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AF | BCMR | CY2002 | 0200297
Original file (0200297.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00297
            INDEX NUMBER:  131.00

      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to  major  (O-4)  by  Special  Selection
Board (SSB) for the CY01A Central Major Selection Board with  inclusion
of the following documents:

        A.  Officer Performance Report (OPR) closing out 31 Mar 01.

        B.  Training Report (TR) dated 12 Apr 01.

        C.  Joint Service Commendation Medal (JSCM) awarded 12 Aug 94.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Record (OSR) that met  the  CY01A  Central  Major
Selection Board was incomplete and missing documents.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on  active  duty  in  the  grade  of
captain.  His Total Active Federal Military Service Date (TAFMSD) is  1
Mar 89.  A  resume  of  his  last  ten  Training  Reports  and  Officer
Performance Reports follows:

      Closeout Date               Overall Rating

        25 Sep 94 (OPR)                 Meets Standards
        02 Jun 95 (OPR)                 Meets Standards
        13 Jun 96 (TR)            Meets Standards
       *17 Dec 96 (TR)            Did Not Meet Standards
        17 Dec 97 (OPR)                 Meets Standards
        13 Jul 98 (OPR)                 Meets Standards
        31 Mar 99 (OPR)                 Meets Standards
        31 Mar 00 (OPR)                 Meets Standards
        31 Mar 01 (OPR)                 Meets Standards
      **12 Apr 01 (TR)            Meets Standards
        20 Nov 01 (OPR)                 Meets Standards

*Applicant failed to complete  requirements  for  award  of  degree  in
program he was enrolled in at AFIT (Received a referral report).

**TR applicant wants included in his OSR.  TR was prepared to show that
applicant completed previously unfulfilled  requirements  in  1999  for
award of degree through AFIT.

The applicant was considered, but not selected for promotion  to  major
by the CY01A (18 Jun 01) central major selection board.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends  denial  of  applicant’s  request  for  promotion
consideration by SSB.

They disagree that the applicant’s 31 Mar 01 OPR was  not  in  his  OSR
when the CY01A  board  convened.   According  to  their  research,  the
applicant’s OPR was received by AFPC/DPPBR by fax on 7 Jun 01  and  was
filed in the applicant’s OSR.

In regards to the applicant’s 12 Apr  01  TR,  the  applicant  did  not
follow-up on his missing TR until Oct 01,  after  the  board  convened.
The applicant could have written a letter to inform the board president
of his awarded Masters degree.  They believe the  applicant  failed  to
exercise “due diligence” prior to the board.  However,  they  might  be
able to recommend approval of the applicant’s request  for  an  SSB  if
supportive documentation is provided from AFIT personnel explaining the
delay in processing the TR.  The 12 Apr 01 signed TR was  not  received
by AFPC/DPPBR until Feb 02.

They agree that the citation for the applicant’s JSCM was missing  from
his OSR.  However, the personnel  data  system,  and  consequently  the
officer selection brief (OSB), did  reflect  the  JCSM.   Although  the
citation was not present  in  his  OSR  for  the  Board’s  review,  the
selection board had  his  entire  officer  selection  record  at  their
disposal, including the OSB reflecting the JSCM.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation with the  following
points:

         a.  Regarding  AFPC/DPPPO’s  assertion  that  his  request  to
include documentation of a 12 Aug 94 JSCM in his OSR was  untimely,  he
indicates that the JSCM was documented in his records maintained by his
local military personnel flight (MPF).   He  did  not  learn  that  the
documents were missing from his master records maintained by AFPC until
Jan 01 when he requested a copy  of  the  records.   He  made  numerous
attempts to get his records corrected, but did not receive confirmation
until Jan 02 that a copy of the decoration had been faxed to  AFPC  for
inclusion in his records.

        b.  He disagrees with AFPC/DPPPO’s assertion  that  his      31
Mar 01 OPR was included in his OSR that met  the  CY01A  Central  Major
Selection Board.  He recounts the efforts  to  get  the  OPR  included.
When he received a copy of his “as met” OSR, the OPR was not  included.
He was told by an individual at AFPC that the OPR was not  included  in
the copy of the record sent to him because it did not  meet  the  CY01A
board.  The applicant concludes that nobody really knows if his OPR was
included in his records or not.

        c.  The applicant provides the details of his actions to get  a
training report accomplished after he completed AFIT in March 1999.  He
indicates that it appeared that the TR was in his records prior to  the
CY01A board.   After  the  results  of  the  board  were  released,  he
requested a copy of his  records  within  two  days  and  received  the
information three months later.  He filed his request for SSB nine days
later.

The applicant’s complete response is at Exhibit E.

_______________________________________________________________

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 error or injustice.  After  our  review  of  the  complete
evidence of record, we believe that the 12 April 2001  TR  should  have
been included in the applicant’s OSR.  We note that this  TR  documents
the applicant’s successful completion  of  the  AFIT  requirements  for
award of a Masters Degree in a program from  which  he  was  previously
administratively disenrolled.  Insomuch as the referral TR rendered for
the period  14  June  1996  through  17  December  1996  documents  the
deficiencies that led to his disenrollment, failure to include  the  12
April 2001 TR provides an incomplete view of his record.  As such, this
could be perceived as an injustice to the applicant.  We disagree  with
the position stated in the evaluation  done  by  AFPC/DPPPO  that  they
might be able to support the applicant’s request for an SSB should AFIT
provide supportive documentation explaining the delay in processing the
TR.  We believe that the two years it took to get the  TR  accomplished
was excessive and that the applicant took reasonable actions to  insure
it was prepared and on file, although the complete  responsibility  was
not his.  We also do not find that the record clearly  shows  that  the
OPR closing out 31 Mar 01 was included in the applicant’s OSR  for  the
CY01A selection board.  Although we are not convinced that the  missing
JSCM  citation  impacted  the  applicant’s  selection  opportunity,  we
believe that it should be included in the OSR along with the  12  April
2001 TR and 31 March 2001 OPR.  Therefore, in the  interest  of  equity
and justice, we recommend that the record  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:

        a.  The Education/Training Report,  AF  Form  475,  dated    12
April 2001, was accepted for file in his Officer Selection Record on or
before 1 June 2001.

        b.  The citation  for  the  Joint  Service  Commendation  Medal
(JSCM) awarded 12 August 1994 was accepted  for  file  in  his  Officer
Selection Record on or before 1 June 2001.

It is further recommended that he be considered for  promotion  to  the
grade of major by Special Selection Board (SSB) for the CY01A (18  June
2001) Central Major Selection  Board  with  the  corrected  record  and
inclusion of the Officer Performance Report, AF Form 707B, rendered for
the period 1 April 2000 through 31 March 2001.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00297 in
Executive Session on 14 May 2002, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. Thomas J. Topolski, Member

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

     Exhibit A.  DD Form 149, dated 23 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 2 Apr 02.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Apr 02.
     Exhibit E.  Memorandum, Applicant, dated 28 Apr 02.




                                   JOHN L. ROBUCK
                                   Panel Chair


AFBCMR 02-00297


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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

            a.  The Education/Training Report, AF Form  475,  dated  12
April 2001, was accepted for file in his Officer Selection Record on or
before 1 June 2001.

            b.  The citation for the Joint Service  Commendation  Medal
(JSCM) awarded 12 August 1994 was accepted  for  file  in  his  Officer
Selection Record on or before 1 June 2001.

      It is further directed that he be considered for promotion to
the grade of major by Special Selection Board (SSB) for the CY01A
(18 June 2001) Central Major Selection Board with the corrected
record and inclusion of the Officer Performance Report, AF Form
707B, rendered for the period 1 April 2000 through 31 March 2001.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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