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AF | BCMR | CY2004 | BC-2003-04074
Original file (BC-2003-04074.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04074
            INDEX CODE:  131.01, 107.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant  colonel  by
Special Selection Board (SSB) for the CY02B Lieutenant Colonel Central
Selection Board with a corrected Officer Selection Brief (OSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His duty title as “Executive Officer,  Plans  &  Policy  Directorate”,
effective 9 July 2001, was not reflected  in  the  assignment  history
section of his OSB.  He believes that the addition of this information
may positively impact  his  promotion  opportunity  to  the  grade  of
lieutenant colonel.

In support of his request, the applicant submitted a copy of  his  Air
Force Officer Preselection Brief  for  the  CY02B  Lieutenant  Colonel
Central Selection Board, a copy of his Air Force Officer  Preselection
Brief for CY01B Lieutenant  Colonel  Central  Selection  Board  and  a
corrected copy of his Air Force Officer Preselection Brief.

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  selection
board that convened on 12 November 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO  defers  to   AFPC/DPPPO   for   special   selection   board
consideration.  The applicant’s  CY02B  Lieutenant  Colonel  Selection
Board OSB contained incorrect assignment history information.  He  has
obtained and presented  evidence  in  the  form  of  an  officer  Pre-
Selection Brief supporting his claim.  It should  be  noted,  however,
that duty as Executive Officer is not documented in his OPR history.

The DPAO complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial.  DoD policy clearly states  that  a  SSB
shall not convene under USC 10 628(b)  or  14502(b)  to  consider  any
officer who might, by maintaining  reasonably  careful  records,  have
discovered and taken steps to correct that error or omission on  which
the original board based its decision against promotion.  They do  not
believe the applicant’s nonselection was based  on  the  missing  duty
title, which spanned only a 3-month period and was not a  normal  part
of his Air Force Specialty career path.  As such, it did not  add  any
significant value to the  record  beyond  what  was  captured  in  the
Officer Selection Record.  It is evident that the applicant  fails  to
offer any documentation or justification, which speaks to his  concern
for ensuring the accuracy of his records prior to the board  convening
date.

 The DPPPO complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disagrees with the advisory opinion  that  duty,  as  an
executive officer does not add any significant value  to  his  record.
He was selected out of an elite  group  of  candidates  for  temporary
duty.  Any time an officer is given the privilege to directly work for
a Rear Admiral and a Brigadier General it does add  significant  value
to his record.  This duty shows he was selected  for  a  special  duty
assignment that very few of his  peers  will  ever  achieve.   He  did
notice the exclusion of his executive officer duty  title  before  his
primary lieutenant colonel board, but was told it was deleted from his
record because it was only for three  months  and  there  was  not  an
officer performance report (OPR) generated.  He later  found  out,  it
should not have been deleted from his record.  He found this out  when
he researched the  rules  on  the  subject  with  his  local  military
personnel flight upon arrival at his new duty  station.   He  strongly
feels the exclusion of the duty title may have had an  adverse  impact
on his consideration  for  promotion  during  his  primary  lieutenant
colonel board.

His complete submission, 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  probable  error  or  injustice.   Since  applicant’s
Officer Selection Brief (OSB) did not reflect his correct  duty  title
of “Executive Officer, Plans & Policy Directorate” at the time he  was
considered for promotion by  the  CY02B  selection  Board,  the  Board
recommends adding this duty title.  While it  cannot  be  conclusively
determined whether or not the absence of this duty title was the  sole
reason for the applicant’s nonselection for promotion by the Board  in
question, we do believe that it served to  deprive  him  of  fair  and
equitable consideration.  We also recommend that his duty title  entry
as “Ch, Br Data Plans & Policy” be corrected to reflect a  date  of  9
October 2001, to prevent  the  above  correction  from  deleting  this
entry.  In view of the above and in order to resolve any injustice  to
the applicant, we recommend that  his  records  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his OSB prepared  for
the Calendar Year 2002B Lieutenant Colonel Selection Board be  amended
as follows:

        a.  Under Assignment History, the effective date of Duty Title
"Chief, B2 Data Plans & Policy" be changed to 9 October 2001.

        b.  The assignment  as  "Executive  Officer,  Plans  &  Policy
Directorate",  Command  Level  "DD/J",  Major   Command   "SAJ",   and
Organization "US Strategic Command, Offutt," with an effective date of
9 July 2001 be added.

It is further recommended  that  his  record,  to  include  the  above
corrected OSB, be considered for promotion to the grade of  lieutenant
colonel by a Special Selection  Board  for  the  Calendar  Year  2002B
Lieutenant Colonel Central Selection Board and any  subsequent  boards
in which the above corrections were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
04074 in Executive Session on 27 April 2004, under the  provisions  of
AFI 36-2603:

                 Mr. James E. Short, Panel Chair
                 Ms. Deborah A. Erickson, Member

            Ms. Martha A. Maust, Member


All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Dec 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAO, undated.
      Exhibit D. Letter, AFPC/DPPPO, dated 23 Feb 04, w/atchs.
      Exhibit E. Letter, SAF/MRBR, dated 27 Feb 04.
      Exhibit F. Letter, Applicant, dated 2 Mar 04, w/atchs.






                                   JAMES E. SHORT
                                   Panel Chair



AFBCMR BC-2003-04074



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 his OSB prepared for the
Calendar Year 2002B Lieutenant Colonel Selection Board be amended as
follows:

      a.  Under Assignment History, the effective date of Duty Title
"Chief, B2 Data Plans & Policy" be changed to 9 October 2001.

      b.  The assignment as "Executive Officer, Plans & Policy
Directorate", Command Level "DD/J", Major Command "SAJ", and Organization
"US Strategic Command, Offutt," with an effective date of 9 July 2001 be
added.

      It is further directed that his record, to include the above
corrected OSB, be considered for promotion to the grade of lieutenant
colonel by a Special Selection Board for the Calendar Year 2002B Lieutenant
Colonel Central Selection Board and any subsequent boards in which the
above corrections were not a matter of record.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency


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