RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03024
            INDEX NUMBER:  131.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to lieutenant  colonel  by  special
selection board (SSB) for the CY00A (28 Nov 00) and CY01B  (5  Nov
01) Central Lieutenant Colonel Selection Boards.

___________________________________________________________________


APPLICANT CONTENDS THAT:

He successfully appealed to the Evaluation  Reports  Appeal  Board
(ERAB) to have an incorrect duty title on his officer  performance
report (OPR) closing out 9 Jan 00 corrected.  The  correction  was
made after he was considered for promotion by the CY00A and  CY01B
boards and was the latest OPR in his records when he met the CY00A
board, his in-the-promotion-zone (IPZ) board.  The incorrect  duty
title described him as an “Assistant Flight Commander” rather than
the Wing level position that he held.  Now that his OPR  has  been
corrected, he requests that  his  records  be  reviewed,  as  they
should have appeared when he was  considered  for  promotion.   In
support of his appeal, applicant provides  statements  of  support
from his chain of command and a copy of the decision by  the  ERAB
to correct his OPR.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade  of
major.  He has  two  nonselections  to  the  grade  of  lieutenant
colonel  by  the  CY00A  and  CY01B  Central  Lieutenant   Colonel
Selection Boards.  His Total Active Federal Military Service  Date
(TAFMSD) is 7 May 1985.  A review of his ten  officer  performance
reports (OPRs) preceding each board reflects  overall  ratings  of
“meets standard.”

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends that  the  applicant  be  granted  promotion
consideration by SSB for the CY00A board only.  According  to  the
evidence and the applicant’s  acknowledgement,  he  did  not  take
action to correct his OPR  until  after  he  was  nonselected  for
promotion to lieutenant colonel by the CY00A board.  The applicant
contends that his failure to submit his application  in  a  timely
manner was based  on  the  advice  received  from  his  commander.
However, each officer eligible for promotion receives  an  officer
preselection brief (OPB) 90-100 days prior to  the  central  board
convening date.  The applicant did not  show  where  he  exercised
diligence to rectify the error prior to  his  board  convening  on
28 Nov 00.  Furthermore, the applicant failed to take advantage of
his opportunity to write a letter to the board president.

Since the applicant’s OPR appeal was  submitted  after  the  CY00A
board,  but  not  corrected  prior  to  his   CY01B   board,   SSB
consideration for the CY01B board.

The complete evaluation is at Exhibit C.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant
on 22 Nov 02 for review and comment within 30 days.   To  date,  a
response has not been received.

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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.   The  Board  notes  the
recommendation by AFPC/DPPPO to only grant the applicant promotion
consideration by SSB for the CY01B promotion board.  However,  the
Board  disagrees  with  this  recommendation  and   believes   the
applicant should be considered by both the CY00A and CY01B Central
Lieutenant Colonel Promotion Boards.  The Board comes to this view
based on the support that the applicant  has  from  his  chain  of
command and what we believe are extenuating  circumstances  caused
by the very nature of the applicant’s assigned duties.  We believe
that only granting the applicant consideration  for  promotion  by
SSB for his above-the-zone board, when it  has  been  acknowledged
that his records were incorrect for both boards, is a disingenuous
form of relief at best.  Therefore, in the interest of equity  and
fairness, we recommend that the applicant’s records  be  corrected
as indicated below.

___________________________________________________________________
_

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force
relating to APPLICANT, to include the Officer  Performance  Report
rendered for the period 6 March 1999 through 9 January 2000, which
reflects a duty title of  “Wing  Dissimilar  Air  Combat  Training
Coordinator/F-16 Instructor Pilot” be considered for promotion  to
the grade of lieutenant colonel by Special  Selection  Boards  for
the CY00A and CY01B Central Lieutenant Colonel Selection Boards.

___________________________________________________________________
_

The following members of the Board considered  Docket  Number  02-
03024  in  Executive  Session  on  30  January  2003,  under   the
provisions of AFI 36-2603:

      Mr. Edward C. Koenig, III, Panel Chair
      Ms. Martha M. Maust, Member
      Mr. John E. Pettit, Member

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

     Exhibit A.  DD Form 149, dated 10 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 19 Nov 02.
     Exhibit D.  Letter, SAF/MIBR, dated 22 Nov 02.




                                   EDWARD C. KOENIG, III
                                   Panel Chair


AFBCMR 02-03024


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 XXXXXXXXX, XXX-XX-XXXX, to include the Officer
Performance Report rendered for the period 6 March 1999 through 9
January 2000, which reflects a duty title of “Wing Dissimilar Air
Combat Training Coordinator/F-16 Instructor Pilot” be considered
for promotion to the grade of lieutenant colonel by Special
Selection Boards for the CY00A and CY01B Central Lieutenant Colonel
Selection Boards..






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency