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AF | BCMR | CY2001 | 0101155
Original file (0101155.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-01155
                 INDEX CODE:  131.01
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The duty title on his Officer Selection Brief (OSB) be changed  from  “Staff
Psychiatrist  to  “Outpatient  Mental  Health  Element  Chief”  and  he   be
considered by a Special Selection Board (SSB) for  promotion  by  the  CY00A
Central Colonel Selection Board.
___________________________________________________________________

APPLICANT CONTENDS THAT:

His promotion package for the November MC Colonel’s Board had the  incorrect
duty title which may have prejudiced his selection for  colonel.   His  duty
title at the time of the board should have been  “Outpatient  Mental  Health
Element Chief” and not “Staff Psychiatrist.”

In support of his application, the applicant submits a  personal  statement,
a copy of his personal data sheet with the incorrect title at  the  time  of
the board and a current (corrected) officer effectiveness report (OER)  data
sheet (Exhibit A).
___________________________________________________________________

STATEMENT OF FACTS:

The  applicant  is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel with a date of rank of 22 June 1995 and  a  total  active
federal military service date (TAFMSD) of 01 July 1984.  The  applicant  was
considered and not selected for promotion to colonel by the  CY00A  (M0600A)
Central Colonel Selection Board that convened on 6 November 2000.

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this record of proceedings.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Medical  Accessions  and  Personnel   Programs   Branch,   AFPC/DPAMF2,
indicates  that  the  Physicians  Utilization  Branch  and  the  applicant’s
military personnel flight have no documentation of when his duty  title  was
updated at base level.   According  to  the  Physicians  Utilization  Branch
Chief, the applicant was selected (while stationed at Osan ABS) to fill  the
position of Outpatient Mental Health Element Chief at  RAF  Lakenheath,  UK.
Therefore, when the applicant arrived at RAF  Lakenheath  on  13 July  2000,
his duty title should have read as “Outpatient Mental Health Element  Chief”
and  not  “Staff  Psychiatrist.”   Therefore,  DPAMF2  recommends   approval
(Exhibit C).

The Officer Promotions, Appointments,  and  Selection  Continuation  Branch,
AFPC/DPPPO, states the applicant did not claim that he did not  receive  the
Officer Pre-selection Brief (OPB), nor  does  he  explain  why,  if  he  did
receive it, he took no action to correct his erroneous  duty  title.   Since
he was hired to have the specific duty title that  he  now  claims  was  not
reflected on his OSB, DPPPC maintains he  did  not  exercise  due  diligence
prior to the M0600A board date.  The applicant did receive his Initial  Duty
Assignment (IDA) Report on Individual  (RIP)  dated  1  August  2000,  which
clearly reflected an incorrect duty title.  He had to have  seen  it,  since
he submitted a copy, yet he doesn’t explain what actions he took to  correct
the duty title while the M0600A board was still over three months away.   As
it  appears  now,  he  would   like   promotion   reconsideration   for   an
administrative  error.   As  such,  DPPPO  does  not  believe  granting  SSB
consideration is warranted (Exhibit D).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and  response.   As  of  this  date,  this  office  has  received  no
response.

___________________________________________________________________

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 agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  The Board took note that  the  applicant  received  his  Initial
Duty Assignment (IDA) RIP reflecting an incorrect duty  title  three  months
prior to the convening of the CY00A Central  Colonel  Selection  Board.   We
are  not  persuaded  by  the  evidence  provided  that  the  applicant  took
reasonable and timely steps to ensure that his records  were  correct  prior
to  the  convening  of  the  promotion   board.    Furthermore,   and   more
importantly, we have seen no evidence that the error on his OSB  caused  his
record  to  be  so  erroneous  or  misleading  that  the  duly   constituted
selection, vested with the discretionary authority to  select  officers  for
promotion,  was  unable  to  make  a  reasonable  decision  concerning   the
applicant’s promotability when compared to his  peers.   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 11 September 2001, under the provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. Thomas J. Topolski, Jr., Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 25 May 01.
    Exhibit D.  Letter, AFPC/DPPPO, dated 17 Jul 01
    Exhibit E.  Letter, SAF/MIBR, dated 27 Jul 01.



                                   PEGGY E. GORDON
                                   Panel Chair

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