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AF | BCMR | CY2003 | BC-2002-03869
Original file (BC-2002-03869.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03869
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His Officer Pre-Selection Brief (OPSB) for the  CY01A  Colonel  Selection
Board be corrected to reflect his correct duty history.

2. His Officer  Selection  Record  (OSR)  prepared  for  the  CY01A  Colonel
Selection Board be corrected to include award  of  the  Meritorious  Service
Medal, Second Oak Leaf Cluster, (MSM, 2OLC) for the period 1 July 1998 to  9
July 2001 and that he receive Special Selection  Board  (SSB)  consideration
for promotion to the grade of colonel for the Calendar Year CY01A  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Despite numerous efforts to correct the errors, at the  time  of  the  CY01A
colonel promotion board, his records for overseas tours showed that  he  had
a single tour to a classified location from August 1990 through  July  2001.
He had a second overseas tour to Misawa AB, Japan  from  July  1998  through
July 2001.  In addition, he was awarded an MSM at the end of his  assignment
in Misawa, but due to delays beyond his control, this was not posted to  his
records until after the promotion board.  He believes both errors  may  have
negatively influenced his promotion consideration.

In support of his appeal, the applicant provided a  copies  of  his  Officer
Pre-Selection Brief, dated 5 October  2001  and  12  October  2001,  Officer
Selection Brief (OSB) prepared on 19 October  2001  for  the  CY01A  Colonel
Promotion Board, and other documentation.

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

_________________________________________________________________




STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
lieutenant colonel, with a date of rank of 26 June 1996.  His  Total  Active
Federal  Military  Service  Date   (TAFMSD)   and   Total   Active   Federal
Commissioned Service Date (TAFCSD) are 22 February 1989.

Special Order GA-12, dated 2 January 2002, awarded  the  MSM  2OLC,  to  the
applicant for service performed during the period 1  July  1998  to  9  July
2001.

At the time  the  CY01A  Colonel  Board  convened  (22  October  2001),  the
applicant’s Officer Selection Brief (OSB) did not reflect  that  he  had  an
assignment to Misawa, Japan.  The OSB reflected an overseas assignment to  a
classified location from 14 August 1990 to 9 July 2001.  Among other  awards
shown, the OSB also reflected award of the MSM 1OLC  (1998).   According  to
AFPC/DPAMF2 the applicant’s record has  been  corrected  and  reflects  both
overseas assignments.

The applicant was selected above-the-promotion zone (APZ) to  the  grade  of
colonel by the CY02A (28 October 2002) colonel selection board.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 30 Jun 95              Meets Standards (MS)
                 30 Jun 96                                    (MS)
                 30 Jun 97                   (MS)
                 30 Jun 98                   (MS)
                 30 Jun 99                   (MS)
                       30 Jun 00                   (MS)
                       30 Jun 01                   (MS)
                 30 Jun 02                   (MS)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 indicates that the applicant’s OSB  did  not  contain  a  second
overseas (OS)  assignment  to  Misawa,  Japan  when  the  CY01A  board  met.
Applicant attempted to correct his record prior to the board  by  contacting
the Military Personnel Flight (MPF) in person, by e-mail  and  phone  calls.
Applicant states the MPF stated the problem could be  related  to  migration
to the new database (MilPDS) and therefore was the reason the OS  assignment
was previously on his record as  shown  on  his  Active  Duty  Officer  Data
Verification Brief dated 30 October 2002.

The evaluation is at Exhibit C.

AFPC/DPPPO recommended approval of the request for  SSB  consideration  with
correct  overseas  duty  history  on   applicant’s   OSB.    However,   they
recommended denial of the request for SSB consideration  with  inclusion  of
the MSM, 2OLC.  They indicated  that  they  disagree  with  the  applicant’s
contention that his MSM, 2OLC decoration was missing from his  OSR  when  it
met the CY01A board.   He  included  a  copy  of  the  citation  and  orders
awarding him the MSM, 2OLC.  However, although the period of the  decoration
was through 9 July 2001, the orders  were  not  published  until  2  January
2002.  As directed in AFI 36-2803, paragraph  3.1,  the  applicant’s  rating
chain has up to two years to submit a recommendation  for  decoration  after
the service was performed.  For purposes of including this decoration  in  a
board that convened on 22 October 2001, the decoration did  not  yet  exist.
The decoration was not required to be  updated  in  the  military  personnel
data system, and  on  file  in  his  record,  until  2 February  2003.   The
decoration was not a matter of record at the time the  CY01A  colonel  board
convened on 22 October 2001.

The applicant contends his overseas duty history was not  reflected  on  his
OSB.  The applicant provided copies of his 5 October  2001  and  12  October
2001 Officer Preselection Briefs (OPBs) showing his progress  in  correcting
some of the errors, and  provided  a  letter  from  his  Military  Personnel
Flight attesting to his attempts to correct his record prior to  the  board.
The applicant exercised due diligence in attempting to  correct  his  record
prior to the board.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 February 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or injustice warranting partial  relief  with  respect
to his overseas history on the Officer Selection Brief  (OSB)  prepared  for
the CY01A Central Colonel Selection Board.   HQ AFPC/DPAMF2  indicates  that
the applicant’s record has been corrected to accurately reflect both of  his
overseas assignments.  AFPC/DPPPO indicates  that  the  applicant  exercised
due diligence in attempting to correct his records prior to the CY01A  board
and recommends his records be  corrected.   Therefore,  the  Board  majority
recommends the applicant’s records be  corrected  to  the  extent  indicated
below  and  he  be  provided  Special  Selection  Board  consideration   for
promotion to the grade of colonel by the CY01A board.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of  an  error  or  injustice  regarding  the  applicant’s  request
pertaining to the award of the Meritorious Service Medal,  Second  Oak  Leaf
Cluster, (MSM, 2OLC).  After thoroughly reviewing the  evidence  of  record,
and noting the applicant’s  contentions,  we  are  not  persuaded  that  his
records were incomplete at the time he was considered for promotion  by  the
CY01A board.  We note that the special  order  awarding  the  MSM  2OLC  was
published after the CY01A board convened.  Although the  applicant  contends
there were multiple administrative delays at Misawa which prevented the  MSM
2OLC from being posted to his selection record before  the  selection  board
convened, we note that a decoration  is  not  required  to  be  filed  in  a
member’s  records  until  60  days   after   the   orders   are   published.
Furthermore, it does not appear that the  decoration  was  processed  in  an
untimely manner.   It  is  noted  that  in  accordance  with  the  governing
instruction, the applicant’s rating chain has up to two years  to  submit  a
recommendation for decoration after the service  was  performed.   Absent  a
showing by his rating chain that it was their intent to have  the  award  on
file at the time the selection board convened, we find no  compelling  basis
to recommend granting this portion of the requested relief.

_________________________________________________________________

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 2001A  Central  Colonel  Selection  Board  be
amended in the overseas  duty  history  section  to  reflect  the  following
Inclusive Dates: 25 July 1998 to 19 May 2001,  Location  Misawa,  Japan  and
“14 August 1990 to 31 March 1991,  Location  “Classified”  and  that  he  be
considered for promotion to the grade of colonel by Special Selection  Board
for the CY01A and any subsequent boards for which the corrections  were  not
a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
03869 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 recommended granting the  applicant’s  request
that his OSB for the CY01A Colonel Board reflect  his  correct  duty  titles
and he receive SSB consideration.  Mr. Sheuerman voted to  deny  applicant’s
request and does not wish to submit a Minority Report.   All  members  voted
to deny applicant’s request pertaining  to  the  MSM  2OLC.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMF2, dated 16 December 2002,
   Exhibit D.  Letter, AFPC/DPPPO, dated 29 January 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 21 February 2003.




                 PHILIP SHEUERMAN
                 Panel Chair




AFBCMR BC-2002-03869





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 2001A Central Colonel Selection Board be
amended in the overseas duty history section to reflect the following
Inclusive Dates:  25 July 1998 to 19 May 2001, Location Misawa, Japan and
“14 August 1990 to 31 March 1991, Location “Classified” and that he be
considered for promotion to the grade of colonel by Special Selection Board
for the CY01A and any subsequent boards for which the corrections were not
a matter of record.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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