RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01767
            INDEX CODE 131.00
            COUNSEL:  Barry P. Steinberg

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board  (SSB)  consideration  for  the
Fiscal Year  1993  (FY93)  Reduction-in-Force  (RIF)  board  with  the
Officer Selection Brief (OSB) reflecting  receipt  of  the  Air  Force
Commendation Medal (AFCM), 1st Oak Leaf Cluster (1OLC), for the period
21 Dec 88 to 5 May 92, and a duty title of “Operations  Officer”  with
an effective date of 15 Jun 92.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The award was originally for a Meritorious Service Medal (MSM) but was
downgraded to the AFCM 1OLC due to numbered Air Force “anti-inflation”
initiatives. His unit resubmitted the award but could not  upgrade  it
in time for the RIF board.  The OSB did not  reflect  credit  for  all
decorations and shows incorrect duty title information. His records do
not  show  assumption  of  command  and  some  achievements  were  not
reflected in his evaluation reports or citations.

His former rater provides  a  supporting  statement.  The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was promoted to the grade of captain with a date of rank
(DOR) of 14 Feb 90. He was awarded the first  AFCM  on  1  Mar  91  by
Special Order GA-46.

On 10 Apr 92, the applicant’s rater recommended award of the MSM,  but
the time period was not specified on the indorsement form supplied  by
the applicant (Exhibit A).

The FY93 RIF board convened on 20 Jul 92 and  the  applicant  was  not
selected for retention. The applicant’s OSB reflects  receipt  of  the
basic AFCM, and his most recent duty assignment was “Shift Commander,”
effective 22 Apr 92.  The Officer Performance  Report  (OPR)  for  the
period 15 May 91 through 5 Apr 92 reflects a duty title of  “Assistant
Operations Officer.”

In the meantime, the requested MSM was apparently  downgraded  to  the
AFCM 1OLC. The applicant was awarded the AFCM 1OLC for the  period  21
Dec 88 to 5 May 92 on 19 Oct 92 (after the RIF board) by Special Order
GA-04.

An AF Form 2096, Classification/On-the-Job Training Action,  dated  20
Aug 92 (after the RIF board), changed the applicant’s duty title  from
“Shift Commander” to “Operations Officer,” effective 15 Jun 92 (before
the RIF board).

The applicant was separated on  31  Dec  92  and  transferred  to  the
Inactive Ready Reserve.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPASB indicated  they  could  not  conclude  whether  the  OSB
provided by the applicant was  inaccurate  or  printed  prior  to  the
effective dates of the award and duty titles. Based on the  5  Apr  92
OPR and the AF Form 2096, the duty title should have been  “Operations
Officer” effective 15 Jun 92.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO contends that since the  duty  title  was  not  approved
until after the RIF board  convened,  it  was  not  reflected  on  the
applicant’s OSB, nor was it a matter of record for the board.  He  did
not provide any documentation demonstrating what actions  he  took  to
ensure the duty title change was approved and updated in the  official
personnel data system and  subsequently  on  his  OSB,  prior  to  the
convening of the board. The special order announcing the  approval  of
the AFCM 1OLC was published after the RIF board convened and therefore
did not exist at the  time.  Decorations  are  entered  into  official
channels within two years and awarded within three years of  the  act,
achievement or service performed. As such, the award was processed  in
a timely manner and would  not  have  been  filed  in  his  record  or
reflected on the OSB. Denial is recommended.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 17 Oct 03 and to counsel on  1  Dec  03  for  review  and
comment within 30 days.  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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice  to  warrant  partial  relief.  We
agree with the Air Force’s rationale regarding the AFCM 1OLC  in  that
it did not exist until published by Special Order on 19 Oct 92,  after
the RIF board had convened. Further, the applicant has not shown  that
the award was  wrongfully  downgraded  or  was  not  processed  within
regulatory timeframes. Therefore,  this  portion  of  the  applicant’s
appeal should be denied. However, based on the effective date  on  the
AF Form 2096, the applicant’s duty title was  changed  to  “Operations
Officer” before the RIF board convened and should have been  reflected
as such on the OSB. While we cannot determine with  certainty  whether
this error resulted in the applicant’s nonselection for retention,  we
are concerned that  he  may  have  been  deprived  of  full  and  fair
consideration. Therefore, we recommend the applicant be  afforded  SSB
consideration for the FY93 RIF board with the proper duty title on his
OSB.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the Officer Selection
Brief (OSB) reviewed by the Fiscal Year 1993 (FY93) Reduction-in-Force
(RIF) Board was amended to reflect “Operations Officer,  effective  15
June 1992” in the duty history section.

It is further recommended that  his  records,  to  include  the  above
correction to his OSB, be considered by a Special Selection Board  for
the FY93 RIF Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 January 2004 under the provisions of  AFI  36-
2603:
                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert C. Ellett, Member

All members voted to correct the records to  the  extent  recommended.
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01767 was considered:

   Exhibit A.  DD Form 149, dated 21 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASB, dated 9 Jul 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 6 Oct 03.
   Exhibit E.  Letters, SAF/MRBR, dated 17 Oct & 1 Dec 03.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2003-01767




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 the Officer Selection
Brief (OSB) reviewed by the Fiscal Year 1993 (FY93) Reduction-in-Force
(RIF) Board was amended to reflect “Operations Officer,  effective  15
June 1992” in the duty history section.

      It is further directed that his records, to include the above
correction to his OSB, be considered by a Special Selection Board for
the FY93 RIF Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency