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AF | BCMR | CY2004 | BC-2004-01113
Original file (BC-2004-01113.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01113
            INDEX CODE:  131.01, 107.00
XXXXXXXXXXXXXX   COUNSEL:  NONE

XXXXXXXXXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Duty Air Force Specialty Code  (AFSC)  on  his  Officer  Selection
Briefs  (OSB)  prepared  for  the  CY00A,  CY01B,  CY02B,  and   CY03A
Lieutenant Colonel Central Selection  Boards  be  changed  and  he  be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board (SSB) for Calendar  Years  2000A,  2001B,  2002B,  and
2003B Lieutenant Colonel Central Selection Boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The DAFSC for his duty title entry effective 26 February 1993, on  his
OSB should have reflected S1555E instead of X1555E.

In support of his request, the  applicant  submitted  a  copy  of  his
Flight Safety Officer Course Certificate, AF Form 707B, Company  Grade
Officer Performance Report, a copy of his Personal Data Rip,  excerpts
from AFMAN 36-2105, and a copy of his promotion recommendation.

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 CY00, CY01B, CY02B
and CY03A central selection boards.

On 1  December  1997,  the  Evaluation  Reports  Appeal  Board  (ERAB)
determined that the officer performance report  (OPR)  closing  10 May
1993, contained an incorrect DAFSC.  They have corrected the  data  to
reflect the correct DAFSC.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPAO  defers  to   AFPC/DPPPO   for   special   selection   board
consideration.  That office states that the applicant has obtained and
presented evidence supporting his eligibility for the Safety “S”  duty
AFSC prefix.  The  incorrect  DAFSC  information  was  posted  in  the
applicant’s record from 26 February 1993, and it appears  the  request
to update the DAFSC was submitted on 15  January  2000,  but  was  not
updated until 15 April 2004.

The DPAO complete evaluation, with attachments, is at Exhibit C.

AFPC/DPPPO recommends denial.  That office agrees that  the  incorrect
DAFSC was reflected on the applicant’s OSBs for  the  P0500A,  P0501B,
P0502B, and the P0503A CSBs.  However, this error was discoverable and
fixable had the applicant carefully reviewed his officer  preselection
briefs (OPSBs) prior to  each  respective  board.   They  believe  the
applicant should have  taken  the  appropriate  corrective  action  as
directed in the OPB instructions provided  to  each  eligible  officer
prior to the convening of the central selection boards.   Furthermore,
that office retrieved the OSB for the CY 96 A Major CSB and found that
it reflected the same  incorrect  DASC  as  listed  on  his  OSBs  for
lieutenant colonel.  If the presence of this entry was going  to  have
an adverse effect  on  the  applicant’s  promotion  opportunity,  they
believe it would have occurred during the P049A  board.   That  office
further states that although the  DPAO  advisory  confirms  the  DAFSC
should reflect S1555E, there is no evidence the  administrative  error
on his OSBs negatively impacted his promotion opportunity.   Promotion
board members use the whole person concept to assess such  factors  as
job performance, professional qualities, leadership, depth and breadth
of  experience,  leadership,  academic   and   professional   military
education and specific achievements.  As such, that  office  does  not
believe  this  administrative  error  caused  his   nonselection   for
promotion.

AFI 36-2501, paragraph 6.3.2.2, states SSBs will  not  convene  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 failed to exercise
reasonable diligence in maintaining his  record  prior  to  the  CSBs;
therefore, that office recommends denial of  the  applicant’s  request
for SSB consideration with the corrected DAFSC.

The DPPPO complete evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he carefully and diligently reviewed his OPB
prior to each board.  He caught and corrected numerous errors  in  his
records prior to his primary Lieutenant  Colonel’s  Central  Selection
Board.  It was not until recently, when he received a training  report
on his career accomplishments, that he became aware he  had  not  been
given credit for flight safety school.   He  believes  this  incorrect
AFSC was influential in his nonselection to the  grade  of  lieutenant
colonel as it diminished his record, regarding  depth  of  experience.
He disagrees with the advisory opinion that this error has had more of
an adverse effect on  his  promotion  opportunity  to  major  than  to
lieutenant colonel since he received  a  definitely  promote  (DP)  to
major.  However, any error, especially one of this  magnitude  showing
regression, could surely have made the difference when he competed for
the grade of lieutenant colonel.

In summary, he believes that he has consistently exercised  reasonable
diligence in maintaining his record.  When he  needed  his  record  of
performance the most, his record inaccurately displayed his  depth  of
experience.  There was no reason to suspect that his records contained
this error.  The error has been  corrected,  he  is  doing  everything
within his power to receive a fair evaluation of his records,  and  he
respectfully requests approval of his request for SSB consideration.

His 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.   Applicant’s  Officer  Selection
Brief (OSB) and Officer Performance Report (OPR) for the period 22 May
1992 to 10 May 1993, did  not  reflect  his  correct  Duty  Air  Force
Specialty Code S1555E at the time he was considered for  promotion  by
the CY00A, CY01B, CY02B and the  CY03A  selection  boards.   While  it
cannot be conclusively determined whether or not the absence  of  this
specialty code was the sole reason for  the  applicant’s  nonselection
for promotion by the boards in question, we do believe that it  served
to deprive him of fair and equitable consideration.  In  view  of  the
above and in order to resolve any doubt in favor of 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 the Officer Selection
Brief (OSB) prepared for the Calendar Year  2000A,  2001B,  2002B  and
2003A Lieutenant Colonel Central Selection Boards be  amended  in  the
Assignment History section, by changing the Duty Air  Force  Specialty
Code effective 26 February 1993, “X1555E” to “S1555E”.

It is further recommended  that  his  record,  to  include  the  above
corrected OSB, and the OPR for the period 22 September 1992 to  10 May
1993, reflecting the correct Duty Air Force Specialty Code  of  S1555E
be considered for promotion to the grade of lieutenant  colonel  by  a
Special Selection Board for the Calendar Year 2000A Lieutenant Colonel
Central Selection Board and for any subsequent  boards  in  which  the
corrected OSB and the corrected OPR were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01113 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

            Ms. Olga M. Crerar, Panel Chair
            Mr. James W. Russell III, Member
            Mr. John B. Hennessey, Member

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

      Exhibit A. DD Form 149, dated 29 Mar 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAO, undated, w/atchs.
      Exhibit D. Letter, AFPC/DPPPO, dated 9 Jul 04.
      Exhibit E. Letter, SAF/MRBR, dated 16 Jul 04.
      Exhibit F. Letter, Applicant, dated 19 Jul 04.






                                   OLGA M. CRERAR
                                   Panel Chair

AFBCMR 2004-01113



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 XXXXXXXXXXXXXX, be corrected to show that the Officer Selection
Brief (OSB) prepared for the Calendar Year 2000A, 2001B, 2002B and 2003A
Lieutenant Colonel Central Selection Boards be amended in the Assignment
History section, by changing the Duty Air Force Specialty Code (DAFSC)
effective 26 February 1993, “X1555E” to “S1555E”.

      It is further directed that his record, to include the above
corrected OSB, and the OPR for the period 22 September 1992 to 10 May 1993,
reflecting the correct DAFSC of S1555E be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the Calendar
Year 2000A Lieutenant Colonel Central Selection Board and for any
subsequent boards in which the corrected OSB and the corrected OPR were not
a matter of record.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency


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