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AF | BCMR | CY2001 | 0102042
Original file (0102042.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02042
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Briefs (OSBs) prepared for consideration by  the
Calendar Years 1999B (CY99B)  and  2000A  (CY00A)  Lieutenant  Colonel
Boards be amended to reflect one duty title versus  five  duty  titles
from 24 Jan 85 to 25 May 88.

He be given Special  Selection  Board  (SSB)  consideration  with  his
corrected records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

From 24 Jan 85 until 25 May 88, he had a single assignment as  a  B1-B
Avionics Systems Analyst.  His  duty  history  indicated  a  five-time
change of assignments over the same period, which was  incorrect.   He
believes the error played a role in his nonselection for promotion  to
the grade of lieutenant colonel.  The frequency  of  the  job  changes
gave the appearance that he was not performing his  duties  adequately
to retain the assigned position.   However,  this  was  not  the  case
(Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that  grade  on  1 May 96.   His  Total
Active Federal Military Service Date (TAFMSD) is 21 Jul 82.

Applicant's Officer Performance Report (OPR) profile follows:

      PERIOD ENDING    EVALUATION

       9 Nov 84              Training Report
      23 May 85              1-1-1
      23 Nov 85              1-1-1
      23 May 86              1-1-1
      23 Nov 86              1-1-1
      23 May 87              1-1-1
      18 Oct 87              1-1-1
      18 Dec 87              Training Report
       1 Jun 88              1-1-0
       6 Jun 89              Training Report
      14 Dec 89              Training Report
       1 Jul 90              Meets Standards
       1 Jul 91              Meets Standards
       1 Jul 92              Meets Standards
       7 Dec 92              Meets Standards
      30 Jul 93              Meets Standards
      31 May 94              Meets Standards
      27 Sep 95              Training Report
      27 Sep 96              Training Report
       1 Dec 97              Training Report
       6 Aug 98              Meets Standards
 #    6 Aug 99               Meets Standards
##    6 Aug 00               Meets Standards

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY99B  (30 Nov 99)
Lt Col Board.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY00A  (28 Nov 00)
Lt Col Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  DPPPO noted the applicant’s contention
that his OSBs should have shown only one duty title for the three-year
period from 24 Jan 85 until 25 May 88.  According to DPPPO, AFPC/DPASA
reviewed the applicant’s contentions and supported correcting his duty
history to match the OPRs for that  period.   Although  the  applicant
contended that his duty history entries were incorrect  on  his  OSBs,
the  selection  boards  had  his  entire  officer  selection   record,
including his OPRs for the contested  period.   According  to  DPASA’s
attached memorandum, the  OPRs  contained  the  correct  duty  titles.
Accordingly,  DPPPO  indicated  that  they  are  not   convinced   the
additional duty titles caused his promotion nonselection.

A complete copy of  the  DPPPO  evaluation,  with  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  12
Oct 01 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.   The  applicant's
complete submission was thoroughly reviewed and his  contentions  were
duly noted.  However, we do not find the  applicant’s  assertions  and
the documentation submitted in  support  of  his  appeal  sufficiently
persuasive  that  corrective  action  is  warranted.   The   applicant
contends that from 24 Jan 85 until 25 May 88, his duty history  should
reflect one duty title, rather than five duty  titles.   No  clear-cut
evidence has been presented which shows that his duty history  was  in
error.  AFPC/DPASA indicated that they would  support  correcting  his
duty history to match his OPRs for that period.   We  did  note  that,
based on his OPRs, there  were  three  entries  that  appeared  to  be
duplicates.  But, in our  view,  those  entries  would  be  considered
harmless errors.  In this respect, we  note  that  the  applicant  was
promoted to the grade of major with  those  entries  in  his  records.
Furthermore, we opine that  the  applicant  had  a  responsibility  to
ensure that his record was  correct  prior  to  being  considered  for
promotion.  However, we do not believe he has exercised due  diligence
in doing so.  His duty history has contained the contested duty titles
since 1985.  We find no evidence that he ever took action  to  correct
his duty history after his first nonselection  for  promotion  to  the
grade of lieutenant colonel by the CY99B  (30 Nov 99)  Lt  Col  Board.
Thus, his duty history  contained  those  same  entries  when  he  was
considered for promotion to the grade of  lieutenant  colonel  by  the
CY00A (28 Nov 00) Lt Col Board.  In view of  the  above,  and  in  the
absence of sufficient evidence to support  a  determination  that  the
applicant’s  record  before  the  original  selection  board  was   so
inaccurate  or  misleading  that  the  board  was  unable  to  make  a
reasonable decision concerning his promotability  in  relationship  to
his peers, 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 28 Nov 01, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 2 Oct 01, w/atch.
    Exhibit D.  Letter, SAF/MIBR, dated 12 Oct 01.




                                   TERRY A. YONKERS
                                   Panel Chair

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