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AF | BCMR | CY2003 | BC-2003-00856
Original file (BC-2003-00856.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00856
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be reconsidered by a  Special  Selection  Board  (SSB)  for  the
CY01A   (18   Jun   01)   (P0401A)   central    major    selection    board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His officer selection brief (OSB) reflected an incorrect  command  level  in
the duty history when his records met the P0401A board.  His 13  April  1999
duty assignment reflected his command level as wing/base  (W/B)  instead  of
center (Cen).  His OSB did not reflect an accurate  picture  of  his  career
progression, and that error may have hindered his promotion  opportunity  to
the grade of major.

He made several futile attempts to  get  AFPC  and  his  Military  Personnel
Flight (MPF) to correct his command level on his  OSB;  however,  it  wasn’t
until he made a permanent change of station (PCS)  that  he  was  successful
getting the error corrected by his new MPF.

In support of his application, the applicant  provides  copies  of  his  OSB
prepared on 13 June 2001 as it met  the  P0401A  board,  his  corrected  OSB
prepared on  25  February  2003,  and  e-mail  traffic  trying  to  get  the
correction made in his records.  The applicant’s  complete  submission  with
attachments is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 25 September 1991, the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force (ResAF), and entered active duty on the same  date.
 He is currently serving on active duty in the  grade  of  captain  with  an
effective date and a date of rank of 17  July  1995.   The  following  is  a
resume of the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      24 Sep 92 (2nd Lt)                           MS
      24 Sep 93  (1st Lt)                          MS
      24 Sep 94                                    MS
      24 Sep 95 (Capt)                        MS
      24 Sep 96                                    MS
      19 Jul 97                                    MS
      03 Sep 98                         Training Report (TR)
      23 Mar 99                         Training Report (TR)
      23 Mar 00                                    MS
      23 Mar 01                                    MS
      20 Nov 01                                    MS
      15 Jul 02                                    MS


The applicant was considered and nonselected for promotion to the  grade  of
major by the Central Major Selection  Boards,  which  convened  on  18  June
2001, 19 February 2002, and 3 October 2002.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPASA reviewed  the  applicant’s  case  file  and  only  addresses  the
incorrect OSB information.  DPASA verified that the  correct  command  level
should have been “Cen” versus “W/B” on the applicant’s  OSB.   DPASA  states
the applicant has detailed  his  efforts  to  remedy  this  error  and  they
believe his comments to be both accurate and reflective of  a  problem  many
officers experience.  It is DPASA’s opinion that  the  applicant  exerted  a
reasonable  effort  to  remedy  this  error;  however,  the  error  was  not
corrected until he PCS’d to another location.  The DPASA  evaluation  is  at
Exhibit C.

AFPC/DPPPO  recommends  denial.   DPPPO  states  the  applicant  has   three
nonselections to the grade of major by  the  CY01A  (18  Jun  01)  (P0401A),
CY02A (19 Feb 02) (P0402A), and the CY02B (3 Oct 02) (P0402B) central  major
selection boards.  DPPPEB states that while the  applicant  may  argue  that
the error in the command level in his duty history  played  a  role  in  his
nonselection for promotion, there is no clear evidence  that  it  negatively
impacted his promotion opportunity.  DPPPO states that they do  not  believe
the  administrative  error  caused  his  nonselection  for  promotion,   and
therefore  do  not  recommend  granting  SSB   consideration.    The   DPPPO
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on  2
May 2003 for review and response (Exhibit  E).   As  of  this  date,  this
office has received no response.
_________________________________________________________________

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.  While the applicant’s  OSB  contained  the
incorrect command level history of W/B (wing/base) instead of CEN  (center),
we are not persuaded that this caused his  record  to  be  so  erroneous  or
misleading that the  duly  constituted  selection  board,  vested  with  the
discretionary authority to select officers  for  promotion,  was  unable  to
reach a reasonable decision concerning his promotability in relation to  his
peers.  In this regard, we note that while many factors  are  considered  in
the promotion process, the most important  documents  seen  by  a  promotion
board are an  officer’s  performance  reports.   There  is  nothing  in  the
evidence provided here showing that the documents reporting on  the  quality
of the applicant’s duty performance are in any way erroneous  or  unjust  or
that his duty assignments are improperly recorded on the reports.   We  also
note the email  traffic  submitted  by  the  applicant  to  demonstrate  his
efforts to correct his record  actually  show  that  a  fellow  officer  was
attempting to correct that officer’s record and others  similarly  situated.
The applicant provides no evidence that he  attempted  to  correct  his  own
record.  In view of the above, we find  no  compelling  basis  to  recommend
granting the applicant’s request for SSB consideration.
_________________________________________________________________

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 this application in  Executive
Session on 25 June 2003, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Laurence M. Groner, Member
      Mr. James E. Short, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2003-00856:

      Exhibit A.  DD Form 149, dated 5 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPASA, dated 1 Apr 03.
      Exhibit D.  Letter, AFPC/DPPPO, dated 28 Apr 03.
      Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.




                                                   PHILIP SHEUERMAN
                                                   Panel Chair

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