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AF | BCMR | CY2002 | 0201404
Original file (0201404.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01404
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR)  for  the  Calendar  Year  2001B  (CY01B)
Lieutenant Colonel Selection Board be corrected to include the citation  for
the Defense  Meritorious  Service  Medal  (DMSM),  First  Oak  Leaf  Cluster
(1OLC), for the period 15 March 1998 through 6  October  2000  and  that  he
receive Special Selection Board (SSB) consideration  for  promotion  to  the
grade of lieutenant colonel for the CY01B Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The citation for his DMSM, 1OLC, was not in his OSR when it  met  the  CY01B
lieutenant colonel board.  He believes the board  members  did  not  have  a
complete and  accurate  picture  of  his  performance  due  to  the  missing
citation  and  thus  could  not  create  a  complete  picture  of  his  real
potential.  The lack of this citation was a  detractor  and  contributed  to
his non-select for promotion.

In support of his appeal,  the  applicant  provided  a  personal  statement,
Officer Pre-selection Brief, dated 1 August  2001  and  24  September  2001,
Officer Selection Brief, prepared for the CY01B  Lieutenant  Colonel  Board,
dated 23 October 2001, and other documentation.

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

_________________________________________________________________









STATEMENT OF FACTS:

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

The citation accompanying the Defense Meritorious Service Medal  (DMSM)  for
the period 15 March 1998 through  6  October  2000  was  not  filed  in  the
applicant’s OSR before the CY01B board.

The Officer Selection Brief (OSB) prepared for  the  CY01B  Selection  Board
reflected award of the DMSM 1OLC.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel  by  the  CY01B  (5  November  2001)  Lieutenant  Colonel
Central Selection Board.

OPR profile since 1994, follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                  15 Dec 01              Meets Standards (MS)
                  15 Dec 00                              (MS)
                  15 Dec 99             (MS)
                  15 Dec 98             (MS)
                  15 Dec 97             (MS)
                  15 Dec 96             (MS)
                  15 Dec 95             (MS)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated that the  applicant  contends
the citation for the DMSM, 1OLC was missing from his  OSR.   He  included  a
copy of the citation, but it erroneously reflected Second Oak  Leaf  Cluster
(2OLC) versus 1OLC.  They contacted  the  appropriate  award  authority  and
were able to obtain a corrected citation reflecting the 1OLC.   Even  though
the citation was not on file in the OSR when the board convened,  the  board
members knew of its existence as evidenced by the entry  on  his  OSB.   The
purpose of having a citation included in the record is not  to  allow  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.  The military personnel data system  (MILPDS),  and
consequently the officer selection brief (OSB), did reflect that a total  of
two DMSMs (also  referred  to  as  DMSM,  1OLC)  had  been  awarded  to  the
applicant.

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  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 DMSM, 1OLC, during promotion  consideration.   In  fact,  the
accomplishments mentioned on the DMSM, 1OLC citation are also  reflected  on
the applicant’s  officer  performance  reports  (OPRs).   Additionally,  the
discrepancy letter filed on top of the  OSR  would  have  indicated  to  the
promotion board a citation was missing and the level of the decoration.   As
such, they are not convinced the  absence  of  the  citation  from  the  OSR
caused his nonselection for promotion.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that  AFPC/DPPPO  failed
to mention or acknowledge the negative impact of the Discrepancy  Report  in
his OSR, especially when his record was compared to  his  peers.   According
to his official non-selection debriefing from  AFPC  conducted  on  3  April
2002, the lack of the citation was a detractor.  According to an  out  brief
by a member of the promotion board P0501B, “…poor records  stood  out…”   In
other words, records with  errors  or  mistakes  stood  out  in  a  negative
direction.  He believes the presence of a Discrepancy  Report  coupled  with
the lack of his citation is  his  OSR  were  detractors  that  combined  and
contributed to his non-select for promotion to lieutenant colonel.

Applicant’s response, with attachments, 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.    Insufficient relevant evidence has been presented to demonstrate  the
existence of an error or an injustice warranting  his  OSR  for  the  CY01B
Lieutenant Colonel Selection Board be corrected to include the citation for
the DMSM, 1OLC, and that he receive SSB consideration for promotion to  the
grade of lieutenant colonel.  We took notice of  the  applicant's  complete
submission in judging the merits of the case; however, we  agree  with  the
opinion and recommendation of the Air Force and adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the victim  of
an error or injustice.  Although the  citation  was  not  included  in  the
applicant’s OSR for the board’s review, the selection  board  reviewed  his
entire officer selection record, including the  OSB  reflecting  the  DMSM,
1OLC and the OPRs which reflect the accomplishments mentioned on the  DMSM,
1OLC citation.  In view of these findings, the Board  is  not  sufficiently
persuaded that the lack of the contested citation in his  OSR,  in  and  of
itself, caused his record to  be  so  inaccurate  or  misleading  that  the
selection board was unable to make a  reasonable  decision  concerning  his
promotability in relation to his  peers.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in this application.

4.    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 applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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 AFBCMR Docket Number  02-01404
in Executive Session on 28 August 2002, under  the  provisions  of  AFI  36-
2603:

                  Mr. Roscoe Hinton, Jr., Panel Chair
                  Mr. Frederick R. Beaman III, Member
                  Ms. Cheryl Dare, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 April 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 28 June 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 9 July 2002.
   Exhibit E.  Letter, Applicant, undated, w/atchs.




                                ROSCOE HINTON, JR.
                                Panel Chair

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