RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02883
            INDEX CODE:  111.01, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

The Professional  Military  Education  (PME)  recommendations  on  his
Officer Performance Reports (OPRs), closing 19 Mar 94 and 25  Nov  94,
be changed from Intermediate Service School (ISS)  to  Senior  Service
School (SSS).

By amendment at Exhibit I, the applicant requests that  the  promotion
recommendation on his Promotion Recommendation  Form  (PRF),  prepared
for consideration by the CY98B  (P0598B)  Central  Lieutenant  Colonel
Selection Board, be changed from “Promote” to “Definite Promote.”

He be considered for promotion to  lieutenant  colonel  by  a  Special
Selection Board (SSB) for the CY98B (1 Jun 98),  CY99A  (19  Apr  99),
CY99B (30 Nov 99) and the CY00A (28 Nov 00) Central Lieutenant Colonel
Selection Boards, with inclusion of a Meritorious Service Medal  (MSM)
in his Officer Selection Record (OSR) and  on  his  Officer  Selection
Brief (OSB); and, with the corrected OPRs and PRF.

At the time the applicant  submitted  his  application,  he  requested
awarded of the MSM for his assignment at Norton AFB,  CA,  during  the
period 26 Mar 84 to 31 Jul 90.  He has subsequently been  awarded  the
MSM; therefore, no Board action is required on this issue.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested reports contained  incorrect  statements  which  detract
from the overall OPRs.  Specifically, the contested  OPRs  reflect  an
inappropriate level of PME recommendations.

The inaccurate statements on the contested OPRs, the missing  MSM  and
the illegal mini-boards conducted prior to his Major Boards add up  to
significant  injustices/inconsistencies  throughout  his   Air   Force
career.

In support of his request, applicant  submits  a  personal  statement,
copies  of  the  MSM  recommendation  request  and  justification  and
additional  documents  associated  with  the  issues  cited   in   his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD)  as  5
Aug 82.  He is currently serving on active duty in the grade of major,
with an effective date and date of rank  of  1  Oct  94.   He  has  an
established date of  separation  (DOS)  of  30  Apr  03.   Applicant's
profile for the last 8 reporting periods follows:

            Period Ending    Evaluation

            *    19 Mar 94   Meets Standards (MS) - Captain
            *    25 Nov 94        MS              - Major
                 25 Nov 95           MS
                 25 Nov 96            MS
                 25 Nov 97        MS
            #    21 Jan 98   Education/Training Report
            ##   25 Nov 98        MS
            ###   1 Sep 99        MS
            #### 30 Aug 00        MS
            ##### 6 Aug 01        MS

*  Contested OPRs

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY98B  Central  Lieutenant
Colonel Board, which convened on 1 Jun 98.

## Top report at the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY99A  Central  Lieutenant
Colonel Board, which convened on 19 Apr 99.

### Top report at the time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY99B  Central  Lieutenant
Colonel Board, which convened on 30 Nov 99.

#### Top report at the time he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY00A  Central  Lieutenant
Colonel Board, which convened on 28 Nov 00.

##### Top report at the time he was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY01B  Central  Lieutenant
Colonel Board, which convened on 5 Nov 01.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibits C,  D
and E.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.   DPPPE  indicated
that Air Force policy is that an  evaluation  report  is  accurate  as
written when it becomes a matter of record.   The  applicant  did  not
provide evaluator support to change the PME recommendation; therefore,
they do not believe  the  change  is  warranted.   The  HQ  AFPC/DPPPE
evaluation is at Exhibit C.


HQ AFPC/DPPPO recommends the application be denied.  DPPPO stated that
they concur with the findings in the HQ AFPC/DPPPE advisory  and  have
nothing further to add.  The HQ AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and indicated that he  is
currently in the process of contacting members in  his  rating  chain,
not only for the support, but also to clarify  their  remarks  in  the
disputed OPRs.  He has aggressively pursued  the  corrections  to  his
OPRs and the missing MSM from his records  in  a  timely  manner.   He
respectfully requests  reconsideration  for  promotion  to  lieutenant
colonel by an SSB for the CY98B,  CY99A,  CY99B  and  CY00A  selection
boards.  The applicant’s complete submission is at Exhibit F.
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.   DPPPE  indicated
that HQ AFPC/DPAPE provided an email, dated 13  Jan  02,  stating  the
applicant was eligible to meet the Intermediate Service School Central
Selection Board in the Spring of 1995.  Therefore, the 19 Mar  94  and
25 Nov 94 OPRs contain the appropriate recommendations.  DPPPE  stated
that any change to  the  PME  recommendation  would  cause  it  to  be
inaccurate.  The HQ AFPC/DPPPE evaluation is at Exhibit G.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he  has
been awarded the MSM for outstanding meritorious service,  during  the
period 25 Mar 84 to 21 Jul 90, by Special Order ---, dated 26 Feb  02.
The subject of coupling ISS and SSS candidacy  with  promotion  boards
has long been a major problem.  Until 1987, PME selections  were  tied
to promotion boards;  i.e.,  resident  PME  selections  were  made  in
conjunction with promotion to major, lieutenant colonel and below-the-
promotion zone (BPZ) colonel.  In 1992, the Air  Force  “reverted”  or
“recoupled” PME recommendations to promotion  boards;  therefore,  the
two OPRs from Mar 94 and Nov 94 have “wrong” PME recommendations.  Any
ISS or the statement “send to AWC” recommendations  were  “wasted”  as
majors should have been recommended for SSS.  The senior rater for his
primary PRF provided a letter stating that, if he [senior  rater]  had
known about the missing MSM and the OPR mistakes, he [applicant] would
have received a “Definite Promote” recommendation  on  his  PRF.   The
appellant’s complete submission, with attachments, is at Exhibit I.
_________________________________________________________________

Pursuant to the Board’s request, the following  Air  Force  evaluation
was provided concerning the referenced HQ AFPC message.

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.   DPPPE  disagrees
with the applicant’s contention that when the selection  for  PME  was
“recoupled” with promotion boards,  the  “appropriate”  recommendation
for a major’s OPR  was  SSS.   DPPPE  states  that  the  “appropriate”
recommendation  is  determined  by  the  applicant’s  eligibility  for
service  school.    Evaluators   determine   the   appropriate   level
recommendation by considering the highest level in-residence  PME  the
officer has already completed along with the eligibility criteria  for
each level of in-residence PME.  Once the  member  completes  ISS  in-
residence or when he or she is no longer eligible  for  consideration,
then a Senior Service School (SSS) recommendation is appropriate.  The
applicant’s final year for ISS consideration  was  in  the  spring  of
1995; therefore, the recommendations on the 19 Mar 94 and  25  Nov  94
OPRs are correct.  DPPPE states that since  the  applicant’s  date  of
rank (DOR) to major is 1 Oct 94, HQ AFPC/DPAPE has verified  that  the
applicant was eligible to meet the following ISS boards:  Spring  1994
ISS Central Selection Board (CSB), Fall 1994 ISS CSB, and  the  Spring
1995 ISS CSB.  The HQ AFPC/DPPPE evaluation is at Exhibit J.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, on  25
Feb 02, he was awarded the missing Meritorious  Service  Medal  (MSM),
which should have been awarded back  in  1990.   With  regard  to  his
request being untimely, by law, an applicant must file a claim  within
three years  from  the  date  of  discovering  the  alleged  error  or
injustice.  His request  is  timely.   It  has  only  been  discovered
through a process of reading regulations, tracking down  official  Air
Force messages, and contacting former commanders that these injustices
have been identified or fixed in his permanent record.  He would  also
like to mention the illegal mini-selection boards that  were  held  at
Charleston AFB.  Had the illegal selection boards not taken place,  he
would have had an excellent chance of a “DP” and an  excellent  chance
of being promoted below the zone along with an  automatic  ISS  school
slot.  He has aggressively pursued the corrections to his OPRs and the
missing MSM from his records in  a  timely  manner.   He  respectively
requests promotion reconsideration to the grade of lieutenant  colonel
by an SSB for the CYs 98B, 99A, 99B and  00A  selection  boards.   The
applicant’s complete submission is at Exhibit L.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice  to  warrant  partial  relief.   After
reviewing the evidence of record, we are persuaded that the  level  of
Professional  Military  Education  (PME)  on  the  contested   Officer
Performance Report (OPR), closing 25 Nov 94, should  be  amended.   In
this respect, we note the statement from the applicant’s former senior
rater wherein he indicates that subsequent to promotion to major,  the
PME recommendation on all subsequent  OPRs  should  have  been  Senior
Service School (SSS) not Intermediate Service School (ISS).   In  view
of the senior rater’s unequivocal support concerning  this  issue  and
the fact that the aforementioned OPR reflects the applicant as serving
in the grade of major, we believe that, as an exception to policy, his
PME recommendation should be changed to reflect a  recommendation  for
SSS rather than ISS.  In addition, we noted that, since  the  citation
for award of the Meritorious Service Medal (MSM) for his 25 Mar 84  to
31 Jul 90 assignment was not a part of applicant’s  Officer  Selection
Record (OSR) when it was assessed by the selection boards in question,
equity dictates that it be included in his record when considered  for
promotion to lieutenant colonel by a Special Selection  Board.   While
it cannot be conclusively determined whether or not the absence of the
decoration and the lack of appropriate level PME were the reasons  for
applicant’s nonselection for promotion by the boards in  question,  we
do believe that their omission served  to  deprive  him  of  fair  and
equitable consideration.   Therefore,  based  on  the  senior  rater’s
statement and in the absence of a basis to question his integrity,  we
recommend the contested OPR, closing 25 Nov 94, be amended to  reflect
a  recommendation  for  SSS,  rather  than  ISS;  applicant’s  Officer
Selection Brief (OSB) be amended to  reflect  the  MSM  and  that  the
corrected  record  be  considered  for  promotion  to  the  grade   of
lieutenant colonel by Special Selection Board (SSB) for  the  Calendar
Years 1998B, 1999A and  2000A  Central  Lieutenant  Colonel  Selection
Boards.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice concerning the OPR, closing 19 Mar
94, and the P0598B Promotion Recommendation (PRF).  With regard to the
contested OPR, closing 19 Mar 94, due to the criteria established  for
the PME recommendation and the fact that the applicant was not serving
in the grade of major, we find no error in the PME  recommendation  of
ISS.  As to the contested PRF, we  are  unpersuaded  by  the  evidence
presented that the applicant’s  overall  recommendation  of  “Promote”
should be changed to “Definitely  Promote.”   Applicant’s  contentions
arguing that he was the victim of illegal mini  selection  boards  are
duly noted.  However, we noted that a supplemental review of all  PRFs
was conducted  and  that  the  original  promotion  recommendation  of
“Promote” was found to be valid.  We also noted that the senior  rater
of the contested PRF indicated that, with  the  applicant’s  requested
changes to his record, he [applicant] would  have  competed  extremely
well for a  “Definitely  Promote”  recommendation  in  the  carry-over
process.  But, we are unpersuaded by his statement,  alone,  that  the
corrections we propose would have enhanced his record to a  sufficient
degree that the outcome of the  competitive  promotion  recommendation
process would have been different.  In  view  of  the  foregoing,  and
absent sufficient evidence to  the  contrary,  we  find  no  basis  to
recommend favorable action on the applicant’s requests for a change in
the cited OPR and PRF.

_________________________________________________________________

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 Meritorious Service Medal (MSM), for the period 26 March
1984 to 31 July 1990, was accepted for file in his  Officer  Selection
Record (OSR) on or before 31 May 1998; and, that the Officer Selection
Briefs (OSB) prepared for the Calendar Years 1998B,  1999A  and  2000A
Central Lieutenant Colonel Boards be corrected to reflect the award of
the Meritorious Service Medal.

      b.  The Field Grade Officer Performance Report,  AF  Form  707A,
rendered for the period 20 March 1994 through 25  November  1994,  was
amended in  Section  VII,  Additional  Rater  Overall  Assessment,  by
deleting the PME recommendation of “ISS” and replacing it with “SSS”.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by a Special  Selection  Board  (SSB)  for
Calendar Years 1998B,  1999A  and  2000A  Central  Lieutenant  Colonel
Boards,  with  the  corrected  OPR,  OSB  and  the  citation  for  the
Meritorious Service Medal, for the period 26 March  1984  to  31  July
1990, in his record.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 December 2002, under the provisions of AFI 36-
2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Ms. Martha J. Evans, Member
              Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number 01-02883.

   Exhibit A.  DD Form 149, dated 28 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 13 Nov 01.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 21 Nov 01.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Nov 01.
   Exhibit F.  Letter from Applicant, dated 26 Dec 01.
   Exhibit G.  Letter, HQ AFPC/DPPPE, dated 28 Jan 02, w/atch.
   Exhibit H.  Letter, SAF/MRBR, dated 15 Feb 02.
   Exhibit I.  Letters from Applicant, dated 16 Apr 02, w/atchs,
               and 8 May 02.
   Exhibit J.  Letter, HQ AFPC/DPPPE, dated 4 Oct 02.
   Exhibit K.  Letter, SAF/MRBR, dated 11 Oct 02.
   Exhibit L.  Letter from Applicant, dated 3 Nov 02.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair



AFBCMR 01-02883




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 APPLICANT be corrected to show that:

      a.  The Meritorious Service Medal (MSM), for the period 26 March
1984 to 31 July 1990, was accepted for file in his Officer Selection
Record (OSR) on or before 31 May 1998; and, that the Officer Selection
Briefs (OSB) prepared for the Calendar Years 1998B, 1999A and 2000A
Central Lieutenant Colonel Boards be corrected to reflect the award of
the Meritorious Service Medal.

      b.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 20 March 1994 through 25 November 1994, was
amended in Section VII, Additional Rater Overall Assessment, by
deleting the PME recommendation of “ISS” and replacing it with “SSS”.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board (SSB) for
Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel
Boards, with the corrected OPR, OSB and the citation for the
Meritorious Service Medal, for the period 26 March 1984 to 31 July
1990, in his record.


            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency