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AF | BCMR | CY2001 | 0101237
Original file (0101237.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01237
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His Officer Selection Record (OSR) and Officer Selection Brief
(OSB) for the Calendar Year 2000A (CY00A) (6 Nov 00) Colonel  Dental
Corps (DC) Central Selection  Board  be  corrected  to  include  his
certificate of board certification (which has since been corrected),
previous Army duty history, Professional  Military  Education  (PME)
(which has since been corrected) and decorations.

2.    His corrected record be considered for promotion to the  grade
of colonel by a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When his records were submitted to  the  CY00A  Colonel  DC  Central
Selection Board, they were inaccurate and  incomplete.   His  second
award of the Meritorious Service Medal (MSM)  was  not  listed;  his
dental school education, residency training, and board certification
were not listed correctly or were entirely missing; and PME from his
active  duty  U.S.  Army  service  was  not  listed.   In  addition,
significant assignments and  accomplishments  from  his  prior  Army
service were not allowed to be  presented  to  the  board.   If  his
request is granted, he asks that he be able to submit  a  letter  to
the board summarizing these items.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)
is 25 Apr 88.  He is currently serving on extended  active  duty  in
the Air Force in the grade of  lieutenant  colonel,  effective,  and
with a date of rank (DOR) of 19 Jul 94.

The applicant has one Air Force  Officer  Performance  Report  (OPR)
rendered for the period 24 May 99 through 23 May  00  with  a  Meets
Standards overall rating.

The applicant was considered and not selected for promotion  to  the
grade of colonel by the CY00A Colonel Dental Corps Central Selection
Board.

The Air Force indicated that their center’s, Medical Service Officer
Management Division/Special Pays Branch,  AFPC/DPAMF1,  updated  the
applicant’s medical  corps  officer’s  board  certification  in  the
personnel data system (PDS).  The applicant’s OSB, dated  2 Nov  00,
under the heading of Board  Certified,  reflects  this  update  “Yes
Expires No.”  In Jun 99,  the  Federal  Services  Board  of  General
Dentistry certificate  was  forwarded  to  their  center’s  Officers
Record office.  The board  certification  certificate  is  the  only
documentation that their division forwards to  the  Officers  Record
office.

On 23 Mar 01, AFPC/DPAMD advised the applicant via email  to  submit
his certificate to Air University POC to  update  his  record.   His
record now reflects “SOS EQUIV RESIDENCE 1998.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPMAF2 reviewed this application and recommend  disapproval  of
the applicant’s request.  His board certification was updated in the
PDS and the certificate from the Federal Services Board  of  Surgery
was filed in his OSR in Jun and Jul 99, respectively.

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

AFPC/DPAP reviewed the supporting  documentation  submitted  by  the
applicant and noted the following facts:

            a)  The applicant completed The  Advanced  Education  in
General Dentistry Program.  The advanced course is recognized by Air
University as a Senior Officer School (SOS) equivalent PME  program.
On 23 Mar 01, AFPC/DPAMD advised the applicant via e-mail to  submit
his  certificate  to  Air  University  POC  to  update  his  record.
Applicant’s record now reflects “SOS EQUIV RESIDENCE 1998.”

             b)   The  remaining  certificates  contained   in   the
applicant’s DD Form  149  package  are  recognized  as  professional
education certificates but are not considered PME programs.

Based on the source  documents,  DPAP  concurs  with  correction  of
military education data.  Applicant’s record has been corrected with
the proper PME data.

A complete copy of the Air Force  evaluation,  with  attachment,  is
attached at Exhibit D.

AFPC/DPPPOO  also  reviewed  this  application  and  indicated  that
eligible officers are provided an Officer Preselection  Brief  (OPB)
approximately 100 days prior to board convening  date.   Along  with
the OPB, members are provided an instruction sheet that outlines how
to correct discrepancies prior to the start of  a  promotion  board.
In the applicant’s case, he received  an  OPB  and  the  instruction
sheet approximately at the end of Jul.  The instructions advised the
applicant to call the officer records  section  to  verify  the  OSR
contained a copy of  the  certificate  of  board  certification.   A
review of the applicant’s OSR indicates a copy  of  his  certificate
for General Dentistry was filed in his OSR on 1 Jul 99 and  his  OSB
reflected  he  was  board  certified.   Since  that  is   the   only
documentation that is required to be filed, DPPPOO does not  support
promotion reconsideration on this issue.

The instruction also advised the applicant to contact ECI for update
of all PME data.  He has not provided any  information  as  to  what
action he took to ensure his PME was updated prior to the board.  In
addition, specialty-training courses  are  not  considered  PME  and
cannot be part of the OSR.

In accordance with AFCSM 36-699, paragraph 5.42.3.3.8.2,  Air  Force
officers that have served as commissioned officers in another branch
of the armed forces  will  not  have  their  previous  duty  entries
included in the current Air Force duty history.  Since copies of all
applicant’s Army performance reports were on file for the board, the
board had access to his duty titles, duty locations and a record  of
his performance.

Applicant has not provided any documentation to show what actions he
took prior to the board to ensure his decoration data was correct on
his selection brief and that copies of the citations were on file in
his OSR.  There  is  no  clear  evidence  that  the  additional  MSM
citation filed in his OSR or the absence  of  the  MSM  on  his  OSB
negatively impacted his promotion  opportunity.   In  addition,  the
Expert Field Medical Badge is not a decoration and cannot be part of
the selection record.

DPPPOO states that central boards evaluate the entire OSR (including
the promotion recommendation form (PRF), OPRs, Officer Effectiveness
Reports   (OERs),   training   reports,   letters   of   evaluation,
decorations, and OSB), assessing whole person factors  such  as  job
performance,  professional   qualities,   depth   and   breadth   of
experience, leadership, and academic and PME.  The  selection  board
had applicant’s entire OSR that clearly outlines his accomplishments
since the date he came on active duty.  DPPPOO is not convinced  the
additional MSM citation filed in his OSR or the omission of the most
recent MSM from his OSB caused the applicant’s nonselection.   They,
therefore, are strongly  opposed  to  the  applicant  receiving  SSB
consideration on this.

The instructions provided  to  all  eligible  officers  specifically
state, “Officers will not be considered by a Special Selection Board
if, in exercising reasonable  diligence,  the  officer  should  have
discovered the error or omission in his/her records and  could  have
taken timely corrective action.”  The applicant has not demonstrated
he exercised “reasonable diligence.”  DPPPOO, therefore, is  opposed
to the applicant receiving SSB consideration.

DPPPOO further states that  every  officer  eligible  for  promotion
consideration is advised of their entitlement  to  communicate  with
the board.  The applicant could have used this means to  inform  the
board of any missing documentation from his record.   However,  they
have  verified  the  applicant  elected   not   to   exercise   this
entitlement.

DPPPOO  recommends  disapproval.   AFI  36-2501,  paragraph  6.3.2.2
specifically  states,  “Do  not  have  an  SSB  if,  by   exercising
reasonable diligence, the officer should have discovered  the  error
or omission and  could  have  taken  corrective  action  before  the
originally scheduled board convened.”  In this case,  the  applicant
has not provided proof that he “exercised reasonable  diligence”  to
correct these errors or keep his selection record up to  date  prior
to his promotion board.

A complete copy of their evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluations and provided a two-page
response indicating that he would like to review items that  can  be
discussed as  factual  and  highlight  areas  of  inconsistency  and
outright incorrect information (see Exhibit G).

Applicant’s complete response,  with  attachments,  is  attached  at
Exhibit G.

_________________________________________________________________

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.  After  reviewing  the
documentation provided by the applicant, and noting the  corrections
made administratively regarding PME and board certification, we  are
persuaded that the OSB reviewed by the board  in  question  did  not
reflect the factual information  and  therefore  the  applicant  was
considered for promotion with an inaccurate record.   Therefore,  in
order to offset any possibility  of  an  injustice,  and  since  the
corrections to the OSB were accomplished after the CY00A  board,  we
recommend the applicant’s corrected record reflecting PME and  board
certification be provided promotion consideration to  the  grade  of
colonel by SSB for the CY00A Colonel DC Central Selection Board.  In
addition, his record should include the MSN, 1OLC, awarded  for  the
period 21 May 86 to 12 Jun 89.

4.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of probable error or injustice with regard
to  applicant’s  request  that  previous  Army  duty   history   and
decorations be reflected on his OSB.  In this respect, as stated  by
the  Air  Force,  the  remaining  certificates  contained   in   the
applicant’s DD Form  149  package  are  recognized  as  professional
education certificates but are not considered PME data.  Further, we
note that copies of the citations were on file in his OSR and all of
his Army performance  reports  were  on  file  for  the  board.   In
addition, we note that the Expect  Field  Medical  Badge  is  not  a
decoration and cannot be part of the selection record.  In  view  of
the foregoing, we have no basis on which to favorably consider these
requests.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, to include the attached  OSB,  be  considered
for promotion to the grade of colonel by SSB for the  CY00A  Colonel
DC Central Selection Board.

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 16 October 2001, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Olga M. Crerar, Member
                  Mr. Richard M. McCormick, Member











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

     Exhibit A.  DD Form 149, dated 26 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPMAF2, dated 24 May 01, w/atch.
     Exhibit D.  Letter, AFPC/DPAP, dated 11 Jun 01, w/atch.
     Exhibit E.  Letter, AFPC/DPPPOO, dated 24 Jul 01.
     Exhibit F.  Letter, AFBCMR, dated 10 Aug 01.
     Exhibit G.  Letter fr applicant, dated 21 Sep 01, w/atchs.



                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR 01-01237




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 , to include the attached Officer Selection  Brief
(OSB), be considered for  promotion  to  the  grade  of  colonel  by
Special Selection Board (SSB) for the Calendar  Year  2000A  Colonel
Dental Corps Central Selection Board.











                                                           JOE    G.
LINEBERGER
                                                         Director
                                                          Air  Force
Review Boards Agency

Attachment:
Officer Selection Brief, dated 19 Oct 01

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