RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03645
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief  (OSB)  for  the  Calendar  Year  2000A  (CY00A)
Lieutenant Colonel Selection Board be corrected to reflect his correct  duty
history and that he receive Special Selection Board (SSB) consideration  for
promotion to the grade of lieutenant colonel for the CY00A Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Performance Report (OPR) closing 22 July 2000  was  not  entered
into his records until just before the CY00A board convened on  28  November
2000, almost  120  days  late.   His  records  were  incomplete  during  the
Management Level Review process.

Prior to the CY00A board two  promotion  recommendation  forms  (PRFs)  were
written.  The first PRF was replaced with a second one, which contained  the
missing data from his 22 July 2000 OPR.  He  also  contends  that  his  duty
history on his OSB was inaccurate.

In support of his appeal, the applicant provided AF Form 707A  (Field  Grade
Officer Performance Report) for the period 23 July 1999 to 22 July 2000,  AF
Form  709  (Promotion  Recommendation)  for  the  P0500A  Board,  and  other
documentation.

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

_________________________________________________________________









STATEMENT OF FACTS:

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

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel  by  the  CY00A  (28 November  2000),  CY01B  (5 November
2001),  and  the  CY02B  (12 November  2002)  Lieutenant  Colonel  Selection
Boards.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 15 Dec 95              Meet Standards (MS)
                 14 Dec 96                   (MS)
                  1 Sep 97                   (MS)
                  6 Apr 98                   (MS)
                 22 Jul 99   Training Report (TR)
              * #      22 Jul 00                   (MS)
               ##      30 Jun 01                   (MS)
              ###      30 Jun 02                                    (MS)

*Contested Report
#Top Report for the CY00A Board
## Top Report for the CY01B Board
### Top Report for the CY02B Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPASC indicated that the  applicant’s  selection  brief  had  two  duty
titles missing from his duty history.  From 15 December 1995 to 14  December
1996 he performed duties as Chief, Contingency  Exec  Planning.   This  duty
title was not on his selection brief.  From 15 December 1996 to 1  September
1997 he performed duties as Chief, Contingency Exercise Branch.   This  duty
title was not on his selection brief.  He started duties as  Chief,  Foreign
Military Sales, (23 July 2000) but this information was not included on  his
selection brief.  All  other  duty  history  for  his  selection  brief  was
correct at the time he met the board.

The evaluation is at Exhibit C.

AFPC/DPPPE recommended denial.  They indicated that  it  is  unclear  as  to
what  the  applicant  is  requesting;  however,  it  is  clear  that  he  is
contesting the timeliness of his 22 July  2000  OPR  getting  filed  to  his
record.  Additionally,  the  applicant  alleges  that  his  P0500A  PRF  was
written without considering the data within  his  22  July  2000  OPR.   The
applicant’s 22 July 2000 OPR was late to file but was  filed  prior  to  the
CSB.   The  applicant  does  not  have  senior  rater  or  MLR   president’s
concurrence as required to change the PRF.  He did not  provide  a  new  PRF
with a recommendation marked and  supported  by  his  senior  rater  or  MLR
president, and/or  documentation  stating  that  the  senior  rater  or  MLR
president would or would not support these allegations.  The  applicant  did
have a revised PRF that was reviewed by  the  central  selection  containing
comments from the July 2000 OPR.

The evaluation is at Exhibit D.

AFPC/DPPPO recommended denial.  They indicated that AFPC/DPAS  reviewed  the
applicant’s duty history contentions  and  concurred  that  his  16  January
1996, 1 September 1997, and his 23 July 2000 duty titles were  missing  from
his OSB.  The Military Personnel Data System (MilPDS) has  been  updated  to
reflect the  correct  duty  history  entries.   Each  officer  eligible  for
promotion consideration by the CY00A board received an officer  preselection
brief (OPB) 90-100 days prior to the board convening in November 2000.   The
OPB the officer receives before the board contains the same data  that  will
appear on the OSB at the central board.  The applicant did  not  show  where
he exercised use of due  diligence  to  discover  the  errors  prior  to  28
November 2000.   Furthermore,  written  instructions  attached  to  the  OPB
explained the opportunity of  communicating  with  the  board  president  by
writing a letter to the board.  The applicant could have used this means  to
inform the board president of  changes  in  his  duty  history.   They  have
verified he elected not to exercise either entitlement.  It  may  be  argued
that the missing duty history entries  were  a  factor  in  the  applicant’s
nonselection;  however,  there  is  not  clear  evidence  that   this   data
negatively impacted his promotion opportunity.

The evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided a  response  that  is  at
Exhibit G.

_________________________________________________________________

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  to  warrant  providing  the   applicant
consideration by a Special Selection  Board  for  the  Calendar  Year  2000A
(CY00A) Central Lieutenant Colonel board, with an  Officer  Selection  Brief
(OSB) reflecting his correct duty history.  The  Air  Force  has  determined
that the applicant’s duty history  was  incorrect  when  he  met  the  CY00A
selection board and it  has  since  been  corrected.   While  it  cannot  be
conclusively determined whether or not the incorrect duty  history  was  the
reason for his nonselection for promotion by  the  CY00A  board,  the  Board
majority believes that it served  to  deprive  him  of  fair  and  equitable
consideration.  Therefore, the majority recommends his  record,  to  include
an OSB reflecting his correct duty history, be considered for  promotion  by
SSB for the CY00A lieutenant colonel board.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice regarding any corrective  action  concerning
the OPR closing 22 July 2000 and the PRF prepared for the CY00A board.   The
applicant appears to be contending that he  was  not  given  full  and  fair
consideration for a definitely promote promotion consideration  because  the
contested OPR was not filed in a timely manner.  The  Board  notes  that  in
accordance to the governing AFI, the OPR was filed late, but it was on  file
at the time of the CY00A lieutenant colonel board.  Therefore, the  OPR  was
available for review  by  the  selection  board.   Regarding  the  PRF,  the
applicant did not submit any supporting documents  from  either  the  senior
rater or the MLR board president that the contested report was not  reviewed
during the MLR process, nor does he provide a  reaccomplished  PRF  with  an
upgraded recommendation.  The board majority finds no basis  upon  which  to
make any corrective action with regard to the contested PRF.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT,  be  corrected  to  show  that  the  Officer  Selection  Brief
prepared for the Calendar Year 2000A Central  Lieutenant  Colonel  Selection
Board, be amended under the Assignment  History  section  to  reflect  Level
“CM,” MAJCOM “PAF,” Organization “PACAF  Hickam,”  and  Duty  Title  “Chief,
Contingency Exercise Planning,” effective  15  December  1995;  Level  “CM,”
MAJCOM  “PAF,”  Organization  “PACAF  Hickam,”  and   Duty   Title   “Chief,
Contingency and Exercise Branch,” effective  15  December  1996;  and  Level
“DJ,” MAJCOM “ZPA,”  Organization  “AFELM  JUSMAGTHAI  Thailand,”  and  Duty
Title “Chief, Foreign Military Sales,” effective 23 July 2000.



It is further recommended that he be considered for promotion to  the  grade
of lieutenant colonel by Special  Selection  Board  for  the  Calendar  Year
2000A Central Lieutenant Colonel  Selection  Board  with  inclusion  of  the
corrected OSB and any subsequent boards in which the corrections were not  a
matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
03645 in Executive Session on 1 May 2003, under the provisions  of  AFI  36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Ms. Martha J. Evans, Member
                  Mr. Christopher Carey, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Sheuerman voted to deny the application and does not desire  to  submit
a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAS, dated 17 December 2002,
               w/atchs.
   Exhibit D.  Letter, AFPC/DPPPE, dated 17 January 2003.
   Exhibit E.  Letter, AFPC/DPPPO, dated 28 February 2003.
   Exhibit F.  Letter, SAF/MRBR, dated 21 March 2003.
   Exhibit G.  Letter, Applicant, dated 3 April 2003.



                 PHILIP SHEUERMAN
                 Panel Chair


AFBCMR BC-2002-03645





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 the Officer Selection Brief
prepared for the Calendar Year 2000A Central Lieutenant Colonel Selection
Board, be amended under the Assignment History section to reflect Level
“CM,” MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief,
Contingency Exercise Planning,” effective 15 December 1995; Level “CM,”
MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief,
Contingency and Exercise Branch,” effective 15 December 1996; and Level
“DJ,” MAJCOM “ZPA,” Organization “AFELM JUSMAGTHAI Thailand,” and Duty
Title “Chief, Foreign Military Sales,” effective 23 July 2000.

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board for the Calendar
Year 2000A Central Lieutenant Colonel Selection Board with inclusion of the
corrected OSB and any subsequent boards in which the corrections were not a
matter of record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency