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AF | BCMR | CY2001 | 0101673
Original file (0101673.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-01673
            INDEX CODE 131.01  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His record, to include an  Officer  Selection  Brief  (OSB)  reflecting  his
correct duty history and a copy of the citation to accompany  award  of  the
Defense Meritorious Service Medal (DMSM), be considered for promotion  by  a
Special Selection Board (SSB) for the Calendar Year  2000A  (CY00A)  Central
Lieutenant Colonel Selection Board.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His duty history was incorrectly reflected on his OSB reviewed by the  CY00A
Lt Col Board and his Officer Selection Record (OSR) did not contain  a  copy
of the DMSM citation.

The applicant states  that  as  a  result  of  the  erroneous  duty  history
entries, his joint duty tour length was  misrepresented  as  less  than  one
year which may have been perceived as a failure on his part to complete  the
joint  duty  assignment  and   could   have   created   an   impression   of
“homesteading”  at  Hanscom  AFB,  or  lack  of  breadth   in   professional
development.  After reviewing his pre-board record he  identified  an  error
with respect to his duty title with his  Military  Personnel  Flight  (MPF).
However, in updating the correct duty title the MPF erroneously changed  the
duty location and relevant dates of the assignment.  It was not until  after
the CY00A Lt Col Board that he discovered the additional errors to his OSB.

In regard to the DMSM citation, the applicant states that although the  DMSM
was reflected on  his  OSB,  the  lack  of  access  to  the  citation  while
evaluating  his  record  denied  the  board  members  valuable   information
regarding his duty performance and an opportunity to consider an  additional
strength.  As a result, the absence of the DMSM citation had  the  potential
to influence the overall scoring outcome.

In support of the appeal, applicant submits a copy of his  OSB  and  OSR  as
reviewed by the CY00A Lt Col Board, and  a  copy  of  the  DMSM  orders  and
citation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

On 13 April 2000,  the  applicant  was  awarded  the  DMSM  for  the  period
12 November 1996 to 9 February 2000.

On 28 November 2000,  the  applicant  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by  the  CY00A  Lt  Col  Board.
The duty history section of  the  OSB  reviewed  by  the  board  incorrectly
reflected “Electronic Systems CMD Hanscom,”  rather  than  “AFELM  US  SOCOM
USSO MacDill,” for the 2 August 1998 entry.  In addition, although the  DMSM
was listed on his OSB, a copy of the citation was not filed in his records.

_________________________________________________________________

AIR FORCE EVALUATION:

The   Superintendent,   Assignment   Procedures/Joint    Officer    Matters,
AFPC/DPAPP1, reviewed the application and states that at  the  time  of  the
CY00A Lt Col Board, the applicant’s duty history for the period  14 February
1998 through 2 August 1998 was incorrectly reflected in the  Personnel  Data
System  (PDS).   They  have  reviewed  his  source  documents  and   Officer
Performance Reports (OPRs) and concur with corrections already made  to  his
duty history.

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

The Chief, Officer Promotion and Appointment Branch,  AFPC/DPPPOO,  reviewed
the application and states that there is no clear evidence that the  absence
of the DMSM citation or incorrect duty effective  date  negatively  impacted
his promotion opportunity.  In this respect, they note the following:

      a.    The purpose of placing a decoration citation in  an  OSR  is  to
make the board members aware of the level of the  decoration.   Even  though
the citation was not on  file  for  the  board,  the  specific  achievements
contained in the citation were included in his OPRs  and  were  in  evidence
before the board.  Since the board members were aware of the decoration,  it
was factored into their overall promotion evaluation.

      b.    The erroneous duty title effective  date  which  occurred  while
attempting to correct a duty title error identified in a  pre-board  records
review, was no more than an administrative  error.   The  applicant’s  joint
duty history accurately reflects his assignment  at  United  States  Special
Operations Command (USSOCOM) from  1997  to  2000.   In  addition,  his  OSR
contained four OPRs covering a period of 2 August  1996  through  2  January
2000, all while assigned to USSOCOM.  In view  of  this,  they  believe  the
board members were well aware that the date was an administrative error  and
that he was in fact assigned to a joint billet for over 24 months.

      c.    Central boards evaluate the entire OSR  assessing  whole  person
factors such as job performance, professional qualities, depth  and  breadth
of  experience,  leadership,  and   academic   and   professional   military
education.  The selection board had his entire  OSR  that  clearly  outlined
his accomplishments since the date he entered active duty.

       d.     The  applicant  has  not  provided  proof  that  he  exercised
reasonable diligence to correct the error in his  duty  effective  date  and
insure a copy of the DMSM citation was filed in his  records  prior  to  his
promotion board.  Therefore, they recommend denial of his request.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 17 August 2001 for review and response with 30 days.   However,
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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice to warrant providing the  applicant
consideration for promotion to the grade of lieutenant  colonel  by  an  SSB
for  the  CY00A  Lt  Col  board,  with  an  Officer  Selection  Brief  (OSB)
reflecting his correct duty history and the citation to accompany the  award
of the Defense Meritorious Service Medal(DMSM). In  this  respect,  we  note
that on 13 April 2000, the applicant was awarded  the  DMSM.   Although  the
DMSM was reflected on his OSB, a copy of the citation was not filed  in  his
Officer Selection Record  (OSR).   In  addition,  the  2  August  1998  duty
history entry  on  his  OSB  reflected  the  incorrect  level,  MAJCOM,  and
organization.  The applicant’s duty history has been  corrected.   While  it
cannot be conclusively determined whether or not the  absence  of  the  DMSM
citation and the incorrect duty history entry on his OSB  were  the  reasons
for his nonselection for promotion by the CY00A Lt Col board, we do  believe
that they served  to  deprive  him  of  fair  and  equitable  consideration.
Therefore, we recommend  his  record,  to  include  an  OSB  reflecting  his
correct duty history and the DMSM citation, be considered for  promotion  by
SSB for the CY00A Lt Col Board.

_________________________________________________________________

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
prepared for the Calendar Year  2000A  (CY00A)  Central  Lieutenant  Colonel
Selection Board be amended under the Assignment History section  to  reflect
Level “DD/J,” MAJCOM “ZVA,” and Organization “AFELM US SOCOM USSO  MacDill,”
effective 2 August 1998.

It is  further  recommended  that  his  corrected  record,  to  include  the
citation to accompany the award of the Defense  Meritorious  Service  Medal,
be considered for promotion to the grade of lieutenant  colonel  by  Special
Selection Board for the CY00A Central Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 October 2001, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Ms. Diana Arnold, Member
                  Mr. John E. B. Smith, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP1, dated 27 Jun 01.
    Exhibit D.  Letter, AFPC/DPPPOO, dated 7 Aug 01.
    Exhibit E.  Letter, SAF/MIBR, dated 17 Aug 01.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 01-01673




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 APPLICANT, be corrected to show that the Officer Selection
Brief prepared for the Calendar Year 2000A (CY00A) Central Lieutenant
Colonel Selection Board be, and hereby is, amended under the Assignment
History section to reflect Level “DD/J,” MAJCOM “ZVA,” and Organization
“AFELM US SOCOM USSO MacDill,” effective 2 August 1998.

      It is further directed that his corrected record, to include the
citation to accompany the award of the Defense Meritorious Service Medal,
be considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the CY00A Central Lieutenant Colonel Selection Board.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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