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AF | BCMR | CY2003 | BC-2003-01384
Original file (BC-2003-01384.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01384
                       INDEX CODE:  131.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The citation for the Air  Force  Commendation  Medal  (AFCM)  for  the
period 19 May 1988 to  26  February  1992  be  filed  in  his  Officer
Selection Record (OSR) and he be provided consideration by  a  Special
Selection Board (SSB) for the  Calendar  Year  2002B  (CY02B)  Central
Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to consideration for his in-the-zone promotion (IPZ)  board,  he
was advised that a decoration was missing  from  his  record.   On  20
October 2002, he faxed two copies of the citation and the accompanying
special order to the Air Force Personnel  Center  (AFPC).   He  called
AFPC and verified the copies were received and legible.   The  special
order and not the citation was filed in his OSR.  The omission of  the
citation in his OSR resulted in the Board not  having  access  to  his
entire record.  This  created  a  hole  in  his  record,  leaving  the
interpretation that something was missing  from  his  record  that  he
could have fixed and didn’t.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

Applicant was considered and not selected for promotion to  the  grade
of  lieutenant  colonel  by  the  CY02B  Central  Lieutenant   Colonel
Selection Board.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   29 Feb 00      Meets Standards
                   24 Oct 00      Meets Standards
                   24 Oct 01      Meets Standards
                   24 Oct 02      Meets Standards

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO states that based on  AFI  36-3208,  Military  Personnel
Records System, Table A2.1, Item 326, 1  July  1996,  orders  granting
decorations may be filed and maintained when a like  citation  is  not
available; and therefore, the special order for the  AFCM,  which  was
filed in the applicant’s OSR was sufficient for the board  members  to
review in the absence of the missing citation.

There is no clear evidence that the missing citation was a  factor  in
the  applicant’s  nonselection,  or  if  it  negatively  impacted  his
opportunity for promotion.  Central boards evaluate  service  members’
entire OSR.  The central boards consider the members' job performance,
professional qualities, depth and breadth of  experience,  leadership,
and academic and professional military education.  They  also  include
in   their   assessment   for   promotion   consideration    promotion
recommendation   forms,   officer   performance    reports,    officer
effectiveness  reports,  training  reports,  letters  of   evaluation,
decorations and officer selection briefs.

DPPPO recommends denying the requested relief.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluation and states it  is  not
enough for AFPC to file the citation in his personnel records  because
those records are not what met the promotion board.

When he learned of his nonselection, he requested AFPC/DPPBR obtain  a
copy of his records “as met” by the promotion board.  After  receiving
the copy of his  records  and  reviewing  them  he  noticed  that  the
citation was missing.  In its place was the special order awarding the
decoration.

DPPPO misquoted AFI 36-3208.   The  AFI  36-3208,  Military  Personnel
Records System, Table A.2.1, Item 326, 14 May 03 states,
“Maintain only when like citation is unavailable.”  In his case,  AFPC
did not file the citation in his OSR even though it was available.

Applicant’s  complete  response,  with  attachments,  is  attached  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  error  or  injustice  warranting  consideration  for
promotion to the grade of lieutenant colonel by  a  Special  Selection
Board.  After reviewing the evidence of record, we are  persuaded  the
citation missing from the applicant's promotion records did not afford
the applicant the same full and fair promotion consideration as  other
officers who were being considered for promotion by  the  board.   The
applicant, in trying to ensure his promotion records were current  for
the promotion board, faxed a copy of the citation and special order to
AFPC.  He then called and verified the fax was received  and  legible.
He was informed the documents were received and legible and  would  be
placed in his folder and OSR for consideration by the CY02B  Promotion
Board.  However, due to an administrative shortfall, the citation  was
not placed in the applicant’s records, the special order was filed  in
its place.  In the opinion of the Board, the applicant  exhibited  due
diligence to ensure his promotion record was error free  before  being
presented to the promotion  board.   In  view  of  the  foregoing,  we
believe the applicant suffered  an  injustice,  as  a  result  of  the
missing citation from his promotion records and  this  put  him  at  a
disadvantage  before  the  promotion  board.   While  it   cannot   be
conclusively determined whether or not the absence of the citation was
the sole cause of the applicant's non-selection for promotion, we  are
persuaded that the omission of the citation deprived him of  fair  and
equitable  consideration  for   promotion.    Therefore,   the   Board
recommends the applicant be afforded  Special  Selection  Board  (SSB)
consideration by the CY02B lieutenant colonel central selection board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include  the  citation  for  the  Air  Force
Commendation  Medal  awarded  for  the  period 19  May   1988   to  26
February 1992, be considered for promotion to the grade of  lieutenant
colonel by a Special  Selection  Board  for  the  Calendar  Year  2002
Central Lieutenant Colonel Board and for any subsequent  boards  which
this citation was not a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01384 in  Executive  Session  on  3  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. J. Dean Yount, Member
                       Ms. Beth M. McCormick, Member

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

   Exhibit A.  DD Form 149, dated 18 Apr 03, w/atchs.
   Exhibit B.  Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 9 Jun 03.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.
   Exhibit E.  Letter, Applicant’s Response, dated 3 Jul 03.




                             GREGORY H. PETKOFF
                             Panel Chair







AFBCMR BC-2003-01384



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed and considered the recommendation of the Air
Force Board for Correction for 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              , to include the citation for the Air
Force Commendation Medal awarded for the period 19 May 1988 to 26
February 1992, be considered for promotion to the grade of lieutenant
colonel by a Special Selection Board for the Calendar Year 2002B
Central Lieutenant Colonel Board and for any subsequent boards which
this citation was not a matter of record.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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