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AF | BCMR | CY2004 | BC-2003-02810
Original file (BC-2003-02810.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02810
            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to major by a Special  Selection  Board
(SSB) for the  CY03A  (5  May  2003)  Major  Central  Selection  Board
(P0403A), with a corrected Officer Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  Officer  Selection  Brief  (OSB)  was  missing   an   Air   Force
Commendation Medal, First Oak Leaf Cluster (AFCM, 1OLC) and  his  duty
title, effective 10 August 2001, reflected the incorrect DAFSC, MAJCOM
and organization.

Due to these errors, the selection board did not  review  an  accurate
record.  He believes that had these errors been  corrected,  he  would
have had a better opportunity for promotion.
He requested to have these errors updated twice and received an e-mail
stating it was updated.   He  was  out  of  the  office  on  a  family
emergency for six weeks prior to the 5 May 2003 Major Selection  Board
and did not find out that his record was not corrected until after the
board met.

In support of his request, applicant submits copies of his  OSB,  AFCM
1OLC citation and the order,  and  e-mail  traffic.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
25 January 1994.  He is currently serving on active duty in the  grade
of captain, with an effective date and date of rank  of  3  May  1998.
The following is a  resume  of  his  OPR  ratings  subsequent  to  his
promotion to that grade.

            Period Ending    Evaluation

               2 May 99      Meets Standards (MS)
              10 Dec 99      Education/Training Report
               2 May 00           MS
               2 May 01           MS
             # 2 May 02           MS
               2 May 03           MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to major by the CY03A Major Central Selection  Board,  which
convened on 5 May 2003.

The applicant's request for correction of his assignment  history  was
administratively corrected as evidenced  by  the  information  in  the
Military Personnel Data System (MilPDS).

Information extracted from the applicant’s submission reveals  he  was
awarded the AFCM, 1OLC, by Special Order G-062, dated  25  June  2001,
for meritorious service, from 15 August 1998 to 15 July 2001.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPAS  states  that  there  is  no  indication  the  applicant
attempted to correct the missing decoration.  Based on the applicant’s
Officer Performance Reports, the contested OSB duty history,  covering
the period under review, should have  reflected  “63A3”  as  the  Duty
AFSC, “CEN” for Level and “Space/Missile Sys”  for  Organization.   In
addition,  DPAS  indicates  that  the  missing  decoration  should  be
considered for supplemental review. The HQ AFPC/DPAS evaluation is  at
Exhibit C.

HQ AFPC/DPPPO, recommends the application  be  denied.   DPPPO  states
that the  correct  duty  history  information  was  reflected  on  the
applicant’s  OPR,  closing  2  May  2002,  and  his  P0403A  Promotion
Recommendation Form (PRF) that was reviewed by  the  selection  board.
The applicant provided no documentation showing  what  steps  he  took
after receipt of the Military Personnel  Flight  (MPF)  e-mail  of  12
February 2003 and prior to his family emergency  to  ensure  his  duty
history data had been corrected.  Although the MilPDS has been updated
to  reflect  the  correct  data,  DPPPO   does   not   believe   these
administrative  errors  caused  the   applicant’s   nonselection   for
promotion.   The  Officer  Preselection  Brief  (OPB)  the   applicant
received did not reflect the AFCM, 1OLC, and he did  not  provide  any
documentation demonstrating what actions he took to ensure it had been
updated prior to the convening of the board.  Since the applicant  did
not exercise reasonable  diligence  in  maintaining  his  record,  SSB
consideration is not warranted.  The HQ  AFPC/DPPPO  evaluation,  with
attachment, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and has  provided  a  full
account of the actions he took to correct his  records  prior  to  the
CY03A selection board.  He believes this account will demonstrate that
he exercised reasonable diligence.  (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.   After  reviewing  the  applicant’s
submission, we are persuaded that he made a diligent  effort  to  have
his records corrected prior  to  the  convening  of  the  CY03A  Major
Central Selection Board.   We  note  that  the  respective  Air  Force
offices have addressed the deficiencies  on  the  applicant’s  Officer
Selection Brief (OSB) and confirmed that the  erroneous  entries  were
administratively corrected  in  the  Military  Personnel  Data  System
(MilPDS)  subsequent  to  the  selection  board.   In  our  view,  the
applicant suffered an injustice by not having accurate data on his OSB
when he was considered for promotion  by  the  CY03A  Major  Selection
Board.  Although the errors have been corrected, we  cannot  determine
what impact  these  deficiencies  may  have  had  on  the  applicant’s
promotion  opportunity.   Accordingly,  to   resolve   any   potential
promotion injustice to the applicant,  the  Board  believes  that  any
doubt in this matter should be resolved in his  favor.   We  therefore
recommend that the applicant be considered for promotion to the  grade
of major by a Special Selection Board  for  the  Calendar  Year  2003A
Major Central Selection Board, with inclusion of a corrected OSB.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected by amending the  Officer  Selection
Brief, prepared for the Calendar Year 2003A  Major  Central  Selection
Board, as follows:

      a.  Under the Assignment History Section, the entries  with  the
effective date of 10 August 2001 should be changed to  reflect  “63A3”
as the DAFSC, “CEN” as the Level and  “Space/Missile  System”  as  the
Organization.

       b.  Under  the  Decorations  Section,   add   the   Air   Force
Commendation Medal, First Oak Leaf Cluster, awarded on 25 June 2001.

It is further recommended that he be considered for promotion  to  the
grade of major by a Special Selection  Board  for  the  Calendar  Year
2003A Major Central Selection Board, with inclusion of  his  corrected
OSB.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 February 2004, under the provisions of AFI 36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Grover L. Dunn, Member
              Mr. Charlie E. Williams Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-02810.

   Exhibit A.  DD Form 149, dated 13 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASA, dated 15 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 13 Nov 03, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.
   Exhibit F.  Letter from Applicant, dated 23 Dec 03, w/atch.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-02810




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 APPLICANT be corrected by amending the Officer
Selection Brief, prepared for the Calendar Year 2003A Major Central
Selection Board, as follows:

      a.  Under the Assignment History Section, the entries with the
effective date of 10 August 2001 should be changed to reflect “63A3”
as the DAFSC, “CEN” as the Level and “Space/Missile System” as the
Organization.

      b.  Under the Decorations Section, add the Air Force
Commendation Medal, First Oak Leaf Cluster, awarded on 25 June 2001.

      It is further directed that he be considered for promotion to
the grade of major by a Special Selection Board for the Calendar Year
2003A Major Central Selection Board, with inclusion of his corrected
OSB.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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