect, we note the following:

      a.  While it is true that the applicant's record  before  the
CY00B Major Selection Board did not include  the  citation  or  the
order for award of the Aerial Achievement Medal  (AAM),  First  Oak
Leaf Cluster (1OLC), the Board members were aware of the decoration
because the award was listed on his officer selection brief  (OSB).
According to AFPC/DPPPO, the AAM 1OLC is  still  missing  from  his
selection record and we noted that he did not provide a copy of the
citation with his application.  Therefore, it is suggested that  he
provide a copy of the citation to that office for inclusion in  his
officer selection record.

      b.  It is also true that the  Air  Force  Commendation  Medal
(AFCM) First  Oak  Leaf  Cluster  (1OLC)  was  not  listed  on  the
selection brief  reviewed  by  the  CY00B  Major  Selection  Board.
However, since the citation for the award was accepted for file  in
October 1999, the board members were aware of the  decoration.   We
noted that the Personnel Data System  (PDS)  has  been  updated  to
reflect the award of the AFCM 1OLC.

      c.  The applicant’s contention that the  missing  information
may have led to an  erroneous  evaluation  of  his  record  by  the
selection board was duly noted.  However, several months  prior  to
the convening dates of selection boards, each officer eligible  for
promotion consideration is provided a preselection brief containing
information which will be reviewed by the respective board.  It  is
the officer’s responsibility to review the information for accuracy
and to insure that  any  necessary  corrective  actions  are  taken
before the board convenes.  Other than his own assertions, we  have
seen no evidence that the applicant attempted to correct the  cited
discrepancy on the OSB or  to  insure  that  his  selection  record
contained the  citation  for  the  AAM  1OLC.   Therefore,  in  our
opinion, the applicant did not  exercise  reasonable  diligence  in
insuring that his record before the board was accurate.

      d.  Furthermore,  and  more  importantly,  we  have  seen  no
evidence which would lead us to believe that the cited  discrepancy
on the OSB and the missing citation/discrepancy report  caused  the
applicant’s record to be  so  inaccurate  or  misleading  that  the
members of the duly constituted selection board were precluded from
rendering a reasonable decision  concerning  his  promotability  in
comparison with his peers.  In view of the foregoing,  and  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 8 May 2001, under the provisions of AFI 36-
2603:

                 Mr. Teddy L. Houston, Panel Chair
                 Mr. John L. Robuck, Member
                 Mr. Edward H. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 2001, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 27 Feb 2001, w/atch.
    Exhibit D.  Letter, SAF/MIBR, dated 9 Mar 2001.




                                   TEDDY L. HOUSTON
                                   Panel Chair


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