RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02640
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade major by Special Selection
Board (SSB) for the Calendar Year 2003B Major Central Selection  Board
(CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During a telephonic records review in April 2004, the following errors
were discovered in his Officer  Selection  Record  (OSR):   His  first
Officer Performance Report (OPR) as a captain, for the  year  1996  to
1997 was missing; the citations for his Army Commendation Medal  (ACM)
for the period 7 May 1987 to 7 April 1989, and Army Achievement  Medal
(AAM) for the period 1 May 1997 to 5 June 1997 were missing;  and  his
academic  education  was  not  correctly  reflected  on  his   Officer
Selection Brief (OSB).  All errors have now been corrected.

Applicant does not submit any documentation in support of the appeal.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of captain.

Applicant was considered and not selected for promotion to  the  grade
of major by the CY03B Major Central Selection Board (CSB).

On 25 February 2004, applicant’s request that  his  Officer  Selection
Brief (OSB) be corrected to reflect his correct academic education was
considered and denied.   A  copy  of  the  Record  of  Proceedings  is
attached.  Subsequent to the Board’s  decision,  applicant’s  OSB  has
been corrected to reflect his Bachelor’s Plus (BAC+).

OPR profile since 1998, follows:

       PERIOD ENDING             EVALUATION OF POTENTIAL

         28 Jun 98               Meets Standards (MS)
         28 Jun 99                       MS
          8 Feb 00               Education/Training Report (TR)
         28 Jun 00                       MS
         28 Jun 01                       MS
         28 Jun 02                       MS
         28 Jun 03                       MS
         30 Mar 03                       MS

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO confirmed that the alleged missing report for the period  1
December 1996 to 6 June 1997 was in fact not filed in his OSR for  the
CY03B board.  Also, the applicant was a first lieutenant at  the  time
and not a captain as stated in his application.  To make his record as
accurate as possible, the Air Force Form 77 which was filed in his OSR
reflecting the period from 1  December  1996  to  5  August  1997  was
corrected to reflect 7 June 1997 to 5 August 1997 (the period  between
the close-out date of the officer’s last  performance  report  in  the
Army and his date  of  entry  into  the  Air  Force.).   Although  the
citations were not in his OSR  when  the  board  convened,  the  board
members knew of its existence as evidenced by the  decoration  entries
on his OSB.  They were factored into  the  promotion  evaluation.   In
summary, they state he did not exercise reasonable diligence to insure
his record was accurate prior to the board.  They further note AFI 36-
2501, paragraph 6.3.2.2, states “Do not have an SSB 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 ensuring his record was accurate prior to  the
CSB; therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he is in profound disagreement with the statement and
conclusions of the letter received in reference to his application for
an SSB.  This letter characterizes his actions without  any  facts  to
support the statements made in it.  It is his word as a United  States
Air Force officer that he placed the maximum interest  and  effort  to
ensure that his record was as accurate and complete as  possible.   He
diligently followed all instructions provided to him in writing before
the board took place and requested correction of all  errors  that  he
was aware of by using the appropriate offices and organizations.   The
errors presented are, in his opinion, of  sufficient  significance  to
warrant a SSB due to the competitive nature  of  this  event  and  the
minute discriminators that can make the difference one way or another.

For many years he presented to  AFIT  his  request  that  his  foreign
education be  listed  in  his  record.   They  repeatedly  denied  his
requests.  He has multiple e-mail transactions to prove  his  actions.
It was his surprise that after the board they considered updating  his
education to a BAC+ in Medical Sciences.   This,  although  incorrect,
was a step in the right direction to give him the credit for his years
of study.  His degree is an MD  from  the  Complutense  University  in
Madrid Spain.  It is also worth  noting  that  the  citations  to  his
awards were missing and being able  to  read  the  narrative  gives  a
valuable clue to the reason for the award and thus the true  merit  of
such.

A copy of applicant’s response 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.  After reviewing the evidence  of
record, we note that applicant’s record, when considered by the  CY03B
selection board, was missing the citations accompanying the awards  of
the Commendation  Medal/Achievement  Medal  and  his  Army  evaluation
report closing 6 June 1997.  The Air Force states that  the  applicant
did not  exercise  reasonable  diligence  to  insure  his  record  was
accurate.  We do not agree.  It appears that once  the  applicant  was
aware of the missing records  he  took  timely  action  to  have  them
corrected.  Therefore, in an effort to insure that  he  receives  fair
and  equitable  consideration  for  promotion,  we  believe  that  his
corrected record should be considered by SSB.  In view  of  the  above
determination, we recommend  his  record  be  corrected  as  indicated
below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to  include  the  US  Army  Officer  Evaluation
Report rendered for the period 1 December 1996 through 6 June 1997, be
consider for promotion to the grade  of  major  by  Special  Selection
Board for the Calendar Year 2003B Major Selection Board.

_________________________________________________________________

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

                  Mr. Michael K. Gallogly, Panel Chair
                  Mr. Gregory A. Parker, Member
              Mr. Christopher D. Carey, Member

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

   Exhibit A.  DD Form 149, dated 16 Aug 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 18 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.
   Exhibit E.  Applicant’s Response, dated 28 Nov 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair





AFBCMR BC-2004-02640




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, to include the US Army Officer Evaluation Report
rendered for the period 1 December 1996 through 6 June 1997, be
considered for promotion to the grade of major by Special Selection
Board for the Calendar Year 2003B Major Selection Board.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency