RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01381
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Selection Record (OSR) for the Calendar Year 2002B (CY02B)
Lieutenant Colonel Selection Board be corrected to include the citation for
the Defense Meritorious Service Medal (DMSM), for the period July 1998 to
July 2000 and that he receive Special Selection Board (SSB) consideration
for promotion to the grade of lieutenant colonel for the CY02B Selection
Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The citation for the DMSM was omitted from his record during the CY02B
lieutenant colonel board despite his diligent efforts to correct the
omission. The omission of the DMSM citation was a legal and material error
because the board did not consider material information available in
compliance with pertinent Air Force directives and policies.
In support of his appeal, the applicant provided a personal statement,
Officer Pre-Selection Brief, dated 26 June 2002, the citation accompanying
the award of the DMSM for the period July 1998 to July 2000, and other
documentation.
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 effective and with a date of rank (DOR) of 1 March 1999.
The citation for the Defense Meritorious Service Medal (DMSM) for the
period July 1998 to July 2000 was filed (8 November 2002) in the
applicant’s OSR before the CY02B board.
The Officer Selection Brief (OSB) prepared for the CY02B Selection Board
reflected award of the DMSM.
Applicant was considered and not selected for promotion to the grade of
lieutenant colonel by the CY02B (12 November 2002) Central Lieutenant
Colonel Selection Board.
OPR profile since 1996 follows:
PERIOD ENDING EVALUATION OF POTENTIAL
6 Mar 96 Meets Standards(MS)
6 Mar 97 (MS)
6 Mar 98 (MS)
6 Mar 99 (MS)
6 Mar 00 (MS)
31 Jul 00 (MS)
24 Jul 01 Training Report (TR)
31 Jul 02 (MS)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommended denial. They indicated that the applicant contends
his DMSM citation was not in his OSR when his record met the CY02B board.
They disagree. In researching his request to include the alleged missing
citation, they found a copy of the citation, date stamped 8 November 2002,
in his OSR. The date stamp on each document filed in the OSR reflects the
date the document was filed and became an official matter of record. Also,
as evidence that the citation was on file for the CY02B board, they found
that the sequence number on the right-hand corner of the citation matched
the sequence number on his OSB, indicating that the citation met the CY02B
board. Therefore, since the DMSM citation was in his OSR when the board
convened, SSB consideration is not warranted.
The evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and indicated that AFPC/DPPPO
indicates two reasons to support its recommendation of denial (the date
stamp on the citation reflects the date it was filed and became a matter of
record and the sequence number on the citation by itself indicates that the
citation was in his OSR at the time the board met). AFPC has not provided
any reliable evidence to show that the DMSM citation actually was filed in
his OSR before the board. The date stamp is not reliable, conclusive or
convincing. AFPC did not cite any instruction or procedure to support the
idea that a date stamp has any particular meaning or significance. Nothing
in AFI 36-2608 (Military Personnel Records System) places any significance
on a date stamp. The sequence number (030066) is less reliable than the
date stamp. Again, DPPPO did not cite any instruction or procedure
designating any significance to the notation of a sequence number on a
document. They have not provided any explanation of what a sequence number
means or its purpose.
The irregularities in the processing of the citation and OSR are crystal
clear, and any doubt on this matter must be resolved in his favor. He
followed the instructions he was given when he attempted to add the
citation to his OSR. After the board results were publicized, he made a
request for his As Met Record, and the routine response disclosed that the
DMSM citation was not in his OSR when it met the board. These facts are
the most reliable indicators of whether the citation was in his OSR and the
only reasonable conclusion is that it was not. The integrity of the
promotion system demands that any error or doubt be resolved in his favor.
Applicant’s response, with attachments, is at Exhibit E.
_________________________________________________________________
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 an error or injustice. The applicant contends that the
citation for the DMSM was omitted from his Officer Selection Record (OSR)
for the CY02B Central Lieutenant Colonel Selection Board despite his
diligent efforts to correct the omission; and, therefore, this omission was
a legal and material error because the board did not consider material
information available in compliance with pertinent Air Force directives and
policies. However, after reviewing the evidence of record, to include his
official officer selection record, we are not persuaded that the
applicant’s record was incomplete at the time it was considered by the
CY02B lieutenant colonel selection board. In this respect, we note the
citation for the DMSM filed in the OSR is date stamped 8 November 2002 and
the board convened on 12 November 2002, therefore, we are persuaded the
citation was in his record when it was considered by the board; and as
such, the board members were aware of the citation for the period July 1998
to July 2000. As noted by the Air Force office of primary responsibility,
the date stamp on each document filed in the OSR reflects the date the
document was filed and became an official matter of record. In addition,
we note the citation also contains the sequence number assigned to the
applicant’s file which matches the officer selection brief. Therefore, on
the basis of evidence presented, we are not persuaded that the applicant
has established that the citation was missing from his records when it was
considered by the CY02B selection board. In view of the foregoing and in
the absence of evidence to the contrary, we find no compelling basis upon
which to recommend granting the requested relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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 AFBCMR Docket Number BC-2003-
01381 in Executive Session on 30 July 2003, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Kathleen F. Graham, Member
Ms. Cheryl Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 April 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 28 May 2003, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 June 2003.
Exhibit E. Letter, Applicant, dated 3 July 2003, w/atch.
ROSCOE HINTON, JR.
Panel Chair
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