RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-00936
                       INDEX CODE 131.01
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Officer Performance Report (OPR) for  the  period  27  Oct  00
through 26 Oct 01 be included in his Officer Selection Record (OSR).

2.  The Assignment History in the Officer Selection  Brief  (OSB)  for
the Calendar Year 2001B (CY01B) Lieutenant Colonel  Central  Selection
Board be corrected as follows:

    a.  The 28 Jun 00 entry reflect “Air Attaché” vice “Student.”

    b.  The date of the 31 Oct 97 entry be changed to 24 Mar 97.

    c.  The 1 Nov 95 entry be deleted and replaced  with  “1  May  95,
Chief, Launch Programs Strategic Planning.”

3.  His corrected record  receive  SSB  consideration  for  the  CY01B
board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

AFPC confirmed that his latest OPR (closing 26 Oct 01) was not in  his
record when the selection board convened. His OSB does not reflect the
content of his record.  He provides documentation showing his attempts
to correct two of the biggest problems in his records well before  the
board convened.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the period in question, the applicant was a major  assigned  as
an air attaché to the AF Element, Defense Intelligence Agency/Attachés
(ELM), Kazakhstan, Washington DC.

The applicant was considered but not selected  for  promotion  to  the
grade of lieutenant  colonel  by  the  CY01B  selection  board,  which
convened on 5 Nov 01. The top report considered by that board  covered
the period 24 Mar 99 through 26 Oct 00, and had the same duty title as
the OPR closing 26 Oct 01.  The rater signed the 26 Oct 01 OPR  on  31
Oct 01, and the additional rater and reviewer signed the report on  12
Nov 01,  after  the  selection  board  had  convened.   The  Promotion
Recommendation  Form  (PRF)  for  that  board  reflected  an   overall
recommendation of “Promote.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPASA concurred with the requested assignment history  changes
and advised that the duty title/date  corrections  were  completed  in
MILPDS on 26 Mar 02.

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

HQ AFPC/DPPPO concurs with  the  assignment  history  corrections  but
recommends against including the 26 Oct 01 OPR.  The additional  rater
and reviewer did not sign the OPR  until  after  the  selection  board
convened, and the report was not required to be on file until  26  Dec
01.  With supporting documentation from  either  his  evaluator(s)  or
someone in the administrative process to explain the delay in  signing
and filing the OPR, they might justify  approving  SSB  consideration.
Therefore, they recommend SSB  consideration  with  the  duty  history
corrections, but not to include the OPR.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 14 Jun 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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  to  warrant  partial  relief.
Normally the Board would not recommend approving  a  request  for  SSB
consideration for minor administrative  errors  from  five  and  seven
years ago.  However, the applicant appears to have made a particularly
diligent effort before the CY01B board convened to have the duty title
for the 28 Jun 00 entry changed from “Student” to “Air  Attaché.”  The
Board  majority  agrees  with  the  Air  Force  that  this  entry   is
significant  enough  to  warrant  SSB  consideration.  The  Air  Force
confirmed the erroneous entries were administratively updated  in  the
personnel database after the selection board. Since the Board majority
recommends SSB consideration based on the 28 Jun 00 entry, we  see  no
reason not  amend  the  contested  1995  and  1997  entries  as  well.
Therefore, the majority of the Board recommends the applicant’s OSB be
corrected as indicated below and he be afforded SSB consideration  for
the CY01B board.

4.    With regard to the applicant’s request to have the 26 Oct 01 OPR
included for the CY01B board’s  consideration,  we  unanimously  agree
with the Air Force’s  rationale  and  recommendation.  The  additional
rater and reviewer did not sign the report until seven days after  the
selection board convened. The governing directive did not require  the
OPR to be on file  until  26  Dec  01.   Further,  the  applicant  has
provided no supporting documentation from  either  his  evaluators  or
someone in the administrative process stating their intent to have the
report reviewed by the CY01B board or explaining the delay in  signing
and filing the OPR. Since the applicant has not substantiated an error
or injustice in this regard, we conclude this portion  of  his  appeal
should be denied.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the Assignment
History Section of the Officer Selection Brief (OSB) prepared for the
Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board
was amended to reflect the following changes:

            a.  The duty title for the 28 June 2000 entry was “Air
Attaché” vice “Student.”

            b.  The 31 October 1997 entry date should reflect 24 March
1997.

            c.  Delete the 1 November 1995 entry and replace it with
“1 May 1995, Chief, Launch Programs Strategic Planning.”

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by a Special Selection Board for the CY01B
Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 September 2002 under the provisions of AFI  36-
2603:

                             Mr. John L. Robuck, Panel Chair
                             Mr. Billy C. Baxter Member
                             Ms. Kathleen F. Graham, Member

The Board majority voted to correct the records, as  recommended.  Mr.
Baxter voted to deny the appeal in its entirety and  has  submitted  a
Minority Report at  Exhibit  F.  The  following  documentary  evidence
relating to AFBCMR Docket Number 02-00936 was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASA, dated 26 Mar 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 10 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Jun 02.
   Exhibit F.  Minority Report.




                                   JOHN L. ROBUCK
                                   Panel Chair




AFBCMR 02-00936




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       , be corrected to show that the Assignment
History section of the Officer Selection Brief (OSB) for the Calendar
Year 2001B (CY01B) Lieutenant Colonel Central Selection Board was
amended as follows:

                   a.  The duty title for the 28 June 2000 entry was
“Air Attaché” vice “Student.”

                   b.  The 31 October 1997 entry date should reflect
24 March 1997.

                   c.  Delete the 1 November 1995 entry and replace it
with “1 May 1995, Chief, Launch Programs Strategic Planning.”

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
CY01B Board.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency
AFBCMR 02-00936

MEMORANDUM FOR THE EXECUTIVE DIRECTOR OF THE AIR FORCE BOARD FOR
                                       CORRECTION OF MILITARY  RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Application of

      In Executive Session,  we  unanimously  denied  the  applicant’s
request to be considered by Special  Selection  Board  (SSB)  for  the
Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board
with the 26 October 2001 Officer Performance Report  in  his  records.
However, my colleagues agreed with the Air Force’s  recommendation  to
amend  the  Assignment  History  in  the  applicant’s  CY01B   Officer
Selection Brief (OSB) and grant SSB consideration on that  basis.  The
contested Assignment History entries were administratively updated  by
the Air Force after the selection board convened.

      I concede that having  the  28  June  2000  entry  reflect  “Air
Attaché” rather than “Student” is a significant change.  However, I am
not persuaded that the applicant diligently monitored the accuracy  of
his records.  He was assigned as an Air  Attaché  in  June  2000;  the
selection board convened over a year later on  5  November  2001.  His
emails reflect he did not express concern that his records  “were  out
of date” until August 2001. He really doesn’t appear to  have  made  a
“big push” to fix the 28 June 2000 entry until October 2001, one month
before the board convened.  The two other contested assignment entries
go back as far as 1995 and 1997.  The applicant provides  no  evidence
that he made any timely effort to rectify these  five-  and-seven-year
old errors.

      Too often today  personal  responsibility  is  laid  on  someone
else’s doorstep. I believe this  Board  exists  to  make  whole  those
individuals suffering an error or an injustice  through  no  fault  of
their own.  This applicant appears to have a  pattern  of  not  taking
preemptive action regarding the inaccuracies in his  military  record.
He should be held accountable for not exercising reasonable  diligence
in removing discoverable errors rather than being given  another  shot
at promotion.  I therefore recommend that the appeal be denied in  its
entirety.




                                  BILLY C. BAXTER
                                  Member