RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02981

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) prepared for  consideration  by  the
Calendar Year 2001B (CY01B) Central Lieutenant Colonel Selection Board
be amended in the “Assignment History” section to reflect his level of
assignment as the Department of the Defense (DOD) Joint (DD/J)  level,
rather than Wing/Base (W/B) level, with an effective date  of  10  Jun
96.

He be given Special Selection Board (SSB) consideration for  promotion
to the grade of lieutenant colonel by  the  CY01B  Central  Lieutenant
Colonel Selection Board with his corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Joint Squadron Command for a  company  grade  officer  is  rare.   All
services competed for the command at the Joint Communications  Support
Element (JCSE).  Showing the job as a Wing/Base level position vice  a
DOD Joint level position does not project the prominence of the  title
and job.  He feels that if the board members had seen the job  as  DOD
Joint level, they would  have  understood  the  significance  and  his
record would have been more competitive.

In support of his appeal, the applicant provided  letters  of  support
from his senior rater and  the  former  Joint  Communications  Support
Element (JCSE) commander, and copies of his CY02B officer preselection
brief (OPB) and duty qualification history brief.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that  grade  on  1 Mar 98.   His  Total
Active Federal Military Service Date (TAFMSD) is 20 Jun 85.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1991
follows:

      PERIOD ENDING    EVALUATION

      28 Apr 91  Meets Standards
      28 Apr 92  Meets Standards
       2 Dec 92  Meets Standards
       2 Dec 93  Meets Standards
       2 Dec 94  Meets Standards
       1 Nov 95  Meets Standards
       1 Nov 96  Meets Standards
      26 Sep 97  Meets Standards
      22 May 98  Meets Standards
      29 Jun 99  Training Report
      17 Dec 99  Training Report
  #   17 Dec 00  Meets Standards
      17 Dec 01  Meets Standards

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY01B  Lieutenant
Colonel Board.

Applicant was considered and selected for promotion to  the  grade  of
lieutenant colonel by the CY02B Lieutenant Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPASC indicated a review of the applicant’s OSB  showed  that  he
was correct in his assertion that the OSB reflected the  inappropriate
duty level history.  The correct information has been updated  in  the
personnel data system.

A complete copy of the AFPC/DPASC evaluation is at Exhibit C.

AFPC/DPPPO recommended denial  indicating  that  there  was  no  clear
evidence that the incorrect level of  assignment  negatively  impacted
the applicant’s promotion opportunity.  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.   The  selection  board  had  his
entire  officer   selection   record   that   clearly   outlined   his
accomplishments since the date he came on active duty.  They were  not
convinced the incorrect level of  assignment  caused  the  applicant’s
nonselection.  In addition, the previous duty entry  was  correct  and
accurately reflected the level of assignment  as  “DD/J.”   AFPC/DPPPO
stated it was apparent by looking at the OSB  that  this  was  nothing
more than an administrative error.  His OPRs  also  indicated  in  the
Mission  Description  that  he  was  assigned  to  a  “joint  tactical
communications unit."  Therefore, they were opposed to  the  applicant
receiving SSB consideration on this issue.

According to AFPC/DPPPO,  eligible  officers  are  also  provided  the
opportunity to correspond by letter with their board  to  address  any
matter of record concerning themselves that they believe are important
to their consideration.  If the applicant believed  his  duty  history
was relevant to the process, he could have provided  this  information
by letter to the board.  They have verified the applicant elected  not
to exercise this entitlement.

AFPC/DPPPO noted that AFI  36-2501,  paragraph  6.3.2.2,  specifically
states, “Do not have an SSB if, by  exercising  reasonable  diligence,
the officer should have discovered the error  or  omission  and  could
have taken corrective action before  the  originally  scheduled  board
convened.”  In their view, the applicant has not provided  proof  that
he “exercised reasonable diligence” to correct this error prior to his
promotion board.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that  the  instructions  were
not clear when was the proper time for presenting  the  case  that  he
exercised reasonable diligence to correct the error  in  his  records.
When he noticed the discrepancy in his record, he  attempted  to  have
the correction completed some time near the end of Aug 02.   He  could
not recall the exact day, as he was not worried that there would be  a
problem with changing his record and trusted the system to  take  care
of the situation.  Nevertheless, he intended to check  his  records  a
few days later but because of 11 Sep 01, his focus was  consumed  with
the planning and execution of Operation ENDURING FREEDOM.

The applicant stated that while there was no clear evidence  that  the
incorrect  level  of  assignment  negatively  impacted  his  promotion
opportunity, it was equally clear that it did.  He understood what the
board members had presented to them, but  it  was  inconceivable  that
every board member would review completely each and every record  from
cover to cover.  Also, to say that the previous  level  of  assignment
which reflected DOD Joint level would lead the board to conclude  that
his joint command was the same was another unsubstantiated assumption.
 His request is simply to get the chance to see how he stands  with  a
corrected record in comparison with his peers.

Applicant’s complete response 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.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  error  or  injustice.   After  reviewing  the  evidence
presented, we are sufficiently persuaded that the  applicant  may  not
have been fairly and equitably considered for promotion by  the  CY01B
Lieutenant  Colonel  Board  because  his  duty   history   erroneously
reflected his level of  assignment.   We  note  that  AFPC/DPAPSC  has
indicated the applicant's duty history has been updated to reflect the
correct information.  Although it cannot  be  conclusively  determined
what impact the proper level of assignment on the OSB may have had  on
the applicant’s promotion opportunity,  we  believe  that,  given  the
particulars of this case, any doubt should be resolved in  his  favor.
Therefore, we recommend that the applicant's records be  corrected  as
set forth below,  and  he  be  provided  SSB  consideration  with  his
corrected records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his Officer Selection
Brief (OSB) prepared for consideration  by  the  Calendar  Year  2001B
Central  Lieutenant  Colonel  Selection  Board  be  amended   in   the
“Assignment History” section to reflect his  level  of  assignment  as
"DD/J," rather than "W/B," with an effective date of 10 Jun 96.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 2001B Central Lieutenant Colonel  Selection  Board  with
the corrected OSB.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
02981 in Executive Session on 25 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. James A. Wolffe, Member

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

     Exhibit A.  DD Form 149, dated 6 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAS, dated 13 Oct 02.
     Exhibit D.  Letter, AFPC/DPPPO, dated 30 Nov 02.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Dec 02.
     Exhibit F.  Letter, applicant, dated 10 Jan 03.




                                   ROBERT S. BOYD
                                   Panel Chair









AFBCMR 02-02981




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 his Officer
Selection Brief (OSB) prepared for consideration by the Calendar Year
2001B (CY01B) Central Lieutenant Colonel Selection Board be amended in
the “Assignment History” section to reflect his level of assignment as
"DD/J," rather than "W/B," with an effective date of 10 Jun 96.

      It is further directed that he be considered  for  promotion  to
the grade of lieutenant colonel by a Special Selection Board  for  the
Calendar Year 2001B Central Lieutenant Colonel  Selection  Board  with
the corrected OSB.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency