RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03931
            INDEX CODE:  111.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

The duty title on his Officer Performance Report (OPR),  rendered  for
the period 17  May  01  through  16  May  02,  be  corrected  to  read
“Bioenvironmental   Engineering   Flight   Commander”   rather    than
“Bioenvironmental Engineer”; and, that he be considered for  promotion
to the grade of lieutenant colonel  by  the  next  Lieutenant  Colonel
Selection Board in 2003.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The incorrect  duty  title  on  the  contested  OPR  resulted  in  his
nonselection for promotion to lieutenant  colonel  by  the  Biomedical
Sciences Corps (BSC) Central Lieutenant  Colonel  Selection  Board  in
2002.

In support of his  request,  applicant  submits  copies  of  his  OPRs
closing 16 May 01 and 16 May 02, a MIL-PDS  duty  history  report  and
electronic mail from the local military personnel flight  (MPF).   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
15 Nov 81.  He was progressively  promoted  to  the  grade  of  major,
effective and with a date of rank of 1 Apr 93.   The  following  is  a
resume of his OPR ratings subsequent to his promotion to that grade.

            Period Ending    Evaluation

                  31 Dec 93  Meets Standards (MS)
                   7 Jan 95  MS
                   7 Jan 96  MS
            #      7 Jan 97  MS
            ##     7 Jan 98  MS
                   7 Jan 99  MS
            ###    1 Sep 99  MS
            ####  16 May 00  MS
            ##### 16 May 01  MS
                  16 May 02  MS

*  Contested OPR

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY97D  Central  Lieutenant
Colonel Board, which convened on 5 Nov 97.

## Top report at the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY98B  Central  Lieutenant
Colonel Board, which convened on 1 Jun 98.

### Top report at the time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY99B  Central  Lieutenant
Colonel Board, which convened on 30 Nov 99.

#### Top report at the time he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY00A  Central  Lieutenant
Colonel Board, which convened on 28 Nov 00.

##### Top report at the time he was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY01B  Central  Lieutenant
Colonel Board, which convened on 5 Nov 01.

Information extracted from the Military Personnel Data System  reveals
that,  effective  1  May  01,   the   applicant’s   duty   title   was
“Bioenvironmental Engin Flt CC.”  Similar information is reflected  on
the applicant’s Officer Selection Brief (OSB), which was prepared  for
the (P0501B) CY01B Central Lieutenant Colonel Selection Board.

The applicant was relieved from active duty in the grade of  major  on
30 Nov 02 and retired, effective 1 Dec 02, under the provisions of AFI
36-3207 (sufficient service for  retirement).   At  the  time  of  his
retirement, he had completed a total of 21 years and 16 days of active
service.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAMF2 recommends the  requested  duty  title  change  on  the
contested OPR be denied.  DPAMF2 indicated that the  applicant’s  duty
title on the contested OPR is not considered to be  in  error  by  the
Chief, BSC Utilization and Education Branch.  DPAMF2  states  that  no
evidence  exists   that   would   indicate   the   applicant   was   a
Bioenvironmental Engineering Flight Commander between 17 May 01 and 16
May 02.  In  addition,  the  applicant  did  not  meet  the  2002  BSC
Lieutenant Colonel Selection Board.  In order to be eligible  to  meet
this selection board, a DOS of 10 Feb 03 or later was required and the
applicant’s date DOS was 30 Nov 02.  The HQ AFPC/DPAMF2 evaluation  is
at Exhibit C.


HQ AFPC/DPPPE recommends  the  requested  duty  title  change  on  the
contested OPR be denied based on the HQ AFPC/DPAMF2  evaluation.   The
HQ AFPC/DPPPE evaluation is at Exhibit D.


HQ  AFPC/DPPPO  recommends  the  applicant’s  request  for   promotion
consideration by a 2003 BSC Central Lieutenant Colonel Selection Board
be denied.  After researching their  records,  DPPPO  found  that  the
applicant did not meet the CY02B (P0502B) Central  Lieutenant  Colonel
Selection Board.  To reiterate  the  board  criteria  for  the  P0502B
board, an officer was required to have a DOS of 10 Feb 03,  or  later,
to be considered for the P0502B board.  The applicant’s DOS was 30 Nov
02 and his retirement was  effective  1  Dec  02.   According  to  the
governing  Air  Force  instruction,  officers  are  not  eligible  for
consideration by a selection board or for promotion if they are not on
the Active Duty List (ADL).  Therefore, the applicant was not eligible
to meet the P0502B board or any scheduled central  lieutenant  colonel
selection boards  thereafter.   DPPPO  indicates  that  there  are  no
Biomedical Sciences Corps (BSC) Central Lieutenant  Colonel  Selection
Boards scheduled for 2003.  The HQ AFPC/DPPPO evaluation is at Exhibit
E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided evidence that
he was a Bioenvironmental Engineering Flight Commander between 17  May
01 and 16 May 02.  The evidence consists of a copy  of  Special  Order
No. GAC-004, dated 7 Oct 02, awarding the  applicant  the  Meritorious
Service Medal, First Oak Leaf  Cluster,  (MSM  1OLC)  for  meritorious
service, during the period 16 Sep 99 to 30  Nov  02,  along  with  the
citation to accompany the MSM 1OLC.  He asks that  the  Board  approve
his request to have his duty title changed on the report in  question.
The applicant’s complete submission, with attachments, 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  warranting  correction  of  the  duty
title on the contested  OPR.   In  this  respect,  we  note  that  the
requested  duty  title   of   “Bioenvironmental   Engineering   Flight
Commander” is reflected on the citation accompanying the award of  the
MSM 1OLC during the period in question, as well as on the  applicant’s
P0501B Officer Selection Brief (OSB) and  in  the  Military  Personnel
Data System (MilPDS).  In view of the above,  we  recommend  that  the
applicant’s duty  title  on  the  contested  report  be  corrected  as
indicated below.   Although  we  have  recommended  a  change  to  the
contested OPR, we note that the contested OPR  was  not  a  matter  of
record when he was considered for  promotion  to  lieutenant  colonel;
therefore, SSB consideration is not  an  issue  in  this  matter.   In
addition, we note that the applicant did not meet the selection  board
criteria for promotion consideration by  the  CY02B  (P0502B)  Central
Lieutenant Colonel Selection Board; therefore, he  was  ineligible  to
meet the P0502B selection board or any  scheduled  central  lieutenant
colonel selection boards thereafter.  Hence, his request for promotion
consideration by a selection board in 2003 is a moot issue.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue(s) involved.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected by deleting  Section  III,  Item  1
(Duty Title), of the Field Grade Officer Performance Report, Air Force
Form 707A, rendered for the period 17 May 2001  through  16 May  2002,
and inserting  in  its  place  the  duty  title  of  “Bioenvironmental
Engineering Flight Commander.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 Apr 03, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory A. Parker, Member
              Mr. James W. Russell III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2002-03931.

   Exhibit A.  DD Form 149, dated 27 Nov 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAMF2, dated 20 Jan 03.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 7 Feb 03.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 3 Mar 03.
   Exhibit F.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit G.  Letter from Applicant, dated 3 Apr 03, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2002-03931




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 by deleting Section III, Item
1 (Duty Title), of the Field Grade Officer Performance Report, Air
Force Form 707A, rendered for the period 17 May 2001 through 16 May
2002, and inserting in its place the duty title of “Bioenvironmental
Engineering Flight Commander.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency