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AF | BCMR | CY2003 | BC-2003-00795
Original file (BC-2003-00795.doc) Auto-classification: Approved





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00795
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His Officer Performance Report (OPR) closing 16 May 02 be  replaced
with a revised OPR that includes  a  recommendation  for  Professional
Military Education (PME).

2. His duty titles, including significant additional duties, from  the
period 2 June 1993 through 10 August 1996, his overseas duty  history,
Air Medal (AM) and Aerial Achievement Medal  (AAM)  be  added  to  his
Officer Performance Brief (OPB).

3. The citation to accompany the award of the Air  Force  Commendation
Medal (AFCM) for the period 27 July 1999 to 30 October 2002  be  added
to his Officer Selection Record (OSR).

4. He be considered for promotion to the grade  of  major  by  Special
Selection Board (SSB) for the  calendar  year  2002B  (CY02B)  central
major selection board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPB was missing his duty titles from 2  June  1993  to  10  August
1996, significant additional duties on some of his  duty  titles,  his
overseas duty history, and his AM and AAM.   Additionally,  his  rater
unintentionally left out a PME recommendation from his OPR that closed
on 16 May 2002, and that his citation for his AFCM, was  missing  from
his OSR.  He believes that, due to  these  administrative  errors  and
injustices, his OSR did not properly represent him or his career  when
he met the CY02B central major selection board.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, a copy of the  corrected  OPR,  copies  of  the  wrong  and
corrected Pre-selection brief, a copy of  a  letter  from  a  military
personnel flight commander  claiming  responsibility  for  applicant’s
erroneous information meeting the board and, a copy of a  letter  from
the Evaluation Reports Appeal Board (ERAB).

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

_________________________________________________________________


STATEMENT OF FACTS:

The applicant is currently serving on active  duty  in  the  grade  of
captain.  He has one nonselection to the grade of major by  the  CY02B
central major selection board.   His  last  eight  OPR’s  all  reflect
“Meets Standards.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  reviewed  this  application  to  address  the  applicant’s
request to have his Officer Performance Report  (OPR)  closing  16 May
2002, be replaced with an edited version to include  a  recommendation
for Professional Military Education (PME).  DPPPE recommended  denial.
The applicant had previously applied to  the  ERAB  where  relief  was
denied on the basis that the evaluators who signed the report  in  the
rating chain should have corrected this  “error”  before  signing  it.
Additionally, the ERAB found that a simple willingness  by  evaluators
to upgrade, rewrite, or void a report is not a valid basis  for  doing
so.  DPPPE defers to the finding by the ERAB and states that the  time
to make changes is before the  report  becomes  a  matter  of  record.
DPPPE indicates the applicant’s OPR is neither  unjust  nor  in  error
and, IAW DOD Directive 1320.11, paragraph 4.3,  “A  Special  Selection
Board  shall  not…consider  any  officer  who  might,  by  maintaining
reasonably careful records, have discovered and taken steps to correct
that error or omission on which the original board based its  decision
against promotion.”  DPPPE notes that there are no comments  from  the
evaluator’s accompanying the appeal.

AFPC/DPPPE’s complete evaluation is at Exhibit C.

AFPC/DPAO states that the revised Officer Selection Brief (OSB), dated
3 March 2003, is accurate for duty history, awards,  and  decorations.
The applicant's current  MPF  has  obtained,  reviewed,  and  verified
supporting documentation and has updated the applicant's duty history.
 DPAO defers to AFPC/DPPPO for SSB consideration.

AFPC/DPAO’s complete evaluation, with attachments, is at Exhibit D.

AFPC/DPPPO notes that the applicant’s request for SSB consideration to
include corrected duty history from 1997 and  earlier,  overseas  duty
history ending 8 September 1998 and the citation  for  the  AFCM  from
five years ago is untimely and recommends denial due to lack of merit.
 The applicant states that he was missing four duty title  entries  on
his OSB but  DPPPO  has  been  able  to  identify  only  three.   That
notwithstanding, they note the applicant displayed  due  diligence  in
trying  to  rectify  those  errors.   Therefore,  DPPPO  supports  SSB
consideration on this  issue.   Regarding  applicant’s  overseas  duty
history, DPPPO points out that  the  board  was  fully  aware  of  his
overseas duty history as it was documented on  his  OPRs.   These  are
considered minor administrative omissions that would not result in his
nonselection  for  promotion  and   therefore   do   not   merit   SSB
consideration.  Regarding  the  applicant’s  decorations  contentions,
DPPPO states that while the AFCM was, indeed, missing  from  his  OSR,
the board was aware of it’s existence as evidenced by it inclusion  on
his OSB.  Additionally, the accomplishments normally included  on  the
citation were listed in his OPRs.  Therefore DPPPO contends  that  the
absence of the citation from the OSR does not  constitute  a  material
error.  In summary, DPPPO recommends partial approval  of  the  appeal
for SSB consideration  with  inclusion  of  the  missing  duty  titles
effective 3 Jun 93, 9  Mar  94,  and  14  Dec  94.   DPPPO  recommends
disapproval of SSB consideration to include duty titles  effective  11
Aug 96, 2 Mar 97, and 8 Oct 98 reflecting  “Chief  of  Training,”  his
overseas history and AFCM citation.

AFPC/DPPPO’s complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  responded  with  a  respectful  request  to   expedite
processing as he would like  to  meet  the  22  September  2003,  SSB.
Regarding the replacement of the OPR ending 14 May 03  with  one  that
recommends PME, he wants the Board to consider operations tempo at the
time and the fact that the he was  not  afforded  time  to  perform  a
complete assessment of his OPR prior  to  the  board.   Regarding  the
comment  that  statements  from  the   OPR   evaluating   chain   were
conspicuously absent from his appeal, he states  that  he  sent  those
comments with his package but that they somehow went missing.  He  has
included copies of those statements as attachments  to  his  rebuttal.
Notwithstanding the fact that the evaluation from  DPPPO  states  that
OPB’s and  OSB’s  should  not  include  duty  title  information  that
invalidates previous OPRs, he reiterates his  request  that  the  duty
title “Chief of  Training”  be  included  on  his  OSB  and  OBP  with
effective dates of 11 Aug 96 and 2 Mar 97.  He  respectfully  requests
that his OPB/OSB include the duty title “Chief of  Training”  with  an
effective date of 8 Oct 01 as he exceeded the 60 day minimum  required
to add a duty title to an OPB.  He notes  that  he  held  three  other
significantly different additional duties: “Chief of  Mission  Plans,”
“Chief of Training,” and “Special Assistant  to  the  Commander.”   He
notes that these changes were supposed  to  have  been  made  when  he
became aware of them while stationed at RAF Lakenheath but  were  not.
He feels as though his OPB did  not  reflect  his  career  progression
adequately and was told that promotion board members rely  heavily  on
the OSB.  He finishes with a short summary and the  comment  that  his
commanders, previous and current, feel he should have been promoted to
major.  He is confident that the Board will find him  a  hard  working
and reliable officer deserving of promotion.

The applicant’s response, 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or  injustice  pertaining  to  the  applicant’s
Officer Performance Report (OPR) ending 16 May  02.   After  reviewing
the evidence of record, which  includes  statements  from  the  rating
chain, we are not persuaded that the contested report is an inaccurate
assessment of applicant’s performance  at  the  time  the  report  was
submitted.  In the absence of evidence showing that the  rating  chain
members intended to  include  PME  recommendation  at  the  time  they
prepared the  contested  report,  we  find  no  basis  upon  which  to
recommend approval of this portion of his appeal.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice regarding the applicant’s  request  to
be considered for promotion by SSB based on errors on his OSB and  the
omission of the AFCM citation from his record.  We note that  the  Air
Force concurs that the applicant’s  record  was  not  up-to-date  when
considered by the CY02B selection board.  Whether or not these  errors
caused his nonselection cannot be determined; however, we believe that
these errors deprived him of fair and equitable consideration  by  the
board in question.  Therefore, we recommend that his corrected  record
be considered by SSB.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the OSB  reflecting  the  additional
duty titles of Student Navigator, RF-4 Student Weapons Systems Officer
(WSO), and RF-4 WSO from 3 June 1993, 9 March 1994,  and  14  December
1996, respectively, and the citation to accompany  the  AFCM  for  the
period 11 August  1996  through  9 October  1998,  be  considered  for
promotion to the grade of major by Special  Selection  Board  for  the
Calendar Year 2002B Central Major Selection Board.
______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 2003, under the provisions of AFI 36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Mike Novel, Member
      Mr. James A. Wolffe, Member






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

    Exhibit A.  DD Form 149, dated 1 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 14 May 03.
    Exhibit D.  Letter, AFPC/DPAO, dated Jun 03, w/atchs.
    Exhibit E.  Letter, AFPC/DPPPO, dated 7 Jul 03.
    Exhibit F.  Letter, SAF/MRBR, dated 18 Jul 03.
    Exhibit G.  Letter, Applicant, dated 29 Jul 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary





AFBCMR BC-2003-00795




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 OSB reflecting the
additional duty titles of Student Navigator, RF-4 Student Weapons
Systems Officer (WSO), and RF-4 WSO from 3 June 1993, 9 March 1994,
and 14 December 1996, respectively, and the citation to accompany the
AFCM for the period 11 August 1996 through 9 October 1998, be
considered for promotion to the grade of major by Special Selection
Board for the Calendar Year 2002B Central Major Selection Board.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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