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AF | BCMR | CY2004 | BC-2003-03874
Original file (BC-2003-03874.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03874

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

1.  The  signature  date  of  28  July  2003  on  his  AF   Form   475
(Education/Training Report), closing 28 March 2003, be changed  to  an
earlier date so that it may be accepted for filing for  the  CY03A  (8
July 2003) (P0503A) Lieutenant Colonel Central Selection Board (CSB).

2.  The assignment history on his Officer  Selection  Brief  (OSB)  be
corrected to show his current position as an instructor at the  United
States Air Force Academy (USAFA), versus a student at  the  Air  Force
Institute of Technology (AFIT).

3.  He be considered for promotion to the grade of lieutenant  colonel
by a Special Selection Board (SSB) for the  CY03A  Lieutenant  Colonel
Central Selection Board, with the corrected record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a duly diligent effort to complete his PH.D. well  before  the
36-month time limit and early enough to  update  his  records  showing
degree completion before his 8 July 2003 promotion board.

He was wronged by the excessive period of time it took to complete and
file his final Training Report (TR) in his  Officer  Selection  Record
(OSR); as well as the time it took to update his current duty  history
after he arrived at the USAFA on 2 June 2003.  He  believes  that  the
absence of the TR in his OSR and the missing top line duty title entry
on his OSB affected the promotion board’s decision.

In support of his request, applicant  submits  a  personal  statement,
with a copy of his TR closing  28  Mar  03  and  additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  Total  Active  Federal  Commissioned  Service   Date
(TAFCSD) is 1 June 1988.  He is currently serving on  active  duty  in
the grade of major, with an effective date  and  date  of  rank  of  1
October 1999.

Applicant's OPR profile for the last 10 reporting periods follows:

            Period Ending    Evaluation

               25 Mar 95     Meets Standards (MS) - Captain
               25 Mar 96         MS
               25 Mar 97         MS
               25 Mar 98         MS
                8 Jan 99         MS
               30 Sep 99         MS
               16 Jun 00            MS - Major
               20 Aug 01     Education/Training Report (TR)
             # 20 Aug 02         TR
             * 28 Mar 03         TR

*  Contested TR

# Top report at the time he was considered In-the-Promotion Zone (IPZ)
and nonselected for promotion  to  lieutenant  colonel  by  the  CY03A
Central Lieutenant Colonel Board, which convened on 8 July 2003.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPASA states that  a  review  of  the  applicant’s  assignment
history shows he is correct in his  assertion  that  the  preselection
brief did not reflect his most current assignment to the  USAFA.   The
applicant arrived at the USAFA on  2  June  2003.   At  the  time  his
preselection brief was printed,  the  applicant’s  most  current  duty
history should show “Asst Prof of Physics” as his top duty  title  and
“USAF Academy” as his  organization.   DPASA  cannot  comment  on  the
likelihood of a change in the outcome  of  the  applicant’s  promotion
board  results  had  this  error  not  existed.   The  HQ   AFPC/DPASA
evaluation, with attachment, is at Exhibit C.


HQ  AFPC/DPPPE  recommends  the  applicant’s  request  to  change  the
28 March 2003 Training Report (TR) be denied.  DPPPE  states  that  no
documentation has been submitted to prove the signature date on the TR
was signed in error.  Air Force policy  dictates  that  the  signature
date is the day the evaluator signed the  report.   The  applicant  is
stating AFIT was not timely.  AFIT Civilian  Institute  programs  have
120 calendar days to submit the report to HQ  AFPC.   Although  AFITCI
exceeded the requirement of 120 days by three days, the  report  would
still not have  met  the  Central  Selection  Board.   To  change  the
signature date not only falsifies a signature date,  but  also  brings
into question the integrity of the evaluation system and  would  allow
the applicant an unfair advantage over his peers.  The  HQ  AFPC/DPPPE
evaluation, with attachments, is at Exhibit D.

HQ AFPC/DPPPO recommends the application be partially approved.  Based
on  the  evidence  provided,  DPPPO  recommends   approval   for   SSB
consideration to include the applicant’s 6 June 2003 duty title  entry
on his P0503A OSB.  However, DPPPO  recommends  denial  to  include  a
corrected 28 March 2003 TR in  his  record  for  the  P0503A  CSB,  as
explained in HQ AFPC/DPPPE’s  advisory  opinion.   The  HQ  AFPC/DPPPO
evaluation, with attachments, is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
12 March 2004 review and response.  As of this date, no  response  has
been received by this office (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  concerning  the  applicant’s  P0503A
Officer Selection Brief (OSB)  at  the  time  he  was  considered  for
promotion by the CY03A Lieutenant Colonel Central Selection Board.  In
this respect, we note that the applicant’s most current  duty  history
and organization were not reflected on his P0503A OSB.  We believe the
applicant suffered an injustice by not having accurate data on his OSB
when he was considered for promotion by the  P0503A  selection  board.
We, therefore, recommend the applicant be considered for promotion  to
the grade of lieutenant colonel by a Special Selection Board (SSB) for
the CY03A Lieutenant Colonel Selection Board, with  inclusion  of  the
corrected OSB.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an injustice concerning applicant’s  Training  Report
(TR), closing 28 March 2003.  We note that the TR was not required  to
be on file until 25 July 2003.  Even if the TR had been signed at  the
120-day mark, it would not have met the P0503A selection board,  which
convened on 8 July 2003.   However,  in  view  of  the  aforementioned
recommendation for SSB  consideration,  the  applicant  still  has  an
opportunity, if he  so  desires,  to  write  a  letter  to  the  board
president apprising the board  of  the  information  in  the  TR.   We
conclude that, since the TR was not required to be on  file  when  the
applicant met the cited selection board, no basis exists to  recommend
favorable action on this portion of the applicant’s appeal.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that the Assignment History
Section of the Officer Selection Brief, prepared for the Calendar Year
2003A (CY03A) Lieutenant Colonel Central Selection Board be amended as
follows:

      Add:  Effective 6  June  2003,  duty  title  of  “Asst  Prof  of
Physics” and organization as “USAF Academy.”

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 2003A Lieutenant Colonel Selection Board, with inclusion
of the corrections to his Assignment History on his Officer  Selection
Brief.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 June 2004, under the  provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Cheryl V. Jacobson, Member
              Mrs. Barbara R. Murray, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-03874.

   Exhibit A.  DD Form 149, dated 12 Nov 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASA, dated 1 Dec 03., w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 12 Feb 04, w/atchs.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 5 Mar 04, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2003-03874




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 to show that the Assignment
History Section of the Officer Selection Brief, prepared for the
Calendar Year 2003A (CY03A) Lieutenant Colonel Central Selection Board
be amended as follows:

            Add:  Effective 6 June 2003, duty title of “Asst Prof of
Physics” and organization as “USAF Academy.”

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 2003A Lieutenant Colonel Selection Board, with inclusion
of the corrections to his Assignment History on his Officer Selection
Brief.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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