RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01622
            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) be corrected to reflect  his  status
and assignment as a USAFR IMA on Voluntary Recall to  Extended  Active
Duty; correct his  Assignment  History  Duty  Title  and  his  Reserve
Participation Point Summary/History.

He be considered for promotion to major by a Special  Selection  Board
(SSB) for the FY03 Air Force Reserve Line and Health Professions Major
Selection Board (11 Feb 02), with the corrected OSB  and  his  Officer
Performance Report (OPR), closing 13 Feb 02, as part of his  Promotion
Selection Folder.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  participation  points,  assignment  duty  history   and   current
assignment were incorrect when his record met the selection board.  In
addition, he did not have a  current  OPR  in  his  Officer  Selection
Folder.

In support of his request, applicant submits a personal statement  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 Date Initially Entered Military  Service  as  10  Aug  72.
Applicant’s service history reveals:  Five  (5)  years  of  continuous
satisfactory Federal service (10 Aug 72 - 9 Aug 77); break in  service
(10 Aug 78 - 30 Apr 79); seven (7) years  of  continuous  satisfactory
Federal service (1 May 79 - 30 Apr 86); break in service (2 Aug  86  -
28 Dec  86);  Nonobligated  Nonparticipating  Ready  Reserve   Section
(NNRPS) (29 Dec 86 - 29 Dec 88); Inactive Status List Reserve  Section
(ISLRS) (30 Dec 88 - 17 Sep 92); Honorary  Retiree,  not  entitled  to
retirement pay (18 Sep 92 - 13 Feb 00).

On 14 Feb 00, the  applicant  was  relieved  from  his  status  as  an
Honorary Retiree and was assigned to the ----, Denver,  CO,  with  the
duty title of Area Office Coordinator.  On 1 Jun 01, the applicant was
voluntarily ordered to Extended Active Duty  (EAD)  for  a  period  of
three years in the grade of captain.   Effective  4  Jun  01,  he  was
assigned to the Air Education and Training Command  (AETCM),  Randolph
AFB, TX, where he held the duty title of ----,  AETMS/---.   Effective
20 Jun 02, the applicant was assigned the duty title of -----, AETCM.

The applicant’s date of rank to captain (USAFR) is 22 Jun 96, with  an
effective date of rank of 1 Jun 01.  He has a total  of  14  years,  3
months and 1 day of satisfactory Federal service.

The following is a resume of his  OER/OPR  ratings  in  the  grade  of
captain (USAFR).

            Period Ending    Evaluation

               3 May 85      1-1-1
               3 May 86      1-1-1
            4 May 86-13 Feb 00    No Reports
            # 13 Feb 01      Meets Standards - Return to active duty
              13 Feb 02      Meets Standards

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to major by the  CY03  Line  and  Health  Professions  Major
Selection Board, which convened on 11 Feb 02.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB, recommends the application be denied.   DPB  stated  that
the applicant's officer selection brief (OSB) that met  the  selection
board displayed the appropriate information for an  officer  currently
on a limited recall to active duty (LEAD)  tour.   All  LEAD  officers
display the current PAS of assignment (which is active duty), the file
from which the data is obtained (“BA” meaning active duty officer), an
identifier showing “AGR” (also indicating full-time active duty),  and
239 active duty training points in  the  current  retirement/retention
(R/R) year (“PT SINCE: 13 Feb 01” at the bottom of the OSB).  The  239
active  duty  points  represented  more  active  duty  time  than  the
applicant actually spent on the LEAD tour.   There  were  12  inactive
duty-training points (IDT) not displayed in  the  "PTS  SINCE…"  line.
The applicant's Assignment History Duty  Title  did  not  reflect  his
current duty title.  This is a  function  of  the  military  personnel
flight (MPF) where he is currently assigned.  The missing current Duty
Title did not have as large a bearing on the applicant’s  nonselection
compared to 6 (out of 8 possible) line  entries  on  his  OSB  showing
nonparticipation or unsatisfactory participation.  The  OPR  submitted
by the applicant closed 13 Feb 02 (after the board convened)  and  was
finally signed and certified  6  Mar  02,  23  days  after  the  board
adjourned.  A complete copy of this evaluation is appended at  Exhibit
C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and  indicated  there  are
factual errors in the evaluation.  His active duty points should  have
been 256, not 239, on the Officer Selection Brief (OSB).  Updating the
12 Inactive Duty Training (IDT) points is an ARPC responsibility.  The
points were in the ARPC system, but were lost in the  MilMOD  upgrade.
The lack of points on the Officer Preselection  Brief  (OPB)  was  not
known until he received his first copy of the OPB - 10  business  days
before the board met.  Also, the lack of a duty title was pointed  out
to the local MPF, who replied that none was required.  There is little
doubt that his OPR would have been closed out 2 days early to  get  it
into the promotion folder had timely notification for the  board  been
properly given. The printout date on the OPB (received on  25 Jan  02)
is 14 Dec 01, a month past the  required  closeout  date  for  an  OPR
meeting the board.  Thus, no opportunity was  provided  to  close  the
report out early and get it in the  selection  folder.   He  does  not
believe the office of the board secretariat is entitled  to  determine
what may or may not have  influenced  the  board  members.   If  their
opinion is valid, perhaps current duty assignments  should  have  been
eliminated from all other OSBs.  Since  this  was  not  the  case,  he
maintains that having a  current  duty  assignment  on  the  OSB  adds
important information for the promotion board  to  consider.   If  his
assignment history had been  corrected  per  his  recommendation,  two
additional active duty assignments would have been listed on the  OSB.
He requests that he be provided the opportunity to  have  an  accurate
OSB reviewed along with a current OPR by an SSB.  A complete  copy  of
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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or  injustice.   After  reviewing  the  applicant’s
submission and the evidence of record, which include his OPRs, we  are
persuaded that relief is warranted.  We noted that, as a result of the
applicant’s  break-in-service,  his  personnel  records  had   to   be
reconstructed and that, due to circumstances beyond his control, there
were numerous problems associated with having his  military  personnel
records accurately  updated.   Consequently,  this  series  of  events
resulted in an inaccurate record;  an  untimely  notification  of  his
eligibility to meet  the  FY03  Air  Force  Reserve  Line  and  Health
Profession Major Promotion Selection Board; and, the untimely delivery
of his Officer Preselection Brief (OPB).  In our opinion, the untimely
notification hampered the applicant’s  opportunities  to  correct  the
errors in his record and to have the Officer Performance Report  (OPR)
in question closed out early for inclusion in  his  Officer  Selection
Record (OSR) for  review  by  the  cited  selection  board.   In  this
respect,  we  noted  that  HQ  ARPC/DPB   (Exhibit   C)   acknowledged
discrepancies on the applicant’s OSB;  specifically,  the  applicant’s
current duty title and inactive duty training points (IDT)  not  being
reflected.  As  to  the  active  duty  (AD)  training  points  on  the
contested OSB, the applicant is alleging that he should  have  256  AD
training points rather than the 239 reflected.  In accordance with the
applicant’s Service History for retirement and  retention  (R/R)  year
13 Feb 02, he was credited with 258 AD points.  In our  opinion,  this
gives credence  to  the  applicant’s  contention  that  he  should  be
credited with 256 AD  points.   Therefore,  in  order  to  offset  the
possibility of an injustice, we believe any doubt should  be  resolved
in the applicant’s favor by correcting the AD points on the  contested
OSB.  In addition, after reviewing the applicant’s OPRs, we noted that
the assignment history  section  of  the  contested  OSB  contains  an
erroneous Duty Air Force Specialty Code  (DAFSC)  of  3021,  with  the
effective date of  12 Jan  83.   Notwithstanding  the  above,  we  are
unpersuaded by the evidence presented that the  applicant’s  personnel
data section of the OSB is inaccurate.  While we cannot determine what
impact the errors and omissions would have had on the outcome  of  the
cited selection  board,  we  are  persuaded  that  they  deprived  the
applicant of full and fair consideration.  In view  of  the  foregoing
and in an effort to remove any possibility  of  an  injustice  to  the
applicant, we recommend that he be considered  for  promotion  to  the
grade of major by a Special Selection Board (SSB)  for  the  FY03  Air
Force Reserve Line and Health  Profession  Major  Promotion  Selection
Board, with his corrected Officer Selection Brief  (OSB)  and  OPR  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 Officer Selection Brief, prepared for the FY03 Air Force
Reserve Line and Health Professions Major Selection Board, be  amended
as follows:

            (1)  Assignment History Section:  Effective 4  June  2001,
he was assigned duties as the “----, AETMS/----,  with  the  DAFSC  of
33S4”; and, effective 12 January 1983, his  DAFSC  was  “3024”  rather
than “3021.”

              (2)  Participation   Summary/History    Section:     The
13 February 2001 PTS SINCE entry should reflect that  he  completed  a
total of “256” active duty (AD) training points rather than “239”  and
that he had “12” inactive duty training (IDT) points.

      b.  The Company Grade Officer Performance Report, AF Form  707B,
rendered for the period 2 June  2001  through  13  February  2002,  be
amended to change Section I, Block 5 (Period of Report) to  reflect  2
June 2001 through 13 November 2001 rather than 2 June 2001 through  13
February 2002; Block 6 (Number of Days  Supervision)  to  reflect  272
rather than 255; Block 7 (Reason for Report) to reflect DBH  [Directed
by HAF] rather than Annual; Section  VI  (Rater’s  Overall  Assessment
Date) to reflect 14 November 2001 rather than 4  March  2002;  Section
VII  (Additional  Rater’s  Overall   Assessment   Date)   to   reflect
14 November  2001  rather  than  4  March  2002;  and,  Section   VIII
(Reviewer’s Date) to reflect 15 November  2001  rather  than  6  March
2002.

It is further recommended that his records, to include  the  corrected
Officer Selection Brief and his Officer Performance Report closing  13
November 2001, be considered for promotion to the grade of major by  a
Special Selection Board (SSB) for the FY03 Air Force Reserve Line  and
Health Professions Major Selection Board.
_________________________________________________________________

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

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. James W. Russell III, Member
              Ms. Carolyn B. Willis, Member

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

   Exhibit A.  DD Form 149, dated 13 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 3 Jun 02.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 02.
   Exhibit E.  Letter from Applicant, dated 18 Jun 92, w/atchs.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair


AFBCMR 02-01622




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 Officer Selection Brief, prepared for the FY03 Air Force
Reserve Line and Health Professions Major Selection Board, be amended
as follows:

                 (1)  Assignment History Section:  Effective 4 June
2001, he was assigned duties as the “----, AETMS/----, with the DAFSC
of 33S4”; and, effective 12 January 1983, his DAFSC was “3024” rather
than “3021.”

                 (2)  Participation Summary/History Section:  The
13 February 2001 PTS SINCE entry should reflect that he completed a
total of “256” active duty (AD) training points rather than “239” and
that he had “12” inactive duty training (IDT) points.

      b.  The Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 2 June 2001 through 13 February 2002, be
amended to change Section I, Block 5 (Period of Report) to reflect 2
June 2001 through 13 November 2001 rather than 2 June 2001 through 13
February 2002; Block 6 (Number of Days Supervision) to reflect 272
rather than 255; Block 7 (Reason for Report) to reflect DBH [Directed
by HAF] rather than Annual; Section VI (Rater’s Overall Assessment
Date) to reflect 14 November 2001 rather than 4 March 2002; Section
VII (Additional Rater’s Overall Assessment Date) to reflect
14 November 2001 rather than 4 March 2002; and, Section VIII
(Reviewer’s Date) to reflect 15 November 2001 rather than 6 March
2002.

      It is further directed that his records, to include the
corrected Officer Selection Brief and his Officer Performance Report
closing 13 November 2001, be considered for promotion to the grade of
major by a Special Selection Board (SSB) for the FY03 Air Force
Reserve Line and Health Professions Major Selection Board.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency