RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01653
            INDEX CODE 131.01, 110.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection  Board  (SSB)  consideration  by  the
Calendar Year 2002B  (CY02B)  Below-the-Promotion-Zone  (BPZ)  Colonel
Central Selection Board with  inclusion  of  his  Officer  Performance
Report (OPR) closing 30 Nov 02, and the previously awarded “Definitely
Promote (DP)” Promotion Recommendation Form (PRF)  from  the  National
Defense University (NDU) President, and the following  corrections  to
the CY02B Officer Selection Brief (OSB):

           a.  The Assignment History section include his  assignments
as Chief of Staff/Senior Military Fellow, NDU, effective  14  Jun  02,
and Special Assistant to the Chairman, Joint Chiefs of  Staff,  OCJCS,
effective 1 Dec 02.

           b.  The Joint Reporting Category  and  Joint  Duty  History
sections indicate “Joint Staff.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records had errors despite repeated efforts to correct them  prior
to the CY02B board.  Because the corrections were not accomplished  by
HQ AFPC in time, his record failed to indicate he was promoted to  NDU
Chief of Staff and was Special Assistant to  the  CJCS,  and  did  not
include his 30 Nov 02 OPR from the NDU President.   His  duty  history
remained inaccurate even though an NDU Dean  and  the  Senior  Special
Assistant to the CJCS called AFPC offering  to  fax/hand-carry  papers
themselves  to  expedite  corrections.   Wrong  records   created   an
inaccurate picture for the promotion board.  He  provides  a  timeline
pertaining to his move from NDU to his by-name move to the OCJCS.

Included is a supporting statement from the NDU President  (the  rater
of the missing OPR and the CY02B PRF senior rater), who  confirms  the
CJCS by-name request for the applicant in Oct 02  and  the  assignment
effective date as 1 Dec 02.  The NDU President asserts  he  rated  the
applicant his #1 of 14 selectively hired lieutenant colonels and  gave
him his only “DP.”  The Special Assistant  to  the  CJCS  asserts  the
applicant’s record was incomplete without the 30 Nov 02 OPR, which was
completed, but not filed, in time for  the  board.   He  supports  the
applicant’s request.

The 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 lieutenant colonel (colonel selectee).

He was considered BPZ, but not selected, for promotion to the grade of
colonel by the CY02B board, which convened  on  3  Dec  02.   The  PRF
reflected an overall recommendation of “DP”  and  the  senior  rater’s
comment that the applicant was his #1 of 14 lieutenant colonels.   The
applicant’s duty  history  on  the  CY02B  OSB  did  not  include  his
assignment as Chief of Staff/Senior Military Fellow, NDU, effective 14
Jun 02, and as Special Assistant/CJCS, effective 1 Dec 02.  The  Joint
Reporting Category and Joint Duty History  sections  did  not  reflect
“Joint Staff.”

The 30 Nov 02 OPR was signed by  the  NDU  President  on  30  Nov  02;
however, the Air Force Advisor did not sign the OPR until  29 May  03,
five months after the CY02B Board had convened.

On 5 Jun 03, the applicant filed a similar appeal with the  Evaluation
Reports Appeal Board (ERAB).  The ERAB advised by letter, dated 14 Aug
03, that the 30 Nov 02 OPR was  not  required  to  be  on  file  until
approximately 30 Jan 03, after the  CY02B  board,  and  suggested  the
applicant file an appeal with the AFBFCMR.

The applicant was considered In-the-Promotion-Zone (IPZ) and  selected
for promotion to the grade of colonel by the  CY03B  selection  board,
which convened on 27 Oct 03.  The CY03B OSB  reflected  the  requested
data, and the PRF had an overall recommendation of “DP.”  Pursuant  to
an inquiry by the AFBCMR Staff, HQ AFPC/DPPPOO informally  advised  by
email they estimate the applicant may pin-on approximately 1 Jun 05.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO confirms the CY02B OSB contained erroneous  duty  history
information and provides a timeline showing AFPC processing events and
dates for the applicant’s requested move from NDU to JCS.  They  defer
SSB consideration to HQ AFPC/DPPPO.

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

HQ AFPC/DPPPO notes the rater did not indicate what  efforts  he  made
after his signature on the OPR to ensure the report was  expeditiously
processed and filed in the applicant’s selection record  in  time  for
the board.  AFI 36-2406 requires OPRs to be filed at HQ AFPC no  later
than 60 days following the closeout of the report.  The  OPR  was  not
required to be on file  until  30 Jan  03.   Further,  the  Air  Force
Advisor signed  the  report  after  the  CY02B  board.   Granting  SSB
consideration to include a report not required to  be  on  file  would
generate unfairness in the current promotion system.   They  recommend
SSB consideration based on the applicant’s assignment and  joint  duty
history errors on the CY02B OSB; however, the 30 Nov 02 OPR should not
be included.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues the crux of the AFPC argument  against  inclusion
of the 30 Nov 02 OPR is that AFPC was not “required”  by  the  AFI  to
include his OPR in the promotion folder because it was inside 60 days,
with a secondary argument that the CJCS needed 45 days’ notice for his
joint waiver.  However, but for numerous administrative delays at many
levels, AFPC would have accepted and posted the OPR in  time  for  the
board.  If his assignment had been posted in the computer in a  timely
manner, the duty title and OSB issue would be moot--AFPC  may  not  be
required by instructions to include OPRs written within 60 days of the
board, but they are allowed, and in  practice  do,  include  OPRs  and
other corrections within 60 days of a board.  The events which led  to
an incomplete promotion record meeting the CY02B board were  certainly
not pure, and a corrected, complete promotion record  should  meet  an
SSB for the sake of fairness and the intent of his  very  senior  flag
supervisors.  The applicant also provides  a  six-page  point-by-point
discussion of the evaluations and the issues.  He  concludes  that  if
the assignment had been recorded correctly and in a timely manner, the
promotion board would have accepted the OPR.  His supervisors  believe
a corrected, complete promotion record, including  one  reflecting  he
was Special Assistant to the CJCS and the 30  Nov  02  report,  should
meet an SSB.

The Special Assistant to the JCS  Chairman  (the  applicant’s  present
rater) indicates in her statement that her predecessor made her  aware
of  the  applicant’s  promotion  record  problem.   She  asserts   the
applicant’s senior raters intended the 30 Nov 02 OPR to be included in
his CY02B selection record.  She strongly urges the Board to grant SSB
consideration with this report included in the applicant’s record.

A complete copy of  applicant’s  response,  with  attachments,  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 warranting SSB  consideration  for
the CY02B selection board with a corrected OSB and  the  inclusion  of
the 30 Nov 02 OPR.  As acknowledged by HQ AFPC, the applicant’s  CY02B
OSB clearly omitted significant duty  history  information.   Further,
the supporting statements provided by the applicant assert the missing
OPR was completed  in  time  for  the  selection  board’s  review  but
administrative delays  prevented  its  inclusion  in  the  applicant’s
selection folder.  We find no basis  to  question  the  integrity  and
intentions of the NDU president and  the  Special  Assistants  to  the
CJCS.  Since the applicant’s promotion  opportunities  may  have  been
adversely impacted by  these  errors,  we  recommend  his  records  be
corrected as indicated below and he  be  afforded  SSB  consideration.
The applicant should know  that,  unless  he  raises  some  subsequent
objection,  standard  operating  procedures   would   use   the   same
“Definitely Promote” PRF considered by the CY02B board for the SSB.
_________________________________________________________________

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  date  in  Section  IX  of  the  Field  Grade   Officer
Performance Report, AF Form 707A, closing 30 November 2002, be changed
from “29 May 2003” to “1 December 2002.”

      b.  The Officer Selection Brief  for  the  Calendar  Year  2002B
(CY02B) Colonel Central Selection  Board  reflect  in  the  Assignment
History section his assignments  as  Chief  of  Staff/Senior  Military
Fellow, NDU, effective 14 June 2002,  and  Special  Assistant  to  the
Chairman, Joint Chiefs of Staff, OCJCS, effective 1 December 2002; and
include “Joint Staff” in the Joint Reporting Category and  Joint  Duty
History sections.

It is further recommended that his records, to include the OPR closing
30 November 2002, be considered for promotion to the grade of  colonel
by a Special Selection Board for the CY02B Colonel  Central  Selection
Board.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 November 2004 under the provisions of  AFI  36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, 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-
2004-01653 was considered:

   Exhibit A.  DD Form 149, dated 6 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAO, dated 24 Jun 04, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 15 Sep 04, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Sep 04.
   Exhibit F.  Letter, Applicant, dated 15 Oct 04, w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair




AFBCMR BC-2004-01653




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 date in Section IX of the Field Grade Officer
Performance Report, AF Form 707A, closing 30 November 2002, be changed
from “29 May 2003” to “1 December 2002.”

           b.  The Officer Selection Brief for the Calendar Year 2002B
(CY02B) Colonel Central Selection Board reflect in the Assignment
History section his assignments as Chief of Staff/Senior Military
Fellow, NDU, effective 14 June 2002, and Special Assistant to the
Chairman, Joint Chiefs of Staff, OCJCS, effective 1 December 2002; and
include “Joint Staff” in the Joint Reporting Category and Joint Duty
History sections.

      It is further directed that his records, to include the OPR
closing 30 November 2002, be considered for promotion to the grade of
colonel by a Special Selection Board for the CY02B Colonel Central
Selection Board.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency