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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