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AF | BCMR | CY2003 | BC-2003-01106
Original file (BC-2003-01106.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01106
      INDEX CODE 131.01  107.00  111.01  111.04
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Promotion Recommendation Form (PRF) considered by the Calendar
Year 2001A (CY01A) Major Central Selection Board reflect an Air  Force
Specialty Code (AFSC) of “11A3K” rather than “11A2K,” a duty title  of
“Flight  Commander/C-130H  Aircraft  Commander”  rather  than  “Deputy
Flight Commander/Pilot,” and  an  appropriate  career  progression  by
rewording Sections III and IV as proposed in a provided unsigned PRF.

2.  The Officer Selection Brief (OSB) reviewed by the CY01A  board  be
amended to reflect the PME, decorations,  and  assignment  history  as
indicated on the CY02A OSB, and his  Officer  Selection  Record  (OSR)
contain the citations for the Air Force Commendation Medal (AFCM)  1st
Oak Leaf Cluster (1OLC) and 2OLC. [Note: Both the CY01A and CY02A OSBs
should have reflected receipt of the third, not second, AFCM in  2001,
not 1996 - See Statement of Facts and Exhibit D.]

3.  Change the duty titles on the  Officer  Performance  Report  (OPR)
closing 19 Sep 98  to  “SQ  Pilot  Scheduler/C-130H  Pilot,”  the  OPR
closing 19 Sep 99 to “Chief Pilot Scheduling/C-130H  Pilot,”  and  the
OPR closing 19 Sep 00 to “Deputy Flight Commander/C-130H Pilot.”

4.  In the  OPR  closing  19  Sep  99,  change  Professional  Military
Education (PME) recommendation in Section  VI  to  read  “Intermediate
Service School (ISS)” rather than “Squadron Officer School (SOS),” and
in Section VII to read “ISS” rather than “SOS.”

5.  He be afforded Special Selection Board (SSB) consideration for the
CY01A board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Changes submitted to his record did not survive  the  transition  from
PCIII to Milmod; i.e., incorrect PME data, a missing AFCM and  several
errors and omissions with regard to duty history.  As a result of  the
inaccurate duty history, the PRF did not accurately reflect his career
accomplishments and progression. His present  squadron  commander  and
records review advisor both agree the  errors  in  the  PRF  were  the
primary  reason  for  his  nonselection,  although  the  senior  rater
disagreed. Further, his gaining  unit  should  have  written  the  PRF
instead of his previous unit. Since the PRF was written  almost  eight
months prior to the board convening, the  required  changes  were  not
made even though he arrived at his new duty station 65 days  prior  to
the board. The rater at his gaining unit should have signed  the  PRF.
The three OPRs need to have the duty titles changed to match those  on
the Personal Data Record (PDR). All the erroneous information  on  the
CY01A OSB has been corrected in his PDR. The PME recommendation on the
19 Sep 99 report need to be changed from SOS to ISS  due  to  previous
completion of SOS. He was only able to reach the rater of the  19  Sep
98 OPR, who agreed the report was erroneous.

Included in support is a statement from the 19 Sep 98  OPR  rater  who
recommended the  applicant’s  duty  title  be  changed  to  “SQ  Pilot
Scheduler/C-130H Pilot.” Despite the applicant’s request,  the  senior
rater did not support the changes to the  PRF  or  SSB  consideration,
asserting that while he regretted the administrative errors, they were
minor and did not change the information in Section IV or in the OPRs.
The applicant did not provide a new CY01A PRF, only an  unsigned  copy
of the CY02A PRF. His complete submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was awarded the basic AFCM for the period 18 Mar  92  to
27 Jul 94. He was awarded the AFCM 1OLC for the period 28 Jul 94 to  1
Jul 96 on 22 Aug 96.

He completed non-residence SOS in 1996 and SOS in-residence in 2000.

The three OPRs in question and the CY01A PRF were  rendered  when  the
applicant was assigned to the 517th Airlift Squadron at Elmendorf AFB,
AK from approximately 15 Apr 98 to  12  Apr  01.  The  CY02A  PRF  was
rendered when the applicant was assigned to the 40th Airlift  Squadron
at Dyess AFB, TX around 13 Apr 01.

According to a Training Report (TR), AF Form 475, signed on 26 Mar 01,
the applicant attended a 13-week course on ACQ-1-3 Aircraft  Commander
Initial Qualification and Single Ship and SKE/Visual Formation from  2
Nov 00 through 12 Feb 01, giving him an AFSC of “11A3K.”

He was awarded the AFCM 2OLC for the period 15 Apr 98 to 10 Mar 01  on
19 Apr 01, according to Special Order G-00221.

He was considered but not selected for the grade of major by the CY01A
and CY02A boards,  which  convened  on  18  Jun  01  and  19  Feb  02,
respectively. The following board-related information is provided:

      --The CY01A PRF reflected an AFSC of “11A2K” and a duty title of
“Deputy Flight Commander/Pilot.” The CY02A PRF reflected  an  AFSC  of
“11A3K”  and  a  duty  title  of  “Flight  Commander/C-130H   Aircraft
Commander,” which is what the applicant wants on his CY01A  PRF.  Both
PRFs had overall recommendations of “Promote.”

      --The OSBs for both the CY01A and CY02A boards reflected receipt
of two AFCMs,  the  latest  being  awarded  in  1996.  [Note: However,
receipt of the AFCM 2OLC in Apr 01 would mean the  applicant  received
three, not two, AFCMs. Further, according to  HQ  AFPC/DPPPO  (Exhibit
D), the citations for both the AFCM 1OLC and 2OLC  were  missing  from
the applicant’s  OSR.]  The  CY01A  OSB  reflects  “SOS-Residence/Non-
Residence-2000” in the PME section, while the CY02A OSB reflects “SOS-
Residence-2000” and “SOS-Non-Residence-1996” in its PME section.  Both
OSBs reflected an AFSC of “11A3K” on the 13 Apr  01  assignment  entry
(this corresponds with  the  applicant’s  completion  of  the  13-week
course in Feb 01 - see above). The four most recent assignment entries
on the CY02A OSB assignment history were different from the CY01A OSB,
and included the duty titles  the  applicant  is  requesting  for  the
contested OPRs - see Exhibit B.

      --The OPR closing 19 Sep 98 had an AFSC of “11A2K,” a duty title
of “C-130H Pilot” with additional duty as  squadron  pilot  scheduler,
and PME recommendations in Sections VI and VII of “ISS.”

      --The OPR closing 19 Sep 99 had an AFSC of “11A2K,” a duty title
of “C-130H Pilot” with additional duty as  pilot  scheduler,  and  PME
recommendations in Sections VI and VII of “SOS.”

      --The OPR closing 19 Sep 00 had an AFSC of “11A2K, a duty  title
of “C-130H Pilot” with additional duty as deputy flight commander, and
PME recommendations in Sections VI and VII of “ISS.”

The applicant filed a similar appeal under the provisions of  AFI  36-
2401 on 14 Nov 01, after the CY01A board and prior to the CY02A board.
However, on 20 Dec 01, the  Evaluation  Reports  Appeal  Board  (ERAB)
denied his request, making the  following  points:  Since  the  raters
determined the duty titles on OPRs, the  applicant  needed  statements
from each rater of the three contested reports; the SOS recommendation
on the 19 Sep 99 OPR was appropriate because he did not  complete  SOS
in-residence
until 2000;  the  PRF  provided  was  not  signed,  and  comments  and
recommendations would be required from the senior rater who signed the
PRF and the management level review (MLR) president who reviewed it.

The applicant separated on 31 Dec 02 and is currently serving  in  the
Air Force Reserves.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE cited the ERAB’s decision with regard to  the  PRF,  the
OPRs and the PME recommendation. They point out that, with  regard  to
the duty titles on the three contested reports, Section III  indicates
that “squadron pilot scheduler” is listed as an additional duty.  This
indicates the applicant was performing this action  as  an  additional
duty and not full time. It is clearly documented in his record that he
did not  attend  SOS  until  6  Mar  -7  Apr  00.  As  such,  the  SOS
recommendation in his 19 Sep 99 OPR was appropriate. The senior  rater
did not support changes to  the  PRF  or  a  supplemental  board.  The
applicant further contends the new senior rater should have  completed
his  PRF,  which  is  not  authorized.  A  new  PRF  with   supportive
documentation from the senior rater and MLR president is not  provided
as required. While the 19 Sep 98 OPR rater  concurred  with  the  duty
title change, the requested change is already documented on the report
as an additional duty, just as the requested change to the  other  two
reports. The applicant’s contentions are  poorly  supported  and  they
recommend denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO believes the AFCM 2OLC should have been reflected on the
applicant’s CY01A OSB since it was awarded to him prior to  the  CY01A
board convening date. Additionally,  in  reviewing  his  record,  they
noticed the citation for his AFCM 1OLC was missing from his OSR.  They
obtained a copy of the orders and citation from the applicant and,  on
29 Sep 03, provided HQ AFPC/DPPBR1, Officer Records, with a  copy  for
filing in his OSR. DPPPO recommends partial  relief  by  granting  SSB
consideration for the CY01A board with the AFCM 1OLC and 2OLC  in  his
OSR. [Note: The CY02A OSB was also incorrect in the year and number of
AFCMs the applicant received - See Statement of Facts above.] However,
based on HQ AFPC/DPPPE’s advisory, DPPPO recommends disapproval on the
applicant’s other contentions.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not agree with the senior rater that the PRF errors are minor,
in that the AFSC and duty title reflect he was a co-pilot,  which  was
incorrect as proven by his [CY02A] OSB.  Based  on  the  way  the  PRF
reads, he appears to be someone who spent his entire career in the  C-
130 and was still a co-pilot. He  cannot  fathom  how  this  erroneous
information would not negatively impact the results of  the  selection
board. Given the hundreds  of  records  promotion  boards  review,  he
doubts that board members would take the time read the  OPRs  if  they
were not impressed with a PRF and OSB. The fact that the senior  rater
did not sign his proposed PRF should  not  surprise  anyone  since  he
believed these errors and omissions minor  and  did  not  support  SSB
consideration. Contrary to DPPPO’s assumptive assertion,  he  did  not
receive  an  Officer  Preselection  Brief   (OPB)   or   the   written
instructions accompanying it, nor was he aware he should have. He  was
TDY from Nov 00 until Mar 01; one month later  he  was  assigned  from
Elmendorf to Dyess. He does not know whether the OPB was sent  to  his
previous unit or never accomplished. However, he did a records  review
at the Military Personnel Flight (MPF) shortly after arriving  at  his
new duty station in Apr 01  and  watched  the  MPF  correct  the  duty
assignment errors he found. When he discovered  the  changes  did  not
make it into MilPDS,  he  was  told  this  was  probably  due  to  the
transition between the personnel data systems at that time.  He’s  not
asking for preferential treatment, just to have the  information  that
was proven to be correct  resubmitted  before  the  CY01A  board.  The
information was correctly shown in the CY02A OSB and he believes  that
had the information been correct for  the  first  board,  the  outcome
would have been different.

He submits, in part, an unsigned  reaccomplished  PRF  for  the  CY01A
board with the desired AFSC and duty title. Sections III and  IV  have
been completely rewritten, incorporating much of the verbiage  of  the
CY02A PRF.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

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 to  warrant  partial  relief.  The
AFCM 2OLC should have been reflected  on  the  applicant’s  CY01A  OSB
since the award existed prior to the board  convening  date,  and  the
citations for the AFCM 1OLC and 2OLC should have  been  filed  in  his
OSR. Further, the CY02A OSB also incorrectly reflected receipt of two,
rather than three, AFCMs in 1996, rather than in 2000. The PME section
of the CY01A OSB also appears incorrect  as  the  applicant  completed
SOS, Non-Residence in 1996 and SOS, Residence in 2000. Given the CY02A
OSB’s altered assignment history, we are persuaded the top  four  duty
titles, AFSCs and effective dates on the CY01A OSB should be the  same
as the top four entries reflected on the CY02A  brief.  The  applicant
provides rating chain support only for the 19 Sep 98  OPR.  The  rater
asserts the duty title should be “SQ Pilot Scheduler/C-130H Pilot”  to
more  accurately  reflect  the  applicant’s  actual  responsibilities.
Although the support is minimal, we are willing to give the  applicant
the benefit of the doubt in this regard and recommend his  duty  title
on this report be changed as he  requests.  However,  he  provided  no
support from the rating chain members of the 19 Sep 99 and 19  Sep  00
OPRs confirming that “squadron pilot scheduler” was a full time  duty,
rather than the additional duty indicated on the reports. Also,  since
the applicant did not attend SOS in residence  until  2000,  we  agree
with the Air Force’s rationale that the PME recommendation on  the  19
Sep 99 OPR should not be changed. As for the CY01A PRF,  we  note  the
applicant has provided no support from  the  MLR  president,  and  the
senior rater,  while  regretting  the  administrative  errors  in  the
applicant’s  DAFSC  and  duty  title,  did  not  believe   they   were
significant enough to warrant SSB consideration. We agree  that  these
errors,  in  and  of  themselves,  probably   do   not   warrant   SSB
consideration. However, based on the missing citations, the cumulative
errors on the CY01A OSB, and the support from the rater to change  the
duty title of the 19 Sep 98 OPR, we recommend the applicant’s  records
be corrected as indicated below and he be afforded  SSB  consideration
for the CY01A board and, if not selected, for  the  CY02A  board  with
that OSB reflecting receipt of the third AFCM in 2000.  Since  we  are
recommending SSB consideration  in  any  event,  we  see  no  harm  in
amending the CY01A PRF’s DAFSC and duty title only  since  the  senior
rater acknowledged their incorrectness.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  The Decorations section  in  the  Officer  Selection  Briefs
(OSB) reviewed by the Calendar Year  2001A  (CY01A)  and  CY02A  Major
Central Selection Boards reflect a third, rather than  a  second,  Air
Force Commendation Medal (AFCM) awarded in 2001, rather than 1996, and
the citations for the AFCM 1st Oak Leaf Cluster (1OLC) for the  period
ending 1 July 1996 and the AFCM 2OLC for the period  ending  10  March
2001 be filed in his Officer Selection Record.

      b.  The CY01A OSB reflect that  he  completed  Squadron  Officer
School (SOS), Non-Residence, in 1996 and SOS, Residence,  in  2000  in
the Professional Military Education section; and reflect the same  top
four Duty Titles, Effective Dates, and Duty Air Force Specialty  Codes
entries in the Assignment History section as indicated  on  the  CY02A
OSB.

      c.  The Duty Air Force Specialty Code  and  Duty  Title  on  the
CY01A Promotion Recommendation Form reflect “11A3K, Flight Commander/C-
130H  Aircraft  Commander,”  rather   than   “11A2K,   Deputy   Flight
Commander/Pilot.”

      d.  The duty title  of  the  Officer  Performance  Report  (OPR)
closing 19 September 1998 reflect “SQ Pilot  Scheduler/C-130H  Pilot,”
rather than “C-130H Pilot.”

It is further recommended that he be considered for promotion  to  the
grade of major by a  Special  Selection  Board  for  the  CY01A  Major
Central Selection Board and, if not  selected,  for  the  CY02A  Major
Central Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 November 2003 under the provisions of AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01106 was considered:

   Exhibit A.  DD Form 149, dated 24 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 29 May 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 1 Oct 03.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Oct 03.
   Exhibit F.  Letter, Applicant, dated 16 Oct 03, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR BC-2003-01106




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   , be corrected to show that:

            a.  The Decorations section in the Officer Selection
Briefs (OSB) reviewed by the Calendar Year 2001A (CY01A) and CY02A
Major Central Selection Boards reflect a third, rather than a second,
Air Force Commendation Medal (AFCM) awarded in 2001, rather than 1996,
and the citations for the AFCM 1st Oak Leaf Cluster (1OLC) for the
period ending 1 July 1996 and the AFCM 2OLC for the period ending 10
March 2001 be filed in his Officer Selection Record.

            b.  The CY01A OSB reflect that he completed Squadron
Officer School (SOS), Non-Residence, in 1996 and SOS, Residence, in
2000 in the Professional Military Education section; and reflect the
same top four Duty Titles, Effective Dates, and Duty Air Force
Specialty Codes entries in the Assignment History section as indicated
on the CY02A OSB.

            c.  The Duty Air Force Specialty Code and Duty Title on
the CY01A Promotion Recommendation Form reflect “11A3K, Flight
Commander/C-130H Aircraft Commander,” rather than “11A2K, Deputy
Flight Commander/Pilot.”

            d.  The duty title of the Officer Performance Report (OPR)
closing 19 September 1998 reflect “SQ Pilot Scheduler/C-130H Pilot,”
rather than “C-130H Pilot.”

      It is further directed that he be considered for promotion to
the grade of major by a Special Selection Board for the CY01A Major
Central Selection Board and, if not selected, for the CY02A Major
Central Selection Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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