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AF | BCMR | CY2003 | BC-2002-02348
Original file (BC-2002-02348.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02348
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Recommendation  Form  (PRF)  that  met  the  CY01B  Lieutenant
Colonel (Lt Col) central  selection  board  P0501B  be  revised  and  he  be
reconsidered for promotion by a Special Selection Board (SSB).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His records that met the board were  incomplete.   His  Meritorious  Service
Medal (MSM), First Oak Leaf Cluster (1OLC), for the period 23 February  1998
to 17 August 2001, was missing from his officer selection  brief  (OSB)  and
the PRF verbiage was missing an intended “command push” statement  when  his
records met the P0501B board.

In discussions with his senior rater, it  was  not  the  intent  to  omit  a
command statement.  The original PRF draft contained  a  command  statement,
however, editing and re-drafting of the PRF was accomplished during  the  11
September 2001 response to the terrorist attacks and the  command  statement
was inadvertently left out.  His senior rater signed a corrected PRF to  use
in the applicant’s appeal.

In support of his application, the applicant provides a personal  statement,
a  copy  of  his  17  August  2001  MSM  citation  and  order;  a  copy   of
correspondence verifying attempts to correct his records, and a copy of  his
PRF appeal, without attachments.  The applicant’s complete  submission  with
attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 January 1986, the applicant was appointed a  2nd  Lieutenant,  Reserve
of the Air Force (ResAF), and entered active duty on the same date.  He  was
integrated into the Regular Air Force  (RegAF)  on  23  July  1993.   He  is
currently serving on active duty in the grade of  Major  with  an  effective
date and a date of rank of 1 November 1997.

The applicant was considered and not selected for  promotion  by  the  CY01B
Line of the Air Force  Lieutenant  Colonel  Selection  Board  P0501B,  which
convened on 5 November 2001.  The following is a resume of his  OPR  ratings
commencing with the report closing 27 March 1991:

      PERIOD ENDING                     OVERALL EVALUATION

      27 Mar 91                                    MS
      27 Mar 92                                    MS
      27 Mar 93                                    MS
      27 Mar 94                                    MS
      05 Aug 94                                    MS
      27 Mar 95                                    MS
      31 Jan 96                                    MS
      31 Jan 97                                    MS
      19 Feb 98                                    MS
      19 Feb 99                                    MS
      18 Feb 00                                    MS
      18 Feb 01                                    MS


After  reviewing  the  applicant’s  Officer  Selection  Record  (OSR)  on  1
November  2001,  the  Board  Support  Branch  discovered   that   supporting
documentation  for  his  Joint  Service  Commendation  Medal  (basic  ribbon
awarded in 1992) was missing and his MSM for the period 23 February 1998  to
17 August 2001 was missing in the Personnel Data System (Exhibit B).
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEB reviewed  the  applicant’s  case  file  and  recommends  denial.
DPPPEB states that to change Section IV of a  PRF,  the  senior  rater  must
demonstrate that there was a material error in the PRF, a material error  in
the record of performance that substantially impacted  the  content  of  the
PRF, or a material error in the process by which the PRF  was  crafted.   In
addition, the applicant must demonstrate  he  took  corrective  action  upon
receipt and review of his PRF prior to the Central  Selection  Board  (CSB).
These requirements were not met.  Appeals to rewrite Section IV  to  include
previously known or documented accomplishments  do  not  meet  the  required
criteria  for  an  appeal.   In  addition,  rewriting  the  PRF  to  include
stronger, but not mandatory, statements should have been accomplished  prior
to the board convening and do not meet the  required  criteria  for  appeal.
The DPPPEB evaluation is at Exhibit C.

AFPC/DPPPO  reviewed  the  applicant’s  case  file  and  concurs  with   the
recommendation  that  the  applicant’s  request  should  be  denied.   DPPPO
reviewed the applicant’s OSR and found the MSM, 1OLC citation, date  stamped
1 November 2001.  This indicates his citation  was  in  his  OSR  four  days
prior to the P0501B board.  Although the decoration  was  not  reflected  on
the OSB, it was part of his  OSR.   The  board  discrepancy  report  in  the
applicant’s record reflects the MSM, 1OLC was awarded  and  filed,  but  not
updated in MilPDS.  This would have called attention to the fact  there  was
a medal citation for that time period in the OSR.  Since the  board  members
had a copy of the citation to review and were aware  of  the  level  of  the
award, DPPPO does not support SSB consideration.  The  DPPPO  evaluation  is
at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on  22
November 2002 for review and response.  As of this date, this  office  has
received no response.  Upon request, the applicant furnished a faxed  copy
of his revised PRF, which is at Exhibit F.

_________________________________________________________________

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 probable error or injustice.

      a.  While the applicant’s MSM, 1st OLC was not reflected on  his  OSB,
the citation for the award was filed in his OSR and  the  board  discrepancy
report in the applicant’s record reflected the MSM,  1OLC  was  awarded  and
filed, but not updated  in  MilPDS.   Therefore,  the  selection  board  was
placed on notice that the applicant had received  the  award  and  they  did
have   available   for   their   review   the   narrative   describing   the
accomplishments for which the medal was awarded.  In view  of  these  facts,
the impact of this omission on his promotion opportunities  by  the  subject
selection board was, in our opinion, essentially harmless.

      b.  It appears that the citation for the  Joint  Service  Commendation
Medal, awarded in 1992, was not on  file  at  the  time  the  applicant  was
considered by the CY 2001B lieutenant colonel selection board.   We  do  not
believe reconsideration for promotion on this basis is appropriate based  on
the fact that the copy of the selection record provided for our review  does
not contain  the  cited  award  nor  has  the  applicant  provided  a  copy.
Therefore, we are unable to assess the potential  impact  its  absence  from
his record may have had on his promotion opportunities.

      c.  We have reviewed the original and revised PRFs and do not find the
evidence provided is sufficient to warrant the substitution of  the  revised
PRF in place of the original report.  The only change to the  report  occurs
in Section IV with the addition of the words “ops officer” in the last  line
of that section.  We agree with the observation by the Air Force  office  of
primary  responsibility  that,  in  order  to  rewrite  or  add   additional
information to a PRF, the senior rater should demonstrate that there  was  a
material error in the PRF.  Other than the  applicant’s  own  statement,  we
have seen no documentary evidence which would lead us to  believe  that  the
report was technically flawed or that the senior rater is now privy to  some
information, which would have had an impact on the  contested  PRF  when  it
was prepared.


      d.  In view of all the above, we find no compelling basis to recommend
granting the applicant’s request for SSB consideration.

_________________________________________________________________

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 6 February 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Ms. Rita S. Looney, Member
      Mr. Mike Novel, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. 02-02348:

      Exhibit A.  DD Form 149, dated 14 May 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPEB, dated 4 Nov 02.
      Exhibit D.  Letter, AFPC/DPPPO, dated 20 Nov 02.
      Exhibit F.  Applicant’s Corrected PRF.






                                                   THOMAS S. MARKIEWICZ
                                                   Vice Chair

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