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AF | BCMR | CY2001 | 0100998
Original file (0100998.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00998
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records meet a Special Selection Board (SSB)  for  the  Calendar
Year 2000A (CY00A) Central Lieutenant Colonel Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His senior rater and the promotion board did not  consider  material
information that should have been  available  to  them  when  making
decisions regarding his selection for promotion.  The  citation  for
the Defense Meritorious Service Medal (DMSM), First Oak Leaf Cluster
(1OLC), was missing from his officer selection  record  (OSR).   The
DMSM, 1OLC, had been awarded by the Commander, United States Forces,
Korea (USFK).   The  citation  did  not  arrive  at  the  Air  Force
Personnel Center prior to the board.  The delay  in  processing  the
award occurred at USFK.  There was nothing he could do  to  expedite
processing to ensure the award was  available  prior  to  the  board
date.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)
is 26 Sep 82.  He is currently serving on extended  active  duty  in
the grade of major, effective, and with a  date  of  rank  (DOR)  of
1 Mar 98.







Applicant’s Officer Performance  Report  (OPR)  profile  since  1992
reflects the following:

            PERIOD ENDING          OVERALL EVALUATION

              9 Jul 92                     MS
              9 Jul 93                     MS
              9 Jul 94                     MS
             23 Jun 95                     MS
             23 Jun 96                     MS
             23 Jun 97                     MS
             23 Jun 98                     MS
             23 Jun 99                     MS
             31 May 00                     MS

A Board Discrepancy Report for Board CY00A,  dated  17 Nov  00,  was
filed on top of the applicant’s OSR reflecting the DMSM,  1OLC,  was
missing from his record.

The Air Force indicated that  since  the  CY00A  Central  Lieutenant
Colonel Board  was  one  of  the  applicant’s  below-the-zone  (BTZ)
considerations,  his  personnel  data  system  record  reflects   no
nonselections for promotion.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Officer  Promotions,  Appointments  &  Selection  Cont.
Branch, AFPC/DPPPO, reviewed this application and  agrees  that  the
citation for the DMSM,  1OLC,  was  missing  from  applicant’s  OSR.
However, the purpose of having a citation included in the record  is
not to allow board members to review the comments on  the  citation,
although they may do so  if  they  are  so  inclined.   Rather,  the
purpose is to make them aware of the level of the  decoration.   The
personnel data system, and subsequently the officer selection  brief
(OSB), did reflect  award  of  the  DMSM,  1OLC.   To  call  further
attention to the fact the applicant  had  been  awarded  the  medal,
there was a discrepancy letter filed on top of the OSR to  highlight
to board members the citation was missing.   Although  the  citation
was not present in applicant’s  OSR  for  the  board’s  review,  the
selection board had his entire officer selection  record  (including
the  OSB  reflecting  the  DMSM,  1OLC)  at  their  disposal  during
promotion consideration.  Other than one  sentence  intimating  that
his “untiring efforts” resulted in the  Army  currently  staffing  a
contingency requirement, all  accomplishments  on  the  DMSM,  1OLC,
citation are also reflected on the applicant’s OPRs  and  the  CY00A
promotion recommendation form  (PRF).   Accordingly,  DPPPO  is  not
convinced the missing decoration citation caused nonselection by his
BTZ board.  Based on the evidence provided, they recommend denial of
the applicant’s request.

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  applicant  on
1 Jun 01 for review and response.  As of this date, no response  has
been received by this office.

_________________________________________________________________

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.
Applicant’s contentions are duly noted; however, a majority  of  the
Board  does  not  find  these  assertions,  in  and  by  themselves,
sufficiently persuasive to override the rationale  provided  by  the
Air Force.  No evidence has been  presented  which  would  lead  the
majority of the Board to believe that the omission of  the  citation
to accompany the DMSM, 1OLC, caused the applicant’s records 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 to his peers.  A majority
of the Board, therefore, agrees with the recommendation of  the  Air
Force and adopts the rationale expressed  as  the  basis  for  their
decision that the applicant has failed to sustain his burden that he
has suffered either  an  error  or  an  injustice.   Therefore,  the
majority of  the  Board  finds  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________









The following members of the Board considered  this  application  in
Executive Session on 2 August 2001,  under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Henry Romo, Jr., Panel Chair
                  Mr. Christopher Carey, Member
                  Mr. Clarence D. Long, III, Member

By a majority vote, the Board recommended denial of the application.
 Mr. Carey voted to grant the relief sought but  does  not  wish  to
submit a minority report.  The following  documentary  evidence  was
considered:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 21 May 01.
     Exhibit D.  Letter, AFBCMR, dated 1 Jun 01.




                                   HENRY ROMO, JR.
                                   Panel Chair


MEMORANDUM   FOR   THE   EXECUTIVE   DIRECTOR,   AIR   FORCE   BOARD
                       FOR   CORRECTION    OF    MILITARY    RECORDS
                          (AFBCMR)

SUBJECT:  AFBCMR Application of, Docket Number
                 01-00998

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that
applicant had not provided substantial evidence of error or
injustice and recommended the case be denied.  I concur with that
finding and their conclusion that relief is not warranted.
Accordingly, I accept their recommendation that the application be
denied.

      Please advise the applicant accordingly.



                                        JOE G. LINEBERGER
                                        Director
                                         Air  Force  Review   Boards
Agency

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