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AF | BCMR | CY2004 | BC-2004-00501
Original file (BC-2004-00501.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00501
      INDEX CODE 111.00, 107.00, 131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The citation for  the  Joint  Service  Commendation  Medal  (JSCM)
awarded to Major K-- M-- for the period Jan 02 to Jan 03,  be  removed
from his officer selection records (OSR).

2.  The Board Discrepancy Report (BDR) for  the  Calendar  Year  2003A
(CY03A) Lieutenant Colonel Central Selection Board, dated 27  Jun  03,
regarding the “missing” JSCM be removed from his OSR.

3.  The Officer Performance Report  (OPR)  for  the  period  1 Jun  02
through 31 May 03 be included in his OSR.

4.  He be afforded consideration for promotion to the grade of LTC  by
Special Selection Board (SSB) for the CY03A selection board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The JSCM does not belong to him but  was  awarded  to  another  major.
AFPC personnel assured him this discrepancy would be corrected  before
the board; instead, the 27 Jun 03 discrepancy report for a  decoration
he was never awarded was filed in his OSR.  Administrative  processing
delays resulted in his most current  OPR  not  being  completed  until
after the CY03A promotion board started. This created  a  gap  in  his
records which may have unintentionally indicated a negative message of
unconcern to the board members.

The reviewer of the 31 May 03 OPR  provides  a  supporting  statement,
indicating the draft report was prepared prior to the board date,  but
coordination between personnel and administrative offices delayed  its
completion.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered but not selected  for  promotion  to  the
grade of lieutenant  colonel  by  the  CY03A  promotion  board,  which
convened on 8 Jul 03.

The applicant’s Officer Selection Brief  (OSB)  for  the  CY03A  board
correctly did not reflect receipt of the JSCM. However, his  selection
folder mistakenly contained a citation for that decoration, which  had
been awarded to another major. The selection folder also contained the
BDR for the CY03A board, reporting a “discrepancy” with the  JSCM  not
being  recorded  in  the  Personnel  Data  System  (PDS)  or  on   the
applicant’s OSB.

The top report for the CY03A board was for the period 1 Jun 01  though
31 May 02. The duty title on that OPR indicated the applicant was  the
Chief, Global Space Integration section of HQ Air Force Space  Command
at Peterson AFB, CO.  However, the CY03A OSB did reflect the 31 May 03
OPR’s duty title (Emergency Action Officer,  HQ  USNORTHCOM,  Cheyenne
Mountain AFS, CO) as the applicant’s most current assignment.

The 31 May 03 OPR was not signed by the  reviewer  until  14  Jul  03,
after the CY03A board had convened. The report was not  filed  in  the
applicant’s OSR until 30 Jul 03, one day before the due date of 31 Jul
03.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO agrees the JSCM citation not belonging to the  applicant
and the BDR identifying the “missing” JSCM should be removed from  his
OSR. This correction warrants SSB consideration for the  CY03A  board.
However, since OPRs on extended active duty officers  are  due  at  HQ
AFPC no later than 60 days following the report’s closeout  date,  the
31 May 03 OPR was not required to be on file until 31  Jul  03,  after
the CY03A board convened. Additionally, the reviewer signed the OPR on
14 Jul 03, after the board convened. Neither  the  applicant  nor  the
reviewer explained what efforts were made prior to the CY03A board  to
ensure the OPR was  filed  in  time  for  the  board’s  consideration.
Therefore, the JSCM  citation  and  BDR  should  be  removed  and  SSB
consideration be granted for the CY03A board, but not with the 31  May
03 OPR in the applicant’s OSR.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 9 Apr 04 for review and comment within 30 days.

The applicant did not respond; however, the reviewer of the 31 May  03
OPR provided an additional statement.  The reviewer states it was  his
intent to have the report completed and in the applicant’s records for
the CY03A board’s review. The reviewer adds the absence of  this  OPR,
resulting from administrative delays beyond the  applicant’s  control,
was compounded by two  additional  discrepancies  in  the  applicant’s
selection record and placed him at a  disadvantage  before  the  board
began. The missing OPR created a gap in the  applicant’s  record.  The
report, which should have  been  available  originally,  needs  to  be
included for SSB review to present the most accurate picture.

The reviewer’s complete statement, with attachment, is at 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 to warrant granting the  applicant
SSB consideration.  The citation  for  the  JSCM  awarded  to  another
individual and the BDR noting its “omission” are clearly in error  and
should  be  removed  from  the  applicant’s  records.  The  Air  Force
recommends these corrections be afforded SSB consideration, but the 31
May 03 OPR should not be included in the applicant’s OSR. We, however,
are persuaded the report should be a matter of record  for  the  SSB’s
review. In this regard, the reviewer’s supporting statements  indicate
the OPR was intended to be available for the  CY03A  selection  board,
but was delayed due to circumstances beyond the  applicant’s  control.
Since the  reviewer  intended  that  the  OPR  be  available  for  the
selection board and this  did  not  occur  through  no  fault  of  the
applicant, equity dictates his request  be  approved.   Therefore,  we
recommend the applicant’s records be corrected as indicated below  and
he be afforded SSB consideration for the CY03A board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  The citation for the Joint Service Commendation Medal (JSCM)
awarded to K-- L. M-- for the period  ending  January  2003,  and  the
Board  Discrepancy  Report  for  the  Calendar  Year   2003A   (CY03A)
Lieutenant  Colonel  Central  Selection  Board,  dated  27 June  2003,
regarding the JSCM be removed from his records.

      b.  The signature dates in Sections VII and VIII  of  the  Field
Grade Officer Performance Report, AF Form 707A, for the period closing
31 May 2003, be changed from  “1 July  2003”  and  “14 July  2003”  to
“1 June 2003” and “2 June 2003.”

It is further recommended  the  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by  a  Special  Selection
Board for the CY03A Lieutenant Colonel Central Selection Board.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 May 2004 under the provisions of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Cheryl V. Jacobson, Member
                 Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-00501 was considered:

   Exhibit A.  DD Forms 149 (2), dated 14 Jan 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 1 Apr 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 04.
   Exhibit E.  Letter, Reviewer, dated 3 May 04.




                                   BRENDA L. ROMINE
                                   Panel Chair




AFBCMR BC-2004-00501


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   , be corrected to show that:

            a.  The citation for the Joint Service Commendation Medal
(JSCM) awarded to K--- M--- for the period ending January 2003, and
the Board Discrepancy Report for the Calendar Year 2003A (CY03A)
Lieutenant Colonel Central Selection Board, dated 27 June 2003,
regarding the JSCM be, and hereby are, removed from his records.

            b.  The signature dates in Sections VII and VIII of the
Field Grade Officer Performance Report, AF Form 707A, for the period
closing 31 May 2003, be changed from “1 July 2003” and “14 July 2003”
to “1 June 2003” and “2 June 2003.”

      It is further directed the corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection
Board for the CY03A Lieutenant Colonel Central Selection Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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