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AF | BCMR | CY2004 | BC-2004-00225
Original file (BC-2004-00225.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00225
            IDEX CODE 131.01
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Assignment History section of his Officer  Selection  Brief  (OSB)
reflect a command level of “NAF”  versus  “DD/J”  for  the  23 Dec  97
entry, and the 30 Nov 99 entry be removed in its entirety.

He be given Special Selection Board (SSB) consideration beginning with
the Calendar Year 1999A (CY99A) Lieutenant Colonel  Central  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 23 Dec 97 entry gave promotion boards the impression  he  did  not
accomplish a staff tour or anything above wing level.  The  30 Nov  99
entry gave the appearance of his being reassigned to the same job only
at wing level.  These errors gave the impression of no  “breath  [sic]
of experience” and no job progression, and effected all the boards  he
met beginning with the CY99A board.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of major, with a date of rank of 6 Feb 95.

He was considered but not selected to the grade of lieutenant  colonel
by the CY99A (19 Apr 99), CY99B (30 Nov 99), CY00A (28 Nov 00),  CY01B
(5 Nov 01), CY02B (12 Nov 02), and CY03A (8 Jul 03) lieutenant colonel
selection boards.

The OSBs for all of these boards incorrectly  reflect  the  23 Dec  97
assignment history entry as having a command level of  “DD/J,”  rather
than “NAF,” but the Officer Performance Reports (OPRs) closing 19  Nov
98, 16 Sep 99, and 30 Aug 00, showed the applicant’s  correct  command
level as the 12th Air Force at Davis–Monthan AFB, AZ.  The  extraneous
30 Nov 99 assignment entry first appeared on the  OSB  for  the  CY00A
board.

The Performance Recommendation Forms (PRFs) for all  of  these  boards
reflected overall ratings of “Promote.”  All the  PRFs  reflected  the
applicant’s correct command level.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO advised the applicant’s  CY03A  OSB  contained  incorrect
assignment history information.  His OPRs for the period  in  question
support  his  claim.  The  military  Personnel  Data  System  (MilPDS)
continues  to  reflect  an   incomplete   Assignment   Duty   History.
Corrections  to  Assignment  Duty  History  are  accomplished  at  the
servicing military personnel flight (MPF),  which  update  MilPDS  and
forward an approval request to AFPC.  To date, DPAO has  not  received
an MPF request for change to duty  history  on  the  applicant.   They
defer to HQ AFPC/DPPPO for SSB consideration.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/DPPPO  does  not  dispute  that  an  error  existed  on   the
applicant’s OSB; however, they do question the  significance  of  such
errors.  They trust the board members evaluated the  officer’s  entire
selection record in assessing the “whole person” factors.  DPPPO  also
notes the applicant’s PRFs and three OPRs closing out  19 Nov  98,  16
Sep 99, and 30 Aug 00, showed his organization, command, and  location
as “12th Air Force” or “HQ 12 AF/SE”  (ACC),  Davis-Monthan  AFB,  AZ.
This documented evidence alone reduces the applicant’s  argument  that
the boards may have held the impression he did not  complete  a  staff
tour or anything above wing level.   Further,  AFI  36-2501  specifies
that SSB consideration is not warranted if, by  exercising  reasonable
diligence, the officer should have discovered the  error  or  omission
and could have taken corrective action before the originally scheduled
board convened.  The applicant did not provide any supporting evidence
to speak to his actions for ensuring the accuracy of his records prior
to his central selection boards convening.  In fact, the MilPDS  still
reflects [his duty history] inaccurately.  As the  applicant  has  not
demonstrated  a  material  error  existed  which  contributed  to  his
nonselection for promotion, SSB consideration should be  denied.   The
applicant should work with his MPF to have his assignment  history  in
MilPDS corrected to prevent future occurrence of this error.

A complete copy of the evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  takes  exception  to  the  HQ   AFPC/DPPPO   advisory,
contending the error in question was discovered  during  a  non-select
counseling with HQ AFPC/DPPPO following the CY03A selection board.  He
does not know when or who input the data into the MilPDS, which  still
reflects inaccurate data.

The applicant’s complete submission 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant SSB consideration.   In
this respect, we note AFI 36-2501 specifies that SSB consideration  is
not warranted if,  by  exercising  reasonable  diligence,  an  officer
should have discovered the error or  omission  and  could  have  taken
corrective action before the originally scheduled board convened.   In
this respect, the 23 Dec 97 entry appeared on the CY99A OSB,  and  the
extraneous 30 Nov 99 entry first  surfaced  on  the  CY00A  OSB.   The
applicant has not provided any  evidence  demonstrating  he  exercised
reasonable diligence or took action to  ensure  the  accuracy  of  his
records prior to the CY99A selection  board.   Indeed,  the  applicant
contends the errors were “discovered” in a non-select counseling after
the CY03A board.  This would indicate to us that he did  not  exercise
due diligence.  Officers are responsible for reviewing  their  records
for  accuracy  prior  to  selection  boards  and,  as  a  major  being
considered for the grade of lieutenant colonel, the  applicant  should
have been aware of this obligation as far back as 1999.   In  view  of
the  above  and  absent  persuasive  evidence  to  the  contrary,  the
applicant has not sustained his burden of having  suffered  either  an
error or  an  injustice.   Without  evidence  showing  he  responsibly
attempted to correct the 23 Dec 97 entry when it surfaced on the CY99A
OSB, and the 30 Nov 99 entry on the CY00A OSB, we find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session, on 14 July 2004  and  13  August  2004,  under  the
provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Michael J. Novel, Member
                 Mr. Robert S. Boyd, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-00225 was considered:

   Exhibit A.  DD Form 149, dated 20 Jan 04, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAO, dated 4 Mar 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 25 May 04, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 28 May 04.
   Exhibit F.  Letter, Applicant, dated 14 Jul 04.




                                   ROBERT S. BOYD
                                   Acting Panel Chair

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