MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                          FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, Docket No:  BC-2005-00161

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      After considering the evidence provided for my review, I agree with
the minority member of the panel that the applicant’s request should be
granted.  In this regard, I am persuaded that the applicant exercised
reasonable diligence to ensure his record was correct prior to the
convening of the selection board in question.  Nonetheless, his Officer
Selection Brief (OSB) was inaccurate when he was considered for promotion
to the grade of lieutenant colonel by the Calendar Year 2004B Lieutenant
Colonel Central Selection Board.  In the commander’s statement of support,
he attests to the applicant’s efforts to review and make appropriate
changes to his records prior to the selection board and that the incomplete
changes occurred after the correction attempts.  It cannot be conclusively
determined what impact the erroneous OSB may have had on his promotion
opportunity.  However, given the unequivocal support from his commander and
having no basis to question his integrity, I believe the benefit of the
doubt should be resolved in the applicant’s favor and his OSB corrected as
requested.  Accordingly, it is my decision that the applicant be considered
for promotion to the grade of lieutenant colonel by a Special Selection
Board for the Calendar Year 2004B Lieutenant Colonel Central Selection
Board, with inclusion of the corrected OSB.




                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency



AFBCMR BC-2005-00161




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 by amending the Officer Selection Brief
(OSB), prepared for the Calendar Year 2004B Lieutenant Colonel Central
Selection Board, to reflect his short tour assignment to Korea; and, the
entries under the Assignment History Section to reflect the Duty Air Force
Specialty Code (DAFSC) of “11F3Q” and duty title of “AT-38C IFF Instructor
Upgrade,” effective 15 June 2004, and the DAFSC of “11F3Y” and level of
assignment of “NAF,” effective 29 May 2003.

      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 2004B Lieutenant Colonel Central Selection Board, with inclusion of
his corrected OSB.



            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00161

            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 JULY 2006
_________________________________________________________________


APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB), prepared for the CY04B Lieutenant
Colonel Central Selection Board (P0504B), be corrected as follows:

      a.  The Assignment History Section should reflect the correct Duty
Air Force Specialty Code (DAFSC) and duty title effective 15 June 2004,
and DAFSC and level of assignment for his duty title effective 29 May
2003.

      b.  The Overseas Duty History Section should reflect completion
of his short tour to Korea.

He be considered for promotion to the grade of lieutenant colonel by a
Special Selection Board (SSB) for the CY04B Lieutenant Colonel Central
Selection Board (P0504B), with the corrected OSB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The incorrect OSB, filed in his Officer Selection Record (OSR), did
not properly represent his career.  As such, he believes it would have
been difficult for the board to understand his current assignment as
well as develop the proper perspective of his experience,
contributions to the Air Force and potential.

He made multiple attempts to correct the DAFSC error for the Osan
assignment.  The error appeared to have been corrected but was
subsequently changed without his knowledge.  The errors for the most
current assignment were entered just prior to the final OSB printout
due to the timing of this assignment.  He was not made aware of the
error until receiving a copy of his records after the board, which
differed from the records he had access to prior to the board.  His
short tour was not submitted by the Military Personnel Flight (MPF)
until after the board met.

In support of his request, applicant submits copies of his corrected
duty history information and his Officer Performance Report (OPR),
closing 14 May 2004.  The applicant’s complete submission, with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
22 April 1989.  He is currently serving on active duty in the grade of
major, with a date of rank of 1 February 1997 and an effective date of
15 May 2003.

Applicant's profile for the last seven reporting periods follows:

            Period Ending    Evaluation

               8 Nov 97      Meets Standards (MS)
              29 May 99           MS
              29 May 00           MS
              29 May 01           MS
              29 May 02           MS
              14 May 03           MS
            # 14 May 04           MS


# Top report at the time he was considered and nonselected for
promotion to lieutenant colonel by the CY04B Lieutenant Colonel
Central Selection Board, which convened on 12 July 2004.

Information maintained in the Military Personnel Data System (MilPDS)
reveals applicant’s Duty History for the effective periods in question
follows:

Effective Date   DAFSC Duty Title            Command Level

29 May 03   11F3Y      Commander, Armistice  NAF
                 Ops Flight

15 Jun 04   11F3Q      AT-38C IFF Instructor WB
                 Upgrade

Information extracted from the  applicant’s  citation  to  accompany  the
Meritorious Service Medal (MSM), Second Oak Leaf Cluster (2OLC), reflects
an overseas short tour assignment to Osan Air  Base,  Republic  of  Korea
(ROK) during the period 29 May 2003 to 20 May 2004.

_________________________________________________________________
AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the application be denied.  DPPPO states the
final OSB for the P0504B board was generated on 4 July 2004 and the
applicant arrived at his new duty station, Moody AFB, on 24 May 2004.
This gave the applicant more than 30 days prior to the Central
Selection Board (CSB) to confirm whether his duty information was
correct in the MilPDS.  The applicant provides no documentation to
support he took any action to ensure the accuracy of the record prior
to the CSB.  Regarding the incorrect DAFSC and command level for his
duty title entry effective 29 May 2003, in reviewing his record, DPPPO
noted his top OPR, closing 14 May 2004, and his Promotion
Recommendation Form (PRF) both reflect the correct DAFSC (11F3Y) and
command level (7 AF).  Upon reviewing the applicant’s Officer
Selection Record (OSR) that met the P0504B board, DPPPO found his top
OPR, closing 14 May 2004, and the assignment history on his OSB
reflected his overseas assignment to Korea.  Further, the citation for
the MSM, which he received for his Korea tour, was on file when his
record met the board.  Since central boards evaluate the entire OSR to
include the PRF, OPRs, decorations, letters of evaluation and data on
the OSB, DPPPO does not believe the contested errors on the OSB caused
the applicant’s nonselection for promotion. 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 indicates the overseas
duty history block is vital as it would have highlighted his short
tour without having to scrutinize the assignment history.  He stands
behind his conviction that the multiple errors and omissions on the
OSB had a significant impact on his nonselection.  He made every
reasonable attempt to detect and repair any errors.  The errors listed
were beyond his control due to their timing or were changes that
occurred after he had the error fixed.  He, therefore, requests the
opportunity to meet an SSB.  The applicant’s commander submits a
statement wholeheartedly endorsing the applicant’s request.  His
commander believes the errors present on the applicant’s OSB could
incorrectly sway a reviewing official in a negative direction.  He
goes on to state that the applicant exploited the correct measures to
review his records and make appropriate changes prior to the selection
board.  Incomplete changes to his OSB and personnel records occurred
after his correction attempts and during his PCS from his remote tour
at Osan AB.  The applicant’s complete submission, 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.  Insufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  After reviewing applicant’s submission and
the evidence of record, the Board majority noted that the requested OSB
corrections; i.e., assignment and overseas duty history, were reflected
in his top OPR, closing 14 May 2004, his P0504B Performance
Recommendation Form (PRF) and the Meritorious Service Medal (MSM)
citation, which were contained in his Officer Selection Record (OSR).
Inasmuch as the aforementioned documents were a matter of record, the
CY04B (P0504B) selection board members had access to the applicant’s
correct assignment/overseas duty history when he was considered for
promotion by the CY04B selection board.  Selection boards consider a
member’s entire record, assessing whole person factors, and the
applicant’s belief that the missing short tour assignment and incorrect
duty history entries were the reason for his nonselection is pure
speculation.  The Board majority believes the selection board in question
had access to sufficient information concerning the applicant’s
accomplishments on which to base a reasonable decision concerning his
standing with relationship to his peers.  It is the Board majority’s
opinion that the duty history entries and missing short tour assignment
were harmless errors.  In the absence of persuasive evidence to the
contrary, the Board majority agrees with the opinion and recommendation
of the Air Force office of primary responsibility and adopts the
rationale expressed as the basis for their decision that the applicant
has failed to sustain his burden that he has suffered an injustice.
Accordingly, the Board majority finds no basis to recommend granting the
relief sought in this application.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
________________________________________________________________

The following members of the Board considered this application in
Executive Session on 17 May 2005, under the provisions of AFI 36-2603:

                  Ms. B. J. White-Olson, Panel Chair
                  Ms. Patricia R. Collins, Member
                  Ms. Janet I. Hassan, Member

By a majority vote, Ms. White-Olson and Ms. Hassan voted to deny
applicant's request.  Ms. Collins voted to grant the applicant's
request but did not desire to submit a minority report.  The following
documentary evidence was considered in connection with AFBCMR Docket
Number BC-2005-00161.

   Exhibit A.  DD Form 149, dated 27 Dec 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 16 Mar 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.
   Exhibit E.  Letter from Applicant, dated 28 Apr 05, w/atchs.




                                   B. J. WHITE-OLSON
                                   Panel Chair