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AF | BCMR | CY2003 | BC-2002-01404A
Original file (BC-2002-01404A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01404
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that  the  Board
Discrepancy Report for  Board  P0501B  be  removed;  his  Officer  Selection
Record  (OSR)  for  the  Calendar  Year  2001B  (CY01B)  Lieutenant  Colonel
Selection Board be  corrected  to  include  the  citation  for  the  Defense
Meritorious Service Medal (DMSM), First Oak Leaf  Cluster  (1OLC),  for  the
period 15 March 1998 through 6 October 2000  and  that  he  receive  Special
Selection  Board  (SSB)  consideration  for  promotion  to  the   grade   of
lieutenant colonel for the CY01B Selection Board.

_________________________________________________________________

STATEMENT OF FACTS:

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

The citation accompanying the Defense Meritorious Service Medal  (DMSM)  for
the period 15 March 1998 through  6  October  2000  was  not  filed  in  the
applicant’s OSR before the CY01B board.

The Officer Selection Brief (OSB) prepared for  the  CY01B  Selection  Board
reflected award of the DMSM 1OLC.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY01B (5 November 2001) and the CY02B (8  November
2002) Lieutenant Colonel Central Selection Boards.

On 28 August 2002,  the  applicant’s  request  that  his  Officer  Selection
Record  (OSR)  for  the  Calendar  Year  2001B  (CY01B)  Lieutenant  Colonel
Selection Board be  corrected  to  include  the  citation  for  the  Defense
Meritorious Service Medal (DMSM), First Oak Leaf  Cluster  (1OLC),  for  the
period 15 March 1998 through 6 October 2000  and  that  he  receive  Special
Selection  Board  (SSB)  consideration  for  promotion  to  the   grade   of
lieutenant colonel for the CY01B Selection Board was considered  and  denied
by the Board (Exhibits A through F).



The applicant submitted a request for reconsideration, contenting  that  his
OSR prepared for the  CY01B  promotion  board  contained  a  Memorandum  for
Record (Board Discrepancy Report).    The  presence  of  this  memo  in  his
record constituted a negative detractor in the eyes of the promotion  board,
which unjustly pushed his ranking down when compared to the records  of  his
peers.  His 24 September  2001  pre-selection  brief  correctly  showed  the
citation; however, he did not  receive  a  copy  of  the  citation  until  9
October 2001.  He received the Discrepancy Report three days  prior  to  the
convening of the promotion board, which made it impossible for him  to  know
of the memo’s existence and correct his records.  The  applicant’s  complete
submission is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of probable error or injustice.  This Board considered  this  case
on 28 August 2002 and found that the applicant had not  provided  sufficient
documentation showing that the lack of the contested  citation  in  his  OSR
caused his record to be as  inaccurate  or  misleading  that  the  selection
board was unable to make a reasonable decision concerning his  promotability
in relation to his peers.  However, based on the evidence provided with  his
current request for reconsideration, the majority of the Board is  persuaded
that the Board Discrepancy Report combined with  the  missing  citation  for
the DMSM constituted negative detractors before  the  promotion  board.   In
this respect, we note the results of AFPC Officer’s Promotion Debriefing  on
3 April 2002 and an excerpt from the promotion board debriefing by a  member
of the board, dated 15 May 2002, which indicates that the  missing  citation
and the presence of the Board Discrepancy Report for  the  CY01B  Board  may
have diminished the applicant’s chances for promotion when compared  to  his
peers.  While it cannot be conclusively determined whether or not the  Board
Discrepancy Report combined with the missing citation for the DMSM were  the
sole reasons for his nonselection for promotion  by  the  CY01B  board,  the
Board majority believes that it served to deprive him of fair and  equitable
consideration.   Based  on  the  evidence  of  record  and  to  remove   any
possibility of an injustice to the applicant, the Board majority  recommends
the applicant’s records be corrected to the extent indicated  below  and  he
be provided Special Selection  Board  consideration  for  promotion  to  the
grade of lieutenant colonel for the CY01B board.

_________________________________________________________________







THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, to include the citation for the  Defense  Meritorious  Service
Medal, First Oak Leaf Cluster (DMSM, 1OLC) awarded for the  period  15 March
1998 through 6 October 2000, be considered for promotion  to  the  grade  of
lieutenant colonel by a  Special  Selection  Board  for  the  CY01B  Central
Lieutenant Colonel Selection Board and any subsequent boards for  which  the
DMSM, 1OLC was not a matter of record.

It is further recommended that the Board Discrepancy Report  for  the  Board
P0501B be declared void.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
01404 in Executive Session on 26 June 2003, under the provisions of AFI  36-
2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Cheryl Jacobson, Member
                 Mr. Frederick R. Beaman III, Member

The majority voted to correct the record, as recommended.  Mr. Beaman  voted
to deny the applicant’s request and does  not  wish  to  submit  a  minority
report.  The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 23 September 2002,
                w/atchs.
      Exhibit G.  DD Form 149, dated 3 December 2002, w/atchs.




                                   ROSCOE HINTON, JR.
                                   Panel Chair



AFBCMR BC-2002-01404





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    , to include the citation for the Defense Meritorious
Service Medal, First Oak Leaf Cluster, (DMSM, 1OLC) awarded for the period
15 March 1998 through 6 October 2000, be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the CY01B
Central Lieutenant Colonel Selection Board and any subsequent boards for
which the DMSM, 1OLC was not a matter of record.

      It is further directed that the Board Discrepancy Report for the
Board P0501B be, and hereby is, declared void.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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