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AF | BCMR | CY2002 | 0200557
Original file (0200557.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00557
            INDEX NUMBER:  131.00

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for the CY00A Lt Col Central
Selection Board be corrected to reflect in the “Command Level”  column,
beginning 24 May 99, “Major Command,” instead of “Wing/Base.”

He be  considered  for  promotion  to  lieutenant  colonel  by  special
selection board (SSB) by the CY00A Lt Col Central Selection Board  with
the corrected OSB.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His OSB prepared for the CY00A Lt Col Central Selection Board reflected
his command level of assignment as “Wing/Base” for his duty  assignment
beginning 24 May 99 when it should have reflected “Major Command.”

He was advised during non-select counseling by AFPC that his assignment
history did not compare favorably with his peers  because  it  appeared
that he had not held a job above “wing level.”

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on  active  duty  in  the  grade  of
major.  His Total Active Federal Military Service Date (TAFMSD)  is  12
Aug 85.  His last  ten  Officer  Performance  Reports  (OPRs)  reflects
overall ratings of “Meets Standards.”  The  applicant  was  considered,
but not selected by the  CY00A  Central  Lieutenant  Colonel  Selection
Board (28 Nov 00).

_______________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO indicate that the applicant’s OSB contained erroneous duty
history information for the CY00A Central Lt Col Promotion Board.   The
applicant’s current MPF has updated the applicant’s duty history.  They
defer to AFPC/DPPPO’s recommendation regarding the applicant’s  request
for promotion consideration by SSB.

The complete evaluation is at Exhibit C.

HQ AFPC/DPPPO recommends denial of the  applicant’s  request  for  SSB.
While the applicant may argue that errors in the command level  in  his
duty history played a role in his nonselection for promotion, there  is
no  clear  evidence  that  it   negatively   impacted   his   promotion
opportunity.  Coded information on the OSB, such as the  command  level
that is reflected in any officer’s  duty  history,  is  also  reflected
elsewhere in the record in cleartext form.   Every  OPR  and  Promotion
Recommendation Form (PRF) in the officer’s record reflects the  command
level for each assignment.  They do not believe that the minor error in
the applicant’s command level duty history caused his nonselection  for
promotion.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  responded  to  the  Air  force  evaluation  prepared  by
AFPC/DPPPO by indicating that he disagreed with their inclusion of  the
information that he has two  nonselects  to  the  grade  of  lieutenant
colonel.  He requests that the Board disregard this information.

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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  The Air Force has  acknowledged  that
the applicant’s OSB for  the  CY00A  Lt  Col  Central  Selection  Board
contained erroneous duty history information.  They also indicate  that
there is no clear evidence that the  erroneous  information  negatively
impacted the applicant’s promotion opportunity.   While  we  can  agree
that the evidence does not clearly  indicate  that  the  applicant  was
negatively impacted, it also does not clearly indicate that he was not.
 We note that the applicant has  stated  that  he  was  advised  during
nonselect counseling that his duty history did  not  compare  favorably
with his  peers.   If  the  individual  that  conducted  the  nonselect
counseling came to this conclusion, it  appears  reasonable  to  assume
that some members of the  selection  board  may  have  drawn  the  same
conclusion.  We believe the doubt generated  over  the  impact  of  the
erroneous information should be  resolved  in  the  applicant’s  favor.
Therefore, we recommend that the applicant’s  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 the Air Force  Officer
Selection Brief prepared  for  the  CY00A  Central  Lieutenant  Colonel
Selection Board  be  amended  in  the  Assignment  History  section  as
follows:

        a.  Change the entry effective  24  May  99  under  the  column
“level” to “CM” (Major Command) vice “W/B” (Wing/Base).

        b.  Change the entry  effective  1  Jan  00  under  the  column
“level” to “CM” (Major Command) vice “W/B” (Wing/Base).

It is further recommended that he considered for promotion to the grade
of lieutenant colonel by Special Selection Board (SSB)  for  the  CY00A
(28 Nov  00)  Central  Lieutenant  Colonel  Selection  Board  with  the
corrected record.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00557 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 11 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAO, dated 26 Feb 02.
     Exhibit D.  Memorandum, AFPC/DPPPO, dated 26 Mar 02.
     Exhibit E.  Letter, SAF/MIBR, dated 5 Apr 02.
     Exhibit F.  Memorandum, Applicant, dated 30 Apr 02.




                                   JOHN L. ROBUCK
                                   Panel Chair


AFBCMR 02-00557


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  Air
Force Officer Selection Brief prepared for the CY00A Central Lieutenant
Colonel Selection Board be amended in the Assignment History section as
follows:

        a.  Change the entry effective  24  May  99  under  the  column
“level” to “CM” (Major Command) vice “W/B” (Wing/Base).

        b.  Change the entry  effective  1  Jan  00  under  the  column
“level” to “CM” (Major Command) vice “W/B” (Wing/Base).

      It is further directed that he considered for promotion to
the grade of lieutenant colonel by Special Selection Board (SSB)
for the CY00A (28 Nov 00) Central Lieutenant Colonel Selection
Board with the corrected record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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