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AF | BCMR | CY2001 | 0101385
Original file (0101385.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01385
            INDEX NUMBER:  131.00

      XXXXXXXXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED: No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) and Officer  Selection  Brief  (OSB)
that met the Calendar Year 2000A  (CY00A)  Lieutenant  Colonel  Central
Selection  Board  (6  Nov  00)  be  corrected  to  include  his   board
certification,  promotion  to   Chief   of   Pediatric   Surgery,   his
professional military training, his academic education, and decoration.

_______________________________________________________________

APPLICANT CONTENDS THAT:

Applicant provided copies of supporting documents to justify  requested
corrections.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted  from  the
applicant’s military records, are contained in the letter  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  Superintendent,  Medical  Accessions   and   Personnel   Programs,
AFPC/DPMAF2, evaluated this application and recommends  denial  of  the
applicant’s request.

The  applicant’s  OSB,  dated  2  Nov  00,  under  the  heading  “Board
Certified” reflects  “No.”   The  Medical  Service  Officer  Management
Division, AFPC/DPAMF1, did not receive the applicant’s  American  Board
of Surgery certificate until on/or about 8  Feb  01.   This  was  three
months after the CY00A lieutenant colonel selection board convened.

The complete evaluation is at Exhibit C.

The Chief, Officer Promotion and Appointment Branch, AFPC/DPPPOO,  also
evaluated this application and recommends  denial  of  the  applicant’s
request.

The applicant was provided an Officer Preselection Brief (OPB)  at  the
end of July, approximately 100 days prior to the board convening  date.
Along with the OPB, he was provided an instruction sheet that  outlined
how to correct discrepancies prior to the start of a  promotion  board.
The instructions advised the applicant  to  call  the  officer  records
section to verify the OSR contained a copy of the certificate of  board
certification.   The  applicant  has  not  provided   any   information
regarding what action he took prior to the board  convening  to  ensure
his certificate was filed prior to the board.

The instruction also advised the applicant to contact AFIT  for  update
of all academic education data.  He has not provided any information as
to why his professional degrees were not updated prior to the board.

Although applicant submitted a letter indicating he served as Chief  of
Pediatric Surgery, there is no indication that  this  was  an  official
duty change.  To date, the personnel data system (PDS)  still  reflects
the applicant as SURG PEDS effective 10 Sep 99, as it did for the 6 Nov
00 promotion board.

The applicant’s Air Force Achievement Medal for the period 16 Aug 00 to
19 Aug 00 was not approved until 9 Feb 01.  Therefore, it cannot  be  a
part of his record for the CY00A promotion board.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations.  He  states  that
he  recognizes  that  the  Air  Force  promotion   system   is   highly
competitive,  but  does  not  believe  he  was  given  a  totally  fair
opportunity to be promoted.  He states  that  his  personnel  file  was
incomplete and his officer  selection  record  was  missing  critically
important data.

He believes the heart of the problem related to his non-selection  were
the years he spent at civilian academic centers receiving  subspecialty
training.  He states that he was only at his  current  duty  assignment
for one year when he met the promotion selection board in the zone.  He
therefore had only one OPR by an  active  duty  rater  with  all  other
evaluations being training reports from civilian  raters.   Mid  career
training at civilian centers is required for physicians to meet the Air
Force’s need for highly trained sub-specialists.

The applicant’s complete response is at Exhibit F.

_______________________________________________________________

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  regards  to  the
applicant’s requests to  note  his  promotion  to  Chief  of  Pediatric
Surgery, his professional military training,  academic  education,  and
inclusion of the Air Force Achievement Medal in his  Officer  Selection
Record (OSR).  The  Board  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  regarding  these  issues.   Therefore,  in  the  absence  of
evidence to the contrary, we find  no  compelling  basis  to  recommend
granting the relief sought concerning these issues.

4.  Sufficient relevant evidence has been presented to demonstrate  the
existence of probable  error  or  injustice  in  regards  to  correctly
reflecting the applicant’s board certification on his OSB.   The  Board
notes that the applicant had only been on active duty for a little over
a year when he was considered for promotion to lieutenant  colonel  and
that he was, at the time, board certified.  While the Board  recognizes
that the applicant had a responsibility to ensure that his records were
correct, the Board  finds  it  reasonable  that  the  applicant  lacked
familiarity with the process to update his  records.   The  Board  also
notes that the applicant had completed extensive medical  training  and
education  prior  to  entering  active  duty  and  believes  that   his
consideration  for  promotion  with  an  incomplete  record  could   be
perceived as an injustice.  Therefore, the Board  recommends  that  the
applicant’s records be corrected as indicated below.

_______________________________________________________________

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) viewed by the CY00A Lieutenant Colonel Medical Corp Central
Selection Board be amended  under  the  heading  “Board  Certified”  to
reflect “yes” instead of “no.”

It is further recommended that he be considered for  promotion  to  the
grade of lieutenant colonel by Special Selection Board (SSB)  beginning
with  the  CY00A  Central  Lieutenant  Colonel  Medical  Corp   Central
Selection Board and any subsequent boards to which  entitled  with  the
corrected record.

_______________________________________________________________

The following members of  the  Board  considered  this  application  in
Executive Session on 5 September 2001, under the provisions of AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Nancy W. Drury, Member

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

     Exhibit A.  DD Form 149, dated 17 May 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPMAF2, dated 24 May 01.
     Exhibit D.  Memorandum, AFPC/DPPPOO, dated 9 Jul 00.
     Exhibit E.  Letter, SAF/MIBR, dated 27 Jul 01.
     Exhibit F.  Memorandum, Applicant, dated 16 Aug 01.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR 01-01385




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 XXXXXXXXXX, XXX-XX-XXXX, be  corrected  to  show  that  the
Officer Selection Brief (OSB) viewed by the  CY00A  Lieutenant  Colonel
Medical Corp Central Selection  Board  be  amended  under  the  heading
“Board Certified” to reflect “yes” instead of “no.”

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board (SSB)  beginning
with  the  CY00A  Central  Lieutenant  Colonel  Medical  Corp   Central
Selection Board and any subsequent boards to which  entitled  with  the
corrected record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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