RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03278
INDEX CODE: 100.05, 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be considered for promotion to the grade of lieutenant colonel by
Special Selection Board for the Calendar Year 2001B (CY01B), lieutenant
colonel selection board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She hand-carried a copy of her Meritorious Service Medal (MSM), first oak
leaf cluster (1OLC) to AFPC for inclusion in her selection folder.
However, the MSM was not updated in her record prior to the board. In
addition, applicant states that her Air Force Specialty Code (AFSC) was not
updated as requested via an Air Force 2096, Classification/on-the-Job
Training Action which she submitted in August 2001. The correct AFSC would
have provided a much better reflection of her current duties and
responsibilities than the AFSC listed on the selection brief.
In support of her request, applicant provided a copy of her MSM, AF Form
2096, and a copy of her Officer Selection Brief (OSB). Her complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the personnel data system reflects that applicant was
appointed a second lieutenant, Reserve of the Air Force, on 15 May 83. She
was voluntarily ordered to extended active duty on 27 Jul 83. She has been
progressively promoted to the grade of major, having assumed that grade
effective and with a date of rank of 1 Oct 94. She currently has a
projected date of separation of 31 Jul 03.
She was considered and not selected for promotion to the grade of
lieutenant colonel by the CY99B (30 Nov 99), CY00A (28 Nov 00), and the
CY01B (5 Nov 01) lieutenant colonel selection boards. Applicant's DAFSC
during her three considerations for promotion was 46N3. The personnel data
system currently reflects her DAFSC as 46N4, with an effective date of 29
Jan 02.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial. DPPPO states that although the period of the
decoration was through 1 Sep 01, the orders were not published until 16 Oct
01. AFI 36-2803 directs forwarding citations and special orders within 30
days of the date the special orders are published. The medal was not
required to be updated in the personnel data system and on file in her
record, until 16 Nov 01. As such, the MSM was not a matter of record at
the time the board convened on 5 Nov 01. A copy of the citation was
provided for inclusion in the applicant's Officer Selection Record on 10
Jan 03. The DPPPO evaluation is at Exhibit C.
AFPC/DPAMN recommends denial. DPAMN states that the applicant provided a
copy of an AF Form 2096 requesting a change of her duty AFSC (DAFSC) from
46N3 to reflect 46A3 effective either 5 Nov 01 or 30 Aug 01 (the form has
been altered by someone). Following her second nonselection for promotion
the applicant submitted an AF Form 2096 in an attempt to change her DAFSC.
She kept the same duty title, Deputy Squadron Commander. The DAFSC did not
change in the personnel data system as a result of the 2096. Her top three
Officer Performance Reports (OPRs) carried the duty title of Deputy
Squadron Commander and DAFSC of 46N3. Consistent with the guidance of the
AF Surgeon General's policy letter dated 13 May 99, a member should not
hold the Deputy Squadron Commander position, unless the member also holds
the position of the functional advisor. In this case, in order to hold the
Deputy Squadron Commander role she would also have to be dual-hatted as the
Group Chief Nurse. There is no indication in her record that she was the
Group Chief Nurse during the time period in question, thus she was not
qualified to hold the duty title of Deputy Squadron Commander. It cannot
be validated that the correct DAFSC for the authorized duty title is 46A3.
According to the same policy letter, the correct duty title for someone
acting as the #2 in a squadron, unless the member is the functional advisor
for the Group will be "Operations Officer," if that job occupies more that
50 percent of the member's time. Otherwise, the duty title would be
"Readiness Training Flight Commander" with an additional duty title as
Operations Officer. There is no specification that either the Operations
Officer or the Flight Commander duty title at Wilford Hall entitles a
member to a DAFSC of 46A3. So there is no assurance that she would have
been awarded a 46A3 DAFSC. The manpower person during the time period
states that he was aware that the applicant was never awarded the 46A3
DAFSC. The DPAMN evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 31
Jan 03 for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
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 that would warrant some relief. In this
respect, we believe that her record was incomplete at the time she was
considered for promotion by the CY01B lieutenant colonel selection board
although it appears that she made every reasonable effort to ensure her
record was accurate. Applicant states that she hand-carried a copy of her
MSM for inclusion in her selection record prior to the convening of the
board; however, through no fault of her own, the MSM was not included in
the selection process. Whether or not this information was significant
enough to alter the results of the CY01B selection board is a question we
are unable to answer based on the evidence presented. Nevertheless, we
believe that the applicant was improperly disadvantaged because of the
absence of the MSM, which contained information the selection board members
could have considered significant. Accordingly, in order to resolve any
potential injustice to the applicant, we believe that any doubt should be
resolved in her favor and that her record should be corrected as indicated
below.
4. With respect to her request that her Officer Selection Brief (OSB) be
corrected to reflect her AFSC as 46A3 rather than 46N3, we thoroughly
reviewed the evidence provided and are not persuaded that at the time the
selection board convened, she met the established criteria for award of
AFSC 46A3. In addition, we note that the personnel data system, to date,
does not reflect that she has been awarded the 46A3 AFSC. Therefore, we
agree with the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their rationale as basis for our
conclusion that she has not been the victim of an error of injustice
regarding this matter.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that the citation to accompany award of
the Meritorious Service Medal, first oak leaf cluster, was accepted for
file in her Officer Selection Record on or before 4 November 2001.
It is further recommended that she 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, which convened on 5
November 2001.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2002-03278
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Vaughn Schlunz, Member
Ms. Mary J. Johnson, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 22 Jan 03.
Exhibit D. Letter, AFPC/DPAMN, not dated.
Exhibit D. Letter, SAF/MRBR, dated 31 Jan 03.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR BC-2002-03278
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 APPLICANT, be corrected to show that the citation to accompany
award of the Meritorious Service Medal, first oak leaf cluster, was
accepted for file in her Officer Selection Record on or before 4 November
2001.
It is further directed that she 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, which convened on 5
November 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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