RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01657
            INDEX CODE:  131.00, 107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) prepared for  consideration  by  the
Calendar Year 2002B (12  November  2002)  Lieutenant  Colonel  Central
Selection Board be corrected to reflect his correct past  and  present
duty titles and the award of the Meritorious Service Medal, First  Oak
Leaf  Cluster  (MSM,  1OLC),  for  the  period  15 December  1998   to
12 December 2001, and he be considered for promotion to the  grade  of
colonel by Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive his preselection brief so that he could verify  his
assignment history was correct.  The following  items  were  in  error
when presented to the Lieutenant Colonel promotion board:

    a.  The duty history does not reflect the  correct  data  for  his
position at the time of the promotion board.

    b.  The duty history does not reflect the  correct  data  for  his
past positions.

    c.  The original submission of his MSM  was  lost  sometime  after
September 2001.  The delay in the resubmission caused  the  decoration
not to be included in his promotion record.

He believes the errors could represent detractors that contributed  to
his nonselection for promotion to lieutenant colonel.

In support of the appeal, applicant submits a personal  statement  and
four e-mails.

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.

Applicant was considered and not selected for promotion to  the  grade
of lieutenant colonel by the CY02B and CY03A (12 November 2002  and  8
July 2003) Lieutenant Colonel Central Selection Boards.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  2002
reflect meets standards on all performance factors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO  states  that  the  applicant’s  CY02   Lieutenant   Colonel
Selection Board Officer Selection  Brief  (OSB)  had  inaccurate  duty
history information, which has now  been  corrected.   They  defer  to
AFPC/DPPPO  for  SSB  consideration.   A  complete   copy   of   their
evaluation, with attachment, is at Exhibit C.

AFPC/DPPPO states that they disagree with the  applicant’s  contention
that his MSM, 1OLC, decoration was missing from his Officer  Selection
Record (OSR) when it met the CY02B board.  Although the period of  the
decoration was through 12 December 2001, the orders were not published
until 19  February  2003.   Thus,  his  record  did  not  contain  the
citation, nor was it reflected in the Military Personnel  Data  System
(MilPDS).  AFI 36-2803,  paragraph  3.1,  states  recommendations  are
entered into official channels within two  years  and  awarded  within
three years of  the  act,  achievement,  or  service  performed.   For
purposes of including this decoration in a board that convened  on  12
November 2002, the decoration did not yet exist.  Additionally, AFI 36-
2803, Table 3.1, note 5,  directs  forwarding  citations  and  special
orders within 30 days of the date the special  orders  are  published.
As such, the special orders and citation  were  processed  within  the
guidelines of the governing directive and neither  was  due  for  file
until 19 March 2003.  The MSM, 1OLC, was not a matter of record at the
time the CY02B board convened on 12 November 2002.

As to the applicant contending that the two top duty title entries  on
his OSB contained erroneous information, DPPPO states that  when  they
retrieved his duty history information from the MilPDS, they found the
duty title data has since been updated to reflect the  following:   21
Sep 01, T12B3D, Flt Commander, WB, ACC, Operational Support, Sq, ----;
and 20 Dec 01, C12B3D, Commander, AF, AIA,  Info  Warfare,  Flt,  ---.
They also noted that the correct duty  titles  are  reflected  on  the
corresponding 21 September 2001 and 1 July  2002  Officer  Performance
Reports (OPRs).

In reference to the applicant contending that he  did  not  receive  a
preselection brief  before  the  board,  he  was  well  aware  of  the
instructions attached to it, having received  them  for  both  of  his
below-the-zone (BPZ) promotion boards.  The instructions state that it
is the officer’s responsibility to ensure the accuracy of his records,
and errors must be addressed in a timely manner.  The e-mails provided
by the applicant, as proof of his  attempts  to  correct  his  record,
appear to reference actions taken in 2003 and  they  are  dated  2003.
AFI 36-2501, paragraph 6.3.2.2, states, “Do not have  an  SSB  if,  by
exercising reasonable diligence, the officer  should  have  discovered
the error or omission and could have taken  corrective  action  before
the originally scheduled board convened.”

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated his belief that the errors in his  OSB  could
have represented detractors that contributed to his  nonselection  for
promotion to lieutenant colonel.  The MSM, 1OLC  should  be  backdated
for inclusion in his CY02B OSR.  The Duty History on his OSB has  been
corrected and verified by AFPC/DPAOC.   He  requests  the  information
presented in this letter be grounds for supplemental consideration  by
an SSB for promotion to lieutenant colonel.

Applicant's complete 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.  The Air Force has indicated that
the applicant's Officer Selection Record (OSR)  did  not  reflect  the
citation for the award of the Meritorious  Service  Medal,  First  Oak
Leaf Cluster (MSM, 1OLC), for  the  period  15  December  1998  to  12
December 2001.  We are persuaded by the  evidence  provided  that  the
applicant was recommended for the award in a timely  manner  and  that
the initial recommendation was lost.  Given the fact  that  the  award
was later approved and because the award was given in recognition of a
three-year period of service that closed out almost  one  year  before
the selection  board  convened,  we  believe  his  records  should  be
corrected to show that the cited MSM was awarded and accepted for file
in his OSR prior to the time the CY 2002B  selection  board  convened.
As to the applicant’s inaccurate duty history shown on his OSB seen by
the selection board in question,  the  applicant  states  he  did  not
receive an OPB for review.  The office of primary responsibility  does
not dispute this assertion but contends that the applicant should have
been aware of the instructions that would  have  accompanied  his  OPB
and,  therefore,  SSB   consideration   on   this   issue   would   be
inappropriate.  We disagree.  It is undisputed that his  duty  history
was inaccurate.  Even though the applicant did not receive an OPB  for
review, it appears he made  reasonable  efforts  to  ensure  that  his
record was correct when the selection board in question considered him
for promotion.  In view of the circumstances present in this case  and
the applicant’s geographic location, it is not surprising that he  was
unable to secure the required corrections to his record prior  to  the
time the selection board in  question  convened.   At  this  juncture,
there is no way of knowing for certain the impact the absence  of  the
MSM and the inaccurate duty history may have had  on  the  applicant’s
promotion opportunity.  Nevertheless,  in  an  effort  to  remove  any
possibility of an injustice to the  applicant,  we  believe  that  his
record should be corrected  as  indicated  below  and  that  corrected
record should be placed before a Special Selection Board (SSB) for the
Calendar Year 2002B Lieutenant Colonel Central Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 10 November  2002,
he was awarded the Meritorious Service Medal, First Oak  Leaf  Cluster
(MSM, 1OLC),  for  service  during  the  period  15 December  1998  to
12 December 2001, and the award was accepted for file in  his  Officer
Selection Record (OSR) on or before 12 November 2002.

It is further recommended that  his  record,  to  include  an  Officer
Selection Brief showing his accurate duty history  of  corrected  duty
titles, accurate AFSCs and levels, be considered for promotion to  the
grade of lieutenant colonel by a Special Selection Board (SSB) for the
Calendar Year 2002B Lieutenant Colonel Central Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 September 2003, under the provisions of AFI 36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. James E. Short, Member
              Ms. Martha J. Evans, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered in connection  with  BC-
2003-01657:

   Exhibit A.  DD Form 149, dated 6 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAO, undated.
   Exhibit D.  Letter, AFPC/DPPPO, dated 13 Aug 03.
   Exhibit E.  Letter, SAF/MRBR, dated 22 Aug 03.
   Exhibit F.  Applicant's Response, dated 8 Sep 03, w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair







AFBCMR BC-2003-01657
INDEX CODE:  131.00, 107.00




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 on 10 November 2002, he
was awarded the Meritorious Service Medal, First Oak Leaf Cluster
(MSM, 1OLC), for service during the period 15 December 1998 to
12 December 2001, and the award was accepted for file in his Officer
Selection Record (OSR) on or before 12 November 2002.

      It is further directed that his record, to include an Officer
Selection Brief showing his accurate duty history of corrected duty
titles, accurate AFSCs and levels, be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board (SSB) for the
Calendar Year 2002B Lieutenant Colonel Central Selection Board.





                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency