RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01992
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Selection Record (OSR) be  corrected  to  include  the
citation for award of the Defense Meritorious Service Medal, First Oak
Leaf Cluster (DMSM, 1OLC).

2.  He be considered for promotion to the grade of colonel by  Special
Selection Board (SSB) for the  Calendar  Year  2001B  Central  Colonel
Selection Board, due to a missing decoration citation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OSR that met the P0601  Colonel’s  Board  was  missing  a  Defense
Meritorious Service Medal – 1OLC awarded in CY99 by the  Joint  Strike
Fighter (JSF) Systems  Program  Office.   He  believes  this  material
administrative error negatively impacted his selection  for  promotion
in that it incorrectly reflected his concern about the accuracy of his
record.  He believes he exercised reasonable diligence to  ensure  his
record was accurate.  In February-March 2000, the JSF  program  office
informed him that the DMS was approved.  He called AFPC from  Air  War
College to confirm that this award was in his official records.   AFPC
confirmed that the JSF DMS was in his  official  file.   Additionally,
the officer preselection brief forwarded  on  11  September  2001  for
eligible officers to review the contents  of  their  record  indicated
that the ’99 DMS was in his records.  In  September  2001,  he  called
AFPC to make other minor, necessary corrections to his record but  saw
no requirement to inquire about  awards  and  decorations.   Since  he
received  no  additional  decorations  after  1999,  he   thought   it
unreasonable to request documents that he personally possessed and had
been informed were in his  official  file  already.   However,  he  is
convinced this material administrative  error  significantly  impacted
his promotion opportunity.  The feedback comparison sheet provided  by
Col N--- L--- indicates that his record was extremely competitive.  In
fact, of the seven (7) categories assessed, he was  at  or  above  the
average in 5 of 7 categories.  He has been  selected  for  in-resident
PME at every level by AF central boards which indicates that he was at
the very top of his peer group.  He performed at a superior  level  in
DOD’s   top   priority,    major    acquisition,    selectively-manned
organizations (F-22 and JSF).  This  again,  indicates  his  favorable
standing  within  his  peer  group.   Since  he  realizes   that   the
competition for promotion at the colonel  level  is  extremely  stiff,
incomplete documentation, especially for the most  recent  decoration,
could only have a negative impact on board members.  He believes  that
he exercised reasonable diligence in ensuring that all elements of his
official  file  were  accurate.   However,  an  administrative  glitch
somewhere in the process disallowed a just assessment of his 21  years
of performance.  He requests positive consideration in correcting this
error in his OSR  and  approval  for  consideration  in  the  upcoming
special selection board.

In support of the appeal, applicant submits  a  copy  of  the  Officer
Preselection Brief, a copy of the Board Discrepancy Report and a  copy
of the Comparison of 10 “Low Select” Records to Member’s Record.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

Applicant was considered and not selected for promotion to  the  grade
of colonel by the CY01B Central Colonel Selection Board.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  2001
reflect “meets standards” on all performance factors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO states that although the citation was not in the  OSR  when
the board convened,  the  board  members  knew  of  its  existence  as
evidenced by the entry on his  officer  selection  brief  (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 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 report for the period
1 March 1998 to 28 February 1999.   Finally,  the  discrepancy  letter
filed on top of the OSR would have indicated to  the  promotion  board
there was a citation missing and the level of  the  decoration.   They
are not convinced the missing citation contributed to the  applicant’s
promotion  nonselection.   Therefore,   they   recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed  the  Air  Force  evaluation  and  states  that  he
respectfully disagrees with the advisory opinion  and  asks  that  the
Board’s decision support his position.  He states first, board members
had no opportunity to review comments on his  citation  even  if  they
were so inclined since the citation was not included.   While  he  has
not personally been  on  an  official  promotion  board,  the  mock-up
sessions that he experienced in both residences Air Command and  Staff
College  and  Air  War  College,  he  scanned  citations  since   they
highlighted candidates’ most significant achievements  more  concisely
than the compilation of OPRs.  He is confident that some board members
used this same approach.  Second, since the level of the decoration is
reflected in all complete OSBs, according  to  the  advisory  opinion,
including copies of citations in the OSR adds no value.   But,  he  is
convinced that this long-standing tradition of including copies of the
citation in the OSR serves several purposes.  First, it affords  board
members a concise highlight of significant  accomplishments.   Second,
it  immediately  associates  those  accomplishments  with  a  specific
program or unit.  He  believes  a  citation  highlighting  significant
contributions to the Joint Strike  Fighter,  the  DOD’s  largest  ever
acquisition program providing far reaching  combat  capabilities  both
nationally and internationally, has an immediate, positive  impact  on
board members.  Third, it shows level  of  decoration  and  number  of
times earned.

In reference to the statement, “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,”  he  states  that  this
statement is actually inaccurate.  Because a very significant citation
was missing, the selection board did not  have  his  entire  OSR.   He
states, clearly  this  is  a  material  administrative  error  and  in
accordance with AFI 36-2501, Chapter 6, meets condition  for  granting
him the opportunity of a special selection board.

He believes that an incomplete OSR may have negatively  impacted  some
of the board member’s  perceptions  of  his  seriousness  about  being
promoted.  While he believes  he  exercised  reasonable  diligence  in
ensuring that all elements of  his  official  file  were  accurate,  a
missing citation may have conveyed  to  some  board  members  that  he
lacked true concern.  He states, because competition at this level  is
extremely close, this misperception may  have  resulted  in  his  non-
selection.  He requests  positive  consideration  in  correcting  this
error and approval to meet the upcoming special selection board.

Applicant's complete response, with attachment, 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 error or injustice.  The Air Force  states  that  his
official selection brief revealed that he was awarded the DMSM,  1OLC;
therefore, the board members were aware of the award.   We  also  note
that the central boards evaluate the entire officer record and  it  is
highly unlikely the  missing  DMSM,  1OLC  citation  from  applicant's
Officer Selection Record (OSR) was  the  cause  of  his  nonselection.
After reviewing the evidence of record, we are in agreement  with  the
comments of the Air Force.  In view of the above, we are compelled  to
conclude that the missing DMSM, 1OLC  citation  from  his  OSR  was  a
harmless error.  Therefore, we find no basis upon which  to  recommend
favorable action on 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  this  application  in
Executive Session on 5 November 2002, under the provisions of AFI  36-
2603:

                       Mr. Joseph G. Diamond, Panel Chair
                       Ms. Kathleen F. Graham, Member
                       Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Jun 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 29 Aug 02.
      Exhibit D. Letter, AFBCMR, dated 13 Sep 02.
      Exhibit E. Applicant’s Response, dated 20 Sep 02, w/atch.




                             JOSEPH G. DIAMOND
                             Panel Chair


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

FROM: SAF/MR

SUBJECT:    AFBCMR Case on

      I have carefully considered all the circumstances of this case and do
not agree with the AFBCMR panel that the applicant’s request to be
considered for promotion to the grade of colonel by Special Selection Board
(SSB), with the citation for the Defense Meritorious Service Medal, First
Oak Leaf Cluster (DMSM (1OLC)), in his selection folder, should be denied. 

      Applicant was nonselected for promotion to the grade of colonel by the
Calendar Year (CY) 2001B Central Colonel Selection Board that convened on 3
December 2001.  After his nonselection for promotion, it was discovered
that the citation for the DMSM (1OLC) was missing from his selection
folder.  In his application to the AFBCMR, the applicant contends that this
material administrative error negatively impacted his selection for
promotion in that it incorrectly reflected his concern about the accuracy
of his record.  The Office of Primary Responsibility (OPR) concedes the
citation was missing.  However, it notes that the selection board had the
applicant’s entire record at its disposal, including the Officer Selection
Brief (OSB) reflecting the DMSM (1OLC).  In fact, the accomplishments
mentioned on the DMSM (1OLC) citation are also reflected on the applicant’s
Officer Performance Report (OPR).  Finally, the discrepancy letter filed on
top of his selection folder would have indicated to the promotion board
there was a citation missing and the level of the decoration.  Thus, the
OPR is not convinced that the missing citation contributed to the
applicant’s promotion nonselection.  The AFBCMR panel agrees with the OPR
and concludes that the missing citation was a harmless error.  As indicated
earlier, I disagree.

      We have no way of determining the true impact of the missing citation
on the applicant’s chance of selection for promotion to the grade of
colonel.  We do know, however, that the missing citation deprived the
applicant of his right to have his record fairly and accurately portray his
performance of duty before the CY01B Central Colonel Selection Board.
Since the applicant acted with due diligence to ensure his records were
current and up-to-date and given the competitiveness of promotion to
colonel, the benefit of any doubt should be resolved in his favor by
providing him reconsideration for promotion by an SSB with an accurate
record.  Accordingly, it is my decision that the applicant’s request be
approved.

                                       MICHAEL L. DOMINGUEZ
                                       Assistant Secretary
                                       (Manpower and Reserve Affairs)








AFBCMR 02-00904
INDEX CODE:  110.00




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 citation for the
Defense Meritorious Service Medal, First Oak Leaf Cluster (DMSM,
1OLC), covering the period March 1998 through July 1999 was accepted
for file in his Officer Selection Record on or before 3 December
2001..

      It is further directed that he be considered for promotion to
the grade of colonel by Special Selection Board (SSB) for the Calendar
Year 2001B Central Colonel Selection Board, with the corrected record.





            JOE G. LINEBERGER
            Director

            Air Force Review Boards Agency





                          SAF/MR STAFF ACTION SHEET

|SUBJECT: PACKAGE: AFBCMR Case of          |EXTERNAL CONTROL #:                 |
|                                          |SAF/MR #:                           |
|                                          |SAF/MR DUE DATE:                    |
|ROUTING SEQUENCE                                  |ACTION REQUIRED             |
|     |ASAF               |    |MA                 |       |Signature           |
|     |PD                 |    |XO                 |       |Review/Coordinate   |
|     |MRM                |    |Copy To:           |       |For Information     |
|     |                   |    |                   |       |Only.               |
|     |MRE                |    |MRB Atty           |       |Other:______________|
|     |                   |    |                   |       |____________________|
|     |MRR                |    |                   |       |                    |
|     |MRB                |    |                   |       |                    |


BACKGROUND SUMMARY:
Applicant was nonselected for promotion to the grade of colonel by the
Calendar Year 2001B (CY01B) Colonel Selection Board.  When his record was
considered by the CY01B selection board, the citation accompanying the
award of the Defense Meritorious Service Medal (DMSM) was missing.  The
applicant contends that this material administrative error negatively
impacted his selection for promotion in that it incorrectly reflected his
concern about the accuracy of his record.

                                 (continued)

Purpose:  Obtain overturn of an AFBCMR recommendation.

View of DAS:  Given the competitiveness for promotion to colonel and the
fact that the applicant exercised reasonable diligence to ensure his record
was complete, the DAS believes the benefit of any doubt should be resolved
in the applicant’s favor.

Recommendation:  ASAF sign the proposed memorandum.


Action Officer/Office:  Mr. Burton/AFBCMR/DSN 857-5380

Date of preparation:         DAS
Signature/Date:_____________________________
-----------------------------------------------------------------
-----------



The Office of Primary Responsibility (OPR) concedes the citation was
missing.  However, it notes that the selection board had the applicant’s
entire record at its disposal, including the Officer Selection Brief (OSB)
reflecting the DMSM (1OLC).  In fact, the accomplishments mentioned on the
DMSM (1OLC) citation are also reflected on the applicant’s Officer
Performance Report (OPR).  Finally, the discrepancy letter filed on top of
his selection folder would have indicated to the promotion board there was
a citation missing and the level of the decoration.  Thus, the OPR is not
convinced that the missing citation contributed to the applicant’s
promotion nonselection.  The AFBCMR panel agrees with the OPR and concludes
that the missing citation was a harmless error.



Attachment:
Proposed Memorandum