RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  01-02362
                                        INDEX CODE:  107.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His complete record  be  recompeted  for  a  promotion  recommendation
(Definitely Promote (DP)) at the Management Level Review Board and  he
then receive Special Selection Board (SSB) consideration for promotion
to the grade of colonel for  the  Calendar  Year  (CY)  2001A  Central
Colonel Selection  Board  with  inclusion  of  the  citation  for  his
Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the
period 30 June 1994 through 23 June  1996  in  his  officer  selection
record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was a major and significant error that the CY01A, JAG 0-6 Promotion
Board, did  not  have  his  entire  record  to  consider-–  especially
considering the competitive nature of his year group as  well  as  his
strong promotion potential (supported by his PRF  and  an  unsolicited
note from the senior JAG on that board).  He was told during AFPC post-
board counseling (and he  agrees)  that  the  portion  of  his  record
reflecting his two years in Korea was weaker  than  the  rest  of  his
record.  The  missing  award  citation  is  damaging  for  four  major
reasons:

    1. The missing citation documented his  significant  contributions
to the Korean Theater.

    2.  The missing award memorandum  negatively  draws  attention  to
that weaker period of his career.

    3.  The omission of the citation suggests he did not  care  enough
about promotion to thoroughly check his records.

    4.  Small discrepancies like a missing award citation  can  affect
the outcome of the board.

For all the above reasons, he believes that the omission of the  award
citation was a harmful substantive, and prejudicial  error  and  cause
for his file not to be presented in a complete  manner  to  the  CY01A
Promotion Board.  For something so significant as promotion to 0-6, he
believes it is both fair and reasonable for him to expect that he have
the promotion  board actually see everything that they have a right to
consider.

In support of the appeal, applicant submits a  memorandum  for  record
documenting the missing award,  a  copy  of  the  award  citation,  an
unsolicited note from a  member  of  the  promotion  board  expressing
disappointment he was not selected, and a copy of his PRF.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel.

Applicant was considered and not selected for promotion to  the  grade
of colonel by the CY01A Central Colonel Selection Board.  At the  time
he was considered for promotion, the citation for his  MSM,  2OLC  for
the period 30 June 1994 through 23 June 1996 was missing.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  2000
reflects meets standards on all performance factors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP states that the award citations are  not  filed  for  review
during the  MLR  process.   The  MLR  reviews  the  decorations,  year
awarded, and number  of  awards  that  are  updated  in  the  Military
Personnel Data System.   In  this  case,  the  applicant  provides  no
supportive documentation from the MLR  that  the  decoration  was  not
updated on the Duty Qualification History Brief during the MLR review.
 Therefore, they recommend denial of applicant’s request.

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

AFPC/DPPPO agrees the citation was missing  from  his  OSR.   However,
they state that the purpose of  having  a  citation  included  in  the
record is not to allow selection board members to review the  comments
on the citation, although they may do so  if  they  are  so  inclined.
Rather, the purpose is  to  make  them  aware  of  the  level  of  the
decoration.

Central boards  evaluate  the  entire  OSR  (including  the  promotion
recommendation   form,   officer    performance    reports,    officer
effectiveness  reports,  training  reports,  letters  of   evaluation,
decorations, and officer  selection  brief),  assessing  whole  person
factors such as job performance,  professional  qualities,  depth  and
breadth of  experience,  leadership,  and  academic  and  professional
military education.  Although the citations were not  present  in  his
OSR for the board’s review, the selection board had his entire officer
selection record (including the OSB reflecting the MSM, 2OLC) at their
disposal   during   promotion   consideration.    In    fact,    every
accomplishment mentioned in the MSM, 2OLC citation is  also  reflected
on the applicant's OPRs for that time period and the  CY01A  promotion
recommendation form (PRF).  Accordingly, they are  not  convinced  the
missing  five-year-old  decoration  citation  caused   his   promotion
nonselection.   Therefore,  they  recommend  denial   of   applicant’s
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  Air  Force  evaluations  and  states  that  he
submitted his request for a correction  to  military  records  not  to
exploit a small technical mistake  in  his  records,  but  because  an
important document was missing from his record  when  his  record  was
evaluated for promotion to 0-6.  The objective facts are that he has a
very good record and his record supports  promotion.   He  states,  on
such an important issue as promotion, there should be no issue  as  to
if the board results would have been different if his record had  been
present in its entirety.

He believes his record objectively supports promotion to colonel.  His
belief is supported by the fact he received “DPs” for his promotion to
major and lieutenant colonel.  Those two events certainly  placed  him
in the top 50% of his year group (approximately the promotion rate  to
colonel).  Additionally, after selection to lieutenant colonel, he did
very  well  and  was  competitively  selected  for  advanced  civilian
schooling, and, after graduating with honors, he  successfully  served
as an office chief at the air staff level, and then on the staff of  a
combatant command (US Pacific Command).

His   JAG   year   group   was   exceptionally   competitive.     This
competitiveness is what supports his contention that even the smallest
record discrepancy could have an impact on the final results.

The applicant’s review, with attachments, 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  warranting  favorable
action on the applicant’s request  for  SSB  consideration.   In  this
respect, we note that the Air  Force  agrees  that  his  OSR  did  not
contain the MSM, 2OLC citation for the period 30 June 1994 through  23
June 1996.  While it cannot be conslusively determined whether or  not
the  absence  of  the  missing  citation  was  the  sole  reason   for
applicant’s nonselection for promotion by the Board in question, we do
believe that it served to deprive him of full and fair  consideration.
In view of the foregoing and in an effort to remove any possibility of
an injustice to the  applicant,  we  recommend  that  his  record,  to
include the missing citation, be considered for promotion to the grade
of colonel by Special Selection Board for the  CY01A  Central  Colonel
Selection Board.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  Applicant’s request  to
have his complete record recompeted  for  a  promotion  recommendation
(Definitely Promote (DP)) at the Management  Level  Review  Board  was
considered;  however,  favorable  action  on  his   request   is   not
recommended.  We  note  that  the  applicant  has  failed  to  provide
documentation to support this portion  of  his  appeal;  specifically,
statements from the senior rater and MLRB President.

5.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT,  to  include  the  citation  to  accompany  the
Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the
period 30 June 1994 through 23 June 1996, be considered for  promotion
to the grade of colonel by Special Selection Board  for  the  Calendar
Year 2001A Central Colonel Selection Board.

_________________________________________________________________

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

                       Mr. Benedict A. Kausal, IV, Panel Chair
                       Mr. John B. Hennessey, Member
                       Mr. Thomas J. Topolski Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Apr 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 11 Oct 01.
      Exhibit D. Letter, AFPC/DPPP, dated 11 Oct 01
      Exhibit E. Letter, AFBCMR, dated 19 Oct 01.
      Exhibit F. Applicant’s Response, dated 5 Nov 01, w/atchs.




                             BENEDICT A. KAUSAL, IV
                             Panel Chair







AFBCMR 01-02362
INDEX CODE:  107.00




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 citation to accompany the
Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the
period 30 June 1994 through 23 June 1996, be considered for promotion
to the grade of colonel by Special Selection Board for the Calendar
Year 2001A Central Colonel Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency