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AF | BCMR | CY2003 | BC-2003-00422
Original file (BC-2003-00422.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00422
            INDEX NUMBER:  107.00; 131.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The awards and decorations he was awarded between  1986  and  1992  be
included in his officer section record (OSR).

He be granted promotion consideration to the grade of major by special
selection boards (SSB) by the calendar year (CY) 2000A, CY00B,  CY01A,
CY02A, and the CY02B Central Major Selection Boards  with  the  awards
and decorations he earned from 1986 to 1992 included in his OSR.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The awards and decorations he earned from 1986 to 1992 are absent from
his personnel records.  He has taken corrective action  at  his  local
military personnel flight, with limited success.  The  missing  awards
and decorations placed him at a disadvantage when  he  was  considered
for promotion.

His late discovery of the missing awards and decorations is  primarily
due to his frequent TDYs and the resulting absence of  access  to  his
SURF and Air Force Officer  Preselection  Brief  (OPB)  prior  to  the
Promotion Board.

In support of his appeal, applicant provides copies  of  his  DD  Form
214, Air Force Preselection Briefs from two previous boards, a copy of
an Air Force Commendation Medal (AFCM) he was awarded for the period 9
Jan 91 to 31 Dec 92, and a letter of support from his commander.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
captain.  The applicant initially served on active duty from 12 Dec 85
to 31 Dec 92.  He transferred to  the  Air  Force  Reserves  upon  his
separation.  His DD Form 214 reflects  that  he  was  awarded  the  AF
Outstanding Unit Award, National Defense Service Medal, Southwest Asia
Service Medal with 1 Bronze Star, AF Longevity Service  Award  Ribbon,
and the AF Training Ribbon.  On 3 Apr 03, the applicant’s DD Form  214
was administratively corrected to add the AFCM he was awarded in 1992.

The applicant entered active duty again on 5  Sep  97.   He  has  five
nonselections to the grade of major by the CY00A, CY00B, CY01A, CY02A,
and CY02B Central Major Selection Boards.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial  of  the  applicant’s  requests.   Each
officer eligible for promotion received an OPB 90-100  days  prior  to
the convening of each central board.  The OPB contains data that  will
appear on the Officer Selection  Brief  (OSB).   Written  instructions
attached to the OPB and  given  to  the  officer  before  the  central
selection board specifically instruct the officer to carefully examine
the brief for completeness and accuracy.  If  any  errors  are  found,
they must take corrective action prior to  the  selection  board,  not
after it.  The instructions specifically state, “Officers will not  be
considered by an SSB  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.”   They  also
reviewed the applicant’s OSR and found that based on the special order
date of 25 Nov 92, the AFCM should have been updated around that  date
and should have been on file for the CY00A, CY00B,  CY01A,  and  CY02A
boards.  The decoration met the CY02B board.  The applicant  was  sent
an OPB for each of the respective boards and failed to ensure his  OSR
was accurate for four consecutive boards.   He  has  not  demonstrated
“reasonable diligence” in ensuring his record was  accurate  prior  to
any one of the four selection boards.

Additionally, the applicant’s request  that  all  of  the  awards  and
decorations he was awarded between 1986 and 1992 be  included  in  his
OSR is unfounded.  Only  those  decorations  listed  in  the  Military
Personnel Flight Memorandum (MPFM) for each board  are  considered  in
the promotion process.  Only the AFCM would have been considered.

The complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 Apr 03 for his review and comment  within  30  days.   To  date,  a
response has not been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00422 in Executive Session on 21 May 2003, under the provisions of AFI
36-2603:

      Mr. Thomas J. Topolski, Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 14 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.




                                   THOMAS J. TOPOLSKI
                                   Panel Chair

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