RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  02-01266
                                                           02-02454
                                       INDEX CODE:  100.05, 131.01
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Duty Air Force Specialty Code (DAFSC) effective 20 June 1999 be  changed
from “16F4A” to “P16F4AW” on his officer selection  brief  (OSB);  his  duty
title effective 1 April 1995 be changed from CTP  Flight  Commander  to  CTP
Flight Commander, B-1 AC, T-38 IP on his OSB; and  he  be  considered  by  a
Special Selection Board (SSB) for promotion by the CY01B  Line  of  the  Air
Force (LAF) Central Lieutenant Colonel Selection Board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His DAFSC and duty title were not correct on his 4 November 2001  OSB.   His
DAFSC should have a “P” prefix to reflect his other primary duty  as  a  C12
pilot performed in conjunction with his duty as an Air  Attaché.   His  duty
title did not accurately reflect the majority of his duties for  the  period
in question.

In support of his application, he provides three applications,  including  a
copy of  his  flying  history  report,  individual  flight  records  report,
promotion recommendation (PRF), officer performance  report  (OPR)  and  his
OSB.   The  applicant’s  complete  submissions,  with  attachments,  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the  applicant  is
a rated officer who was appointed a Second Lieutenant,  Regular  Air  Force,
and was voluntarily ordered to extended active duty on 28 May 1986.  He  was
progressively promoted to the grade of Major (0-4) with a date  of  rank  of
1 February 1998 and is still currently serving on active duty.

The applicant’s records met  the  CY01B  LAF  Lieutenant  Colonel  Selection
Board P0501B on 5 November 2001.  The following  is  a  resume  of  his  OPR
ratings commencing with the report closing 30 December 1991:



      PERIOD ENDING                     OVERALL EVALUATION

      30 Dec 91                                MS
      26 May 92                                MS
       9 Mar 94                                MS
       9 Mar 95                                MS
      26 Apr 96                                MS
      15 Feb 97                                MS
       3 Apr 98                         Training Report (TR)
      20 Nov 98 (Major)                 Training Report (TR)
      20 Nov 99                                MS
      19 Nov 00                                MS
    *10 Jun 01                                 MS
      10 Jun 02                                MS

* Top report on file at the CY01B LAF Central Lt Col Selection Board,  which
convened on 5 November 2001.

The applicant’s OSB that met the board dated 5 November 2001, reflected  his
DAFSC and duty title effective 20 January 1999 was 16F4A and Air Attaché  to
Cote D’Ivoire.  The  promotion  board  did  not  select  the  applicant  for
promotion to the grade of Lieutenant Colonel.  He was  also  considered  and
not selected by the CY02B LAF Central  Lieutenant  Colonel  Selection  Board
(P0502B) that convened on 12 November 2002.

The Evaluation Reports Appeal  Board  (ERAB)  considered  and  approved  the
applicant’s request to substitute corrected copies of his OPRs  (with  DAFSC
P16F4W) closing out 20 November 1999, 19 November 2000, and 10 June 2001  as
well as his P0501B PRF in his military records.  The ERAB  did  not  approve
the applicant’s request for  his  records  to  meet  an  SSB  for  promotion
consideration.  The applicant’s MPF was notified of the above on 22  January
2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO states that, for Foreign Area Officers,  the  “A”  suffix  denotes
non-rated officers and cannot be used in conjunction with  the  “P”  prefix.
The “W” suffix denotes rated officers and can be used with the  “P”  prefix.
Additionally, two suffixes are not permitted.  Therefore the  correct  DAFSC
should have been P16F4W.  The applicant’s Military  Personnel  Flight  (MPF)
was notified and updated the applicant’s duty history, to reflect his  DAFSC
as  P16F4W.   DPAO  recommends  the  applicant  submit  a  request  for   an
Evaluation Review and Appeals Board (ERAB) per AFI 36-2401  to  correct  his
DAFSC on his 20 November 1999 OPR and his P0501B PRF.  The  DPAO  evaluation
is at Exhibit C.

AFPC/DPPPEP recommends  denial  of  a  change  to  the  duty  title  on  the
applicant’s 26 April 1996 OPR, but recommends the 20 November  1999  OPR  be
changed to reflect “P16F4W” as the DAFSC.  DPPPEP states the  applicant  did
not provide evidence required by the ERAB to  prove  his  case  for  the  20
April 1996 OPR.  The DPPPEP evaluation is at Exhibit D.

AFPC/DPPPO concurs with the findings from  DPAO  and  DPPPEP  that  the  OSB
should reflect the DAFSC of  “P16F4W”.   However,  DPPPO  states  that  each
eligible officer for promotion consideration by the  P0501B  board  received
an officer  pre-selection  brief  (OPB)  90-100  days  prior  to  the  board
convening in November 2001.  The OPB contains data that will appear  on  the
OSB  at  the  central  board.   Written  instructions  accompany   the   OPB
instructing the member to make any corrections to  their  records  prior  to
the selection board.  The applicant did not show  where  he  exercised  “due
diligence” to correct the  errors  prior  to  the  board.   AFPC/DPPPO  also
states there is no clear evidence that the incorrect DAFSC  and  duty  title
were factors in the applicant’s non-selection.   The  AFPC/DPPPO  evaluation
is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims he received his OPB in mid-October, only  20-25  days
prior to the board.  He made several attempts to have corrections made  to
his records; however, none of the changes were successfully completed.   A
week prior to the board, he asked if he could write a letter to the  board
explaining the error.  AFPC told him it  was  too  late;  that  the  board
preparation had already entered  a  “freeze”  and  no  other  inputs  were
allowed.  The applicant’s review is at Exhibit G.

_________________________________________________________________

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice

      a.  The applicant has requested SSB based on  the  correction  to  his
DAFSC while he  was  an  Air  Attache.   We  note  that  the  ERAB  approved
substitution of  corrected  OPRs  (with  DAFSC  P16F4W)  for  those  reports
closing out on 20 November 1999, 19 November 2000, and 10  June  2001.   The
cited OPRs clearly showed that he was performing the duties  for  which  the
approved prefix and suffix were added to his AFSC.  In view of this, we  are
unpersuaded that the errors in his AFSC on  the  selection  brief  and  OPRs
caused  his  record  to  be  so  erroneous  or  misleading  that  the   duly
constituted selection board was unable to make  a  reasonable  determination
concerning his promotability in relation to his peers.  Therefore,  we  have
no basis on which to favorably consider the applicant’s request for  an  SSB
based on the corrections to his AFSC.


      b.  As to the applicant’s request concerning his  duty  title  on  the
1995  report,  we  note  that  the   applicant   has   not   exhausted   his
administrative  remedies  by  appeal   of   this   report   to   the   ERAB.
Nevertheless, we have considered this matter and, after  reviewing  all  the
evidence, we agree with the assessment of the Air Force  office  of  primary
responsibility with respect to this issue.  In the absence  of  evidence  by
the applicant showing that the contested information in the 1995  report  is
erroneous or technically flawed, the applicant’s request for  correction  of
his duty title on this report is not favorably considered.

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 issues 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 19 February 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Ms. Kathleen F. Graham, Member







The following documentary evidence for AFBCMR Docket  Numbers  02-01266  and
02-02454 was considered:

     Exhibit A.  DD Forms 149, dated 10 Apr 02 & 30 Jul 02,
                 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAO, dated 12 Jun 02, w/atchs.
     Exhibit D.  Letter, AFPC/DPPPEP, dated 24 Oct 02.
     Exhibit E.  Letter, AFPC/DPPPO, dated 24 Oct 02.
     Exhibit F.  Letter, SAF/MRBR, dated 1 Nov 02.
     Exhibit G.  Applicant’s Rebuttal w/atchs, dated 25 Nov 02.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair