RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00015

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) be corrected to reflect the  correct
duty title, completion of the Joint Forces Staff College/JPME Phase II
and  he  receive  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of lieutenant colonel  for  the  Calendar  Year
2001B (CY01B) Lieutenant Colonel Central Selection Board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The OSB listing of the duty title  as  “Senior  Intelligence  Officer”
from 1 July 1999 to 25 April 2001 is erroneous; he served DIA  as  the
“Chief of Strategic Issues”  throughout  his  assignment;  his  career
assignment  history  did  not   accurately   reflect   a   progressive
advancement in responsibility from the Deputy Director of the  Defense
Language Institute to the Chief of Strategic Issues at DIA.   The  OSB
did not list his completion of the  Joint  Forces  Staff  College/JPME
Phase II; if included and combined with his JDA tour of duty  at  DIA,
his  achievements  and  qualifications  for  0-5  candidacy  would  be
accurate and significantly enhanced.

In support of his appeal, the applicant submitted a copy of  his  OSB,
emails, a letter correcting his duty title, and  DIA  Form  209,  Duty
Assignment Memorandum.

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 major.

The applicant’s request for SSB consideration based on erroneous  duty
title is untimely; however, the  claim  regarding  his  PME  data  was
submitted in a timely manner.

Applicant was considered and not selected for promotion to  the  grade
of  lieutenant  colonel  by  the  CY01B  Central  Lieutenant   Colonel
Selection Board.

____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and time-bar the request  regarding  his
duty title.  By law, an applicant must file a claim within three years
of the date of discovery of the alleged error or injustice (10  U.S.C.
1552[b]).   Clearly,  the  alleged  error  was  discoverable  when  it
occurred.  While they would normally recommend the application  merely
be denied as untimely, they are aware the AFBCMR must  adhere  to  the
decision in the case of Detweiler v. Pena, 38F.3d591 (D.C. Cir  1994),
which prevents application of the statute’s time-bar if the  applicant
files while still on active duty.  The  test  to  be  applied  is  not
whether the applicant discovered the error  within  three  years,  but
whether, through due diligence, they were  discoverable  (see  OpJAGAF
1988/56, 28 Sep 88, and the cases cited therein).

However, each officer  eligible  for  promotion  receives  an  officer
preselection brief (OPB)  90-100  days  prior  to  the  central  board
convening date.  The OPB contains data that will appear on the OSB  at
the central board.  Written instructions attached to the OPB and given
to  the  officer  before  the  central  selection  board  specifically
instruct him to carefully  examine  the  brief  for  completeness  and
accuracy.  If any errors are found, he  must  take  corrective  action
prior  to  the  selection  board,  not  after  it.   The  instructions
specifically state, Officers will  not  be  considered  by  a  Special
Selection Board if, in exercising reasonable  diligence,  the  officer
should have discovered the error or omission in  his/her  records  and
could have taken timely corrective action.”   The  applicant  provided
documentation demonstrating his attempts to  correct  his  duty  title
prior to the board; however, did not follow up to insure his  OSB  had
been updated correctly.  Furthermore, written instructions attached to
the OPB explained the opportunity  of  communicating  with  the  board
president by writing a letter to the board  as  well.   The  applicant
could have used these means to  inform  the  board  president  of  the
correct duty history.  They have  verified  that  he  elected  not  to
exercise this entitlement.

Although the 1 July 1999 duty title data was incorrect on the OSB,  it
was correctly  reflected  on  the  applicant’s  corresponding  Officer
Performance Report (OPR).  As such, they believe the board was able to
distinguish the difference between the information on the OSB, and the
information reflected on the OPR.

Additionally, while it may be argued that the incorrect duty title was
a factor in the applicant’s nonselection, there is not clear  evidence
that this data negatively impacted his promotion opportunity.  Central
boards evaluate the entire officer selection  record  assessing  whole
person factors such as job performance, professional qualities,  depth
and breadth of experience, leadership, and academic  and  professional
military education.  They are not convinced the  administrative  error
in  the  duty  title  contributed   to   the   applicant’s   promotion
nonselection.

AFPC/DPPPO complete evaluation is at Exhibit C.

AFPC/DPAO  deferred  to  AFPC/DPPPO  for   Special   Selection   Board
consideration.

AFPC/DPAO complete evaluation is at Exhibit D.

AFPC/DPAPD reviewed the officer’s records and have determined that the
officer’s OSB did in fact accurately reflect all  the  required  joint
data fields for joint promotion consideration.  Furthermore,  as  with
all joint officers who have completed JPME II, the officer’s  training
report was included in his records thus clearly available to promotion
board.

The Instruction  Sheet  for  Review  of  Preselection  Briefs  clearly
explains the type of data  populated  in  the  “Professional  Military
Education” field  of  the  OPB/OSB.   Only  those  military  education
courses listed in AFI 36-2301, Professional Military Education, appear
in this area of  the  OPB/OSB  (i.e.,  SOS  or  equivalent  for  major
eligibles).   Additionally,  the  instruction  sheet  further  states,
“…completion of JPME Phase II (JFSC-resident 12 week TDY) will not  be
reflected on the OSB, which the board actually  reviews.”   Rationale:
Joint Forces Staff College is an assignment-related  course,  not  PME
per se.  In lieu of this data being populated in the PME field of  the
OSB, a training report documenting attendance is included  along  with
the OPRs.

AFPC/DPAPD complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and  stated  that  he
has a long record of dedicated uniformed service.  Furthermore, he has
multiple AFSC’s and substantial  “hard  target”  intelligence  skills,
training and experiences.  He is a  PME  Phase  II  graduate,  and  he
received the Defense Meritorious Service Medal four times  during  his
15 years of commissioned duty.  In short, he has great  potential  and
enthusiasm for future service, and he respectfully  requests  a  full,
fair and objective consideration of his suitability for  promotion  to
lieutenant colonel through SSB review.

Applicant’s complete response 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 an error or injustice.  After reviewing the  complete
case file, to include statements from his rating chain, we noted  that
the applicant’s Officer Selection Brief  (OSB)  did  not  reflect  his
correct duty  title  as  Chief  of  Strategic  Issues.   Whether  this
information was sufficiently significant to alter the results  of  the
CY01B Lieutenant Colonel Central Selection Board is a question we  are
unable to  answer  on  the  basis  of  the  evidence  presented  here.
Nevertheless,  we  believe   that   the   applicant   was   improperly
disadvantaged because of the absence of the data that should have been
reflected  on  his  OSB  prepared  for  the  CY01B  selection   board.
Accordingly, in an effort to remove any possibility of an injustice to
the applicant, we recommend that his record be corrected as  indicated
below.  His request pertaining to his completion of the  Joint  Forces
Staff College/JPME Phase II course was considered, however, it appears
that it is documented on a training report and not in the Professional
Military Education field of the OSB.

_________________________________________________________________

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 (OSB) prepared for the Calendar Year  2001B  Lieutenant  Colonel
Selection Board be amended to  reflect  a  duty  title  of  “Chief  of
Strategic Issues”, effective 1 July 1999.

It is further recommended that his records, as amended, be  considered
for promotion to the grade of lieutenant colonel by Special  Selection
Board for the CY01B Lieutenant Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00015 in Executive Session on 15 July 2003, under  the  provisions  of
AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Mr. Kenneth Dumm, Member
            Mr. Albert J. Starnes, Member

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

      Exhibit A. DD Form 149, dated 30 Dec 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 26 Mar 03.
      Exhibit D. Letter, AFPC/DPAO, dated 10 Feb 03.
      Exhibit E. Letter, AFPC/DPAPD, dated 20 Feb 03
      Exhibit F. Letter, SAF/MRBR, dated 4 Apr 03.
      Exhibit G. Applicant’s Response, 30 Apr 03.




            RICHARD A. PETERSON
            Panel Chair

   AFBCMR BC-2003-00015




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  Officer
Selection Brief (OSB) prepared for the Calendar Year 2001B  Lieutenant
Colonel Selection Board be amended to reflect a duty title  of  “Chief
of Strategic Issues”, effective 1 July 1999.

           It is further directed that his  records,  as  amended,  be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the Calendar Year 2001B Lieutenant Colonel Central
Selection Board.









            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency