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AF | BCMR | CY2003 | BC-2002-03774
Original file (BC-2002-03774.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC 2002-03774

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  record,  to  include  the  citation  to  accompany  the  award  of  the
Meritorious Service Medal (MSM) awarded for the period 8  December  1991  to
11 February 1999, be reconsidered for position vacancy  (PV)  promotion  for
the Fiscal Year 2003 (FY03) Line and Health Professions  Lieutenant  Colonel
PV Selection Board.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

At the time he was considered for PV promotion, the  citation  to  accompany
the award of the MSM was missing  from  his  selection  record.   Given  the
competitive nature of a promotion board, a missing citation is  critical  to
the final determination by the  Board.   Unfortunately,  he  was  unable  to
accomplish an official records review prior to the board  convening  because
he was activated on 21 September 2001 for a two-year period  and  has  spent
the majority of the past year overseas in support of the war on terrorism.

In support of the appeal, the applicant submits a copy of the  MSM  citation
and a letter to the PV board.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving  on  active  duty  in
the grade of major.

The applicant was considered but not selected for PV promotion by  the  FY03
Line and Health Professions Lieutenant Colonel  PV  Selection  Board,  which
convened on 24 June 2002.

_________________________________________________________________



AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied  and  states,  in  part,  that
although the MSM was not present in the applicant’s records at the  time  of
the board, it was listed on his Officer Selection Brief (OSB) and the  board
members  were  aware  that  he  had  been  awarded  the   MSM.    Only   the
circumstances of the award were not available.  In addition to the MSM,  two
Air Medals, and two Air Force Commendation Medals were also  listed  on  his
OSB for a total of five decorations.

The ARPC/DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that without the MSM citation in his selection  folder,
his entire record  could  not  have  been  given  full  consideration.   The
circumstances of the award are just as important, if not more so,  than  the
actual award.  Although the advisory opinion  indicates  that  the  MSM  was
identified on his OSB, he  was  informed  that  many  board  members  simply
glance at he OSB and then score the record on the contents  of  the  record.
The board members may not have given him credit for the MSM  simply  because
it was annotated on his OSB.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 probable error or injustice warranting promotion  consideration
by a Special Review Board (SRB) for the FY03  Line  and  Health  Professions
Lieutenant Colonel Position Vacancy Selection Board.  We note  that  at  the
time applicant was considered and not selected for PV promotion by the  FY03
board, his Officer Selection Record (OSR) did not contain  the  citation  to
accompany the  Meritorious  Service  Medal  (MSM)  awarded  for  the  period
8 December 1991 to  11 February  1999.   While  it  cannot  be  conclusively
determined whether the absence of the MSM citation was the sole  reason  for
the applicant's nonselection for promotion by the FY03 board, we do  believe
that  it  served  to  deprive  him   of   fair   and   equitable   promotion
consideration.  In view of this, and since  the  Reserve  Officer  Personnel
Management  Act  does  not  provide  ARPC  the  authority  to  hold  Special
Selection Boards (SSBs) for PV promotion boards, we recommend  his  records,
to include the MSM citation, be considered  for  promotion  to  the  Reserve
grade of lieutenant  colonel  by  an  SRB  for  the  FY03  Line  and  Health
Professions Lieutenant Colonel Position Vacancy Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, to include the citation to accompany the  Meritorious  Service
Medal awarded for  the  period  8 December  1991  to  11 February  1999,  be
considered for promotion to the  grade  of  lieutenant  colonel,  Air  Force
Reserve, by a Special Review Board (SRB); and his records  be  evaluated  in
comparison with the records of officers who were and were  not  selected  by
the Fiscal Year 2003 (FY03) Line and Health Professions  Lieutenant  Colonel
Position Vacancy Selection Board, and if recommended for  promotion  by  the
SRB, the Air Force Board for Correction of Military Records  be  advised  of
that recommendation at the earliest practicable date so that  all  necessary
and appropriate actions may be taken.

If he is not recommended for promotion by the SRB,  the  office  of  primary
responsibility advise him accordingly.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03774
in Executive Session on 10 April 2003, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Ms. Cheryl Jacobson, Member
                       Mr. James W. Russell, III, Member

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

    Exhibit A.  DD Form 149, dated 11 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 7 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 25 Jan 03, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair

AFBCMR BC-2002-03774




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, to include the citation to accompany the Meritorious
Service Medal awarded for the period 8 December 1991 to 11 February 1999,
be considered for promotion to the grade of lieutenant colonel, Air Force
Reserve, by a Special Review Board (SRB); and his records be evaluated in
comparison with the records of officers who were and were not selected by
the Fiscal Year 2003 (FY03) Line and Health Professions Lieutenant Colonel
Position Vacancy Selection Board, and if recommended for promotion by the
SRB, the Air Force Board for Correction of Military Records be advised of
that recommendation at the earliest practicable date so that all necessary
and appropriate actions may be taken.

      If he is not recommended for promotion by the SRB, the office of
primary responsibility advise him accordingly.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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