RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01930
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief be corrected and  his  record,  to  include  his
most recent Officer  Performance  Report  (OPR)  (1 September  2002-13  June
2003), be considered by Special  Selection  Board  (SSB)  for  promotion  to
Lieutenant Colonel by the selection board that convened on 8 July 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

An entire year of his Air Force career was not depicted correctly to the  CY
P0503A Lieutenant Colonel  Promotion  Board,  and  several  items  were  not
correct on the Officer Selection Brief  (OSB)  viewed  by  the  board.   The
discrepancy areas were  Assignment  History  (current  duty  title  was  not
listed), incorrect dates, incorrect previous duty title/DAFSC, and  Overseas
History.  He attempted to correct all discrepancies in April  and  May  2003
with  his  local  Military  Personnel  Flight.    All   discrepancies   were
effectively corrected and updated in the Virtual Military  Personnel  Flight
in May 2003, prior to the time the promotion board convened.   However  this
information was not reflected correctly on the OSB dated 1  July  2003,  nor
did the selection board view his most recent OPR.  Without his current  duty
title accurately reflected and his  missing  OPR,  it  appeared  he  had  no
career advancement in the year preceding his primary  O-5  promotion  board.
These errors and omissions in his record were  significant  reasons  why  he
was passed over in the primary zone to O-5.  An accurate record and  current
OPR should be viewed by the supplemental board.

In support of the application, the applicant submits  supportive  statements
from the rater and additional rater of the OPR closing 13 June 2003, a  copy
of his OSB dated 1 July 2003, and a copy of his  Active  Duty  Officer  Data
Verification  Brief  (DVB).   The  applicant's  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military Service  Date  as  1
June 1988.  He is currently serving on active duty in the  grade  of  major,
with a date of rank of 1 October 1999.  The applicant has two  nonselections
for promotion by the CY03A (8  Jul  03,  P0503A),  and  CY04B  (12  Jul  04,
P0504B) Lieutenant Colonel  Central  Selection  Board  (CSB).   His  current
estimated date of separation (DOS) is 30 June 2007.

The following is  a  resume  of  his  Officer  Performance  Reports  ratings
commencing with the report closing 12 March 2000.

  PERIOD ENDING  PERFORMANCE STANDARDS

   12 Mar 2000    Meets Standards (MS)
   15 Sep 2000         MS
   31 Aug 2001         MS
   31 Aug 2002         MS
*  13 Jun 2003         MS
   13 Jun 2004         MS


* - Contest OPR.  In addition, this was the top report on file at
    the CY03A Lieutenant Colonel Selection Board, which convened
    on 8 July 2003.

The contested report was signed by  the  rater  on  10  February  2004,  the
additional rater on 26 February 2004, and the reviewer on 7 March 2004.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO acknowledges the applicant has  presented  evidence  indicating
his OSB before the subject board contained errors and his last OPR  was  not
filed in his Officer Selection Record (OSR).  DPAO defers  to  HQ AFPC/DPPPO
for SSB consideration (Exhibit C).

HQ AFPC/DPPPO recommends denial.  DPPPO notes the  applicant  has  one  non-
selection to the grade of lieutenant  colonel  by  the  P0503A  CSB.   DPPPO
states  officers  being  considered  by  promotion  boards  have   different
closeout dates for their performance reports.  DPPPO  states  that  OPRs  on
EAD officers are due to HQ AFPC no later than 60 days following closeout  of
the report.  The applicant’s OPR that closed out  on  13  June  03  was  not
required to be on file until 13 August 2003 (board convened  8  July  2003).
DPPPO opines since  many  eligible  officers  fall  into  this  predicament,
approving SSB consideration with a report not required to be on  file  would
generate unfairness in the current promotion process.

DPPPO notes the applicant’s current duty title data  was  reflected  on  his
PRF, and the other contested duty title entries were correctly reflected  on
his corresponding OPRs and his overseas assignment was reflected on  his  31
August 2001 OPR and citation for MSM (1OLC), indicating  the  board  members
were aware of the member’s career progression.

DPPPO’s evaluation, with attachments, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his 20 October 2004 response, the applicant states  his  reasons  why  he
should have been promoted.  In support of his statement, he provided a  copy
of the CY 2003 LAF Lt Colonel Board Statistics, the original contested  OPR,
support memorandum, and MilPDS Extraction (Exhibit F).
_________________________________________________________________

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 probable error  or  injustice.   Technically,  the  applicant’s
June 2003 was not required to be on file at  the  CY03A  Central  Lieutenant
Colonel Selection Board; however, we  believe  its  absence  constitutes  an
injustice.  In this respect, the rater and  additional  rater  unequivocally
indicate it was their intent that the contested report be considered by  the
CY03A selection board.  While it is not possible to  determine  what  effect
the lack of the contested report had on the promotion board, we  believe  it
served to deprive him of full  and  fair  consideration.   In  view  of  the
foregoing and in the absence of a basis to question the integrity  of  these
individuals, the benefit of any doubt should be resolved in the  applicant’s
favor.  Additionally, the applicant’s OSB did not contain  an  accurate  and
up-to-date accounting of his duty assignments.  We  are  unable  to  discern
the  cumulative  impact  the  above  inaccuracies/injustices  had   on   his
promotion opportunities.  However, to assure the applicant has not been  the
victim of a  promotion  injustice,  any  doubt  in  this  matter  should  be
resolved in his favor.  Accordingly, his records should be corrected in  the
following manner.
_________________________________________________________________

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 Officer  Selection  Brief  prepared  for  consideration  by  the
Calendar Year 2003A (CY03A) Central Lieutenant Colonel  Selection  Board  be
amended to show:

        (1)  His overseas tour in Saudi Arabia from 18 Sep  2000  to  31 Aug
2001 in the Overseas Duty History section.

        (2)  In the Assignment History section, the 30  May  2002  effective
date for his assignment as “ADO/F-15E Flight Examiner be changed  to  1  Sep
2001, and, add the duty assignment “FLT CC RANGERS/AS OPS F-15E  SEFE”,  W/B
Level, MAJCOM:  ACC,  Organization:  Operation  Support  Squadron,  Mountain
Home, effective 7 Oct 2002.

    b.  The Officer Performance Report (OPR), AF  Form  707A,  rendered  for
the period of 1 Sep 02 through 13 Jun 03, be amended to show the report  was
signed by the rater on 23 Jun 03 rather than 10 Feb 04,  by  the  additional
rater on 24 Jun 03 rather than 26 Feb 04, and by the reviewer on 25  Jun  03
rather than 7 Mar 04; and, the report was accepted for file in  his  Officer
Selection Record on or before 7 July 2003.

It is  further  recommended  that  his  correct  record  be  considered  for
promotion to the grade of lieutenant colonel by a  Special  Selection  Board
for the CY03A Selection Board.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
01961 in Executive Session on 19 January 2004, under the provisions  of  AFI
36-2603:

                 Mr. Frederick R. Beaman III, Panel Chair
                 Mr. Michael J. Novel, Member
                 Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered :

      Exhibit A.  DD Form 149, dated 8 Jun 04 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPAO, undated.
      Exhibit D.  Letter, HQ AFPC/DPPPO, dated 10 Sep 04, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 24 Sep 04.
      Exhibit F.  Applicant’s Rebuttal, dated 20 Oct 04, w/atchs.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

AFBCMR BC-2004-01930




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:

          a.  The Officer Selection Brief prepared for consideration by
the Calendar Year 2003A (CY03A) Central Lieutenant Colonel Selection
Board be amended to show:

              (1)  His overseas tour in Saudi Arabia from 18 Sep 2000 to
31 Aug 2001 in the Overseas Duty History section.

              (2)  In the Assignment History section, the 30 May 2002
effective date for his assignment as “ADO/F-15E Flight Examiner be
changed to 1 Sep 2001, and, add the duty assignment “FLT CC RANGERS/AS
OPS F-15E SEFE”, W/B Level, MAJCOM: ACC, Organization: Operation Support
Squadron, Mountain Home, effective 7 Oct 2002.

          b.  The Officer Performance Report (OPR), AF Form 707A,
rendered for the period of 1 Sep 02 through 13 Jun 03, be amended to show
the report was signed by the rater on 23 Jun 03 rather than 10 Feb 04, by
the additional rater on 24 Jun 03 rather than 26 Feb 04, and by the
reviewer on 25 Jun 03 rather than 7 Mar 04; and, the report was accepted
for file in his Officer Selection Record on or before 7 July 2003.

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





JOE G. LINEBERGER


Director

                                           Air Force Review Boards Agency