RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01422

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel by a
Special Selection  Board  (SSB)  for  the  CY03A  (P0503A)  Lieutenant
Colonel Central Selection Board,  with  inclusion  of  his  Air  Force
Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC), awarded  for
the period 27 January 1993 to 19 July 1995, in his  Officer  Selection
Record (OSR) and annotated on his Officer Selection Brief (OSB).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His AFCM (1OLC), approved in 1995, should have been reflected  on  his
OSB and the citation filed in his OSR when his record met  the  P0503A
selection board.  After several attempts to have his  record  updated,
the AFCM (1OLC) was  finally  updated  in  his  record  at  the  local
Military Personnel Flight (MPF).

In support of his request, applicant submits  copies  of  the  special
orders and citations awarding both the 1OLC and the 2OLC to the  AFCM.
The applicant’s complete submission, with attachments, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 25 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 submission reveals he  was  awarded  the  AFCM  (1OLC)  by
Special Order GA-003, dated 17 November 1995, covering the periods  10
October 1992 to 31 January 199; and, Special Order  GA-026,  dated  24
March 1998, shows he was awarded the AFCM (1OLC), for the  periods  20
July 1995 to 23 February 1998.  A copy of applicant’s Selection Folder
reveals the AFCM citation having a handwritten change from “First”  to
“Second” Oak Leaf Cluster, covering the period  20  July  1995  to  23
February 1998.

The following is a  resume  of  the  applicant’s  Officer  Performance
Report (OPR) ratings subsequent to  his  promotion  to  the  grade  of
major.

            Period Ending    Evaluation

               20 Jan 00     Meets Standards (MS)
               20 Jan 01         MS
                9 Oct 01         MS
             # 20 Dec 02         MS
               20 Dec 03         MS
               15 Jun 04         MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY03A  Lieutenant  Colonel
Central Selection Board, which convened on 8 July 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO, recommends the application be denied.   DPPPO  reviewed
the applicant’s Officer Selection Record  (OSR)  and  found  the  AFCM
(1OLC) citation filed in his record for the  P0503A  selection  board;
therefore, it was  factored  into  his  promotion  evaluation.   DPPPO
states the applicant did not provide any  documentation  showing  what
action he took to ensure his AFCM (1OLC) was updated  on  his  Officer
Selection Brief (OSB) prior  to  convening  of  the  P0503A  selection
board.  DPPPO retrieved a copy of the OSB that met the CY99A (8  March
1999) Major CSB, the board from which he was selected for promotion to
major, and found the same error.  DPPPO does not believe the applicant
exercised reasonable diligence  in  the  maintenance  of  his  record.
Should the  Board  grant  the  relief  sought,  DPPPO  recommends  the
inclusive dates reflected on Special Order GA-003, dated  17  November
1995, be amended to correspond with the inclusive dates  reflected  on
his AFCM (1OLC) citation; and, SO GA-02, dated 24 March 1998, awarding
him the AFCM (2OLC) be amended to reflect “2” OLCs instead of “1” OLC.
 In regards to correcting the Officer Selection Brief (OSB), the  “YR”
should reflect “1998” and the “NR AWD” adjusted to reflect  “3.”   The
HQ AFPC/DPPPO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  advisory  opinion  and  indicated  that,
following the 8 July 2003 selection board, he contacted AFPC  and  was
informed of the missing  decoration  order  number  GA-003,  dated  17
November 1995.  This same decoration was contained within  his  record
when he personally conducted a records  review  in  1998.   He  cannot
explain its absence from his record nor can he explain who removed the
decoration or why.  He can only confirm it was, in  fact,  present  in
the file and that he has a hard copy.   There  was  no  lack  of  “due
diligence” as the advisory writer states.  His record review  in  1998
was both timely and proper and revealed a complete file at that  time.
There was no basis for  him  to  suspect  a  previously  complete  and
accurate file maintained by the Air Force and beyond his control could
or would be corrupted.  He disagrees with the  statement  “the  record
that met the P0503A board did contain the decoration in question.”  In
preparation for the selection board that met  last  month,  the  post-
board counselor worked hard to get the decoration GA-003 back into his
record.  In fact, it had to be reaccomplished for inclusion  into  his
record.  He believes the decoration  found  was  the  newly  corrected
decoration.  The missing/removed decoration  unfairly  prejudiced  his
P0503A selection board and unduly impacted his promotion chances.  The
applicant’s complete submission 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 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.   After  reviewing  the  applicant’s
submission and the evidence of  record,  we  are  persuaded  that  the
applicant may not have been fairly considered  for  promotion  by  the
CY03A Lieutenant Colonel Central Selection Board.  Through no fault of
the applicant, his record was incomplete at the time he was considered
by the selection board in question in that the narrative to  accompany
the award of the Air Force Commendation Medal (AFCM), First  Oak  Leaf
Cluster (1OLC), was inadvertently removed from his  Officer  Selection
Record.  Ultimately resulting in his decorations not being  accurately
reflected on the Officer Selection Brief (OSB) in question.  The award
under review covered over a two-year period and the narrative  in  the
citation relates to the specific achievements and  accomplishments  by
the applicant during the assignment.  While it cannot be  conclusively
determined what impact the omission of the award may have had  on  the
applicant’s promotion opportunity, we believe any doubt in  this  case
should be resolved in his favor.   Although  the  applicant’s  records
have  been  administratively  corrected,  we  believe  the   applicant
suffered an injustice by not having a  complete  record  when  he  was
considered for promotion.  In view of the foregoing, we recommend  the
applicant’s 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) for the Calendar Year  2003A  Lieutenant  Colonel  Central
Selection Board reflected under  Decorations  receipt  of  his  third,
rather than second, Air Force Commendation Medal in 1998.

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 Central Selection  Board,  with
inclusion of the citation to accompany the  award  of  the  Air  Force
Commendation (AFCM), First Oak Leaf Cluster (1OLC), for the period  27
January 1993 to 19 July 1995, in his Officer  Selection  Record  (OSR)
and his corrected OSB; and,  any  subsequent  boards  for  which  this
citation was not a matter of record.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01422 in Executive Session on 30 September 2004, under the  provisions
of AFI 36-2603:

                  Mr. Edward H. Parker, Panel Chair
                  Ms. Deborah A. Erickson, Member
              Ms. Janet I. Hassan, Member

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

   Exhibit A.  DD Form 149, dated 28 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Jul 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
   Exhibit E.  Letter from Applicant, dated 17 Aug 04.




                                   EDWARD H. PARKER
                                   Panel Chair



AFBCMR BC-2004-01422




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 Officer
Selection Brief (OSB) for the Calendar Year 2003A Lieutenant Colonel
Central Selection Board reflected under Decorations receipt of his
third, rather than second, Air Force Commendation Medal in 1998.

      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 Central Selection Board, with
inclusion of the citation to accompany the award of the Air Force
Commendation (AFCM), First Oak Leaf Cluster (1OLC), for the period 27
January 1993 to 19 July 1995, in his Officer Selection Record (OSR)
and his corrected OSB; and, any subsequent boards for which this
citation was not a matter of record.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency