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AF | BCMR | CY2005 | BC-2004-03923
Original file (BC-2004-03923.doc) Auto-classification: Approved




                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03923
            INDEX CODE: 131.01
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  26 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board  (SSB)  consideration  for  the
Calendar Year 2004B (CY04B) Lieutenant Colonel (LTC) Central Selection
Board (CSB) with the Officer Selection Brief (OSB) corrected to show a
Duty Air Force Specialty Code (DAFSC) of 11H2E for the 16 Jan  97  and
1 May 97 assignment history entries, and a DAFSC  of  B11H2E  for  the
4 Jan 99 assignment history entry.

[Note:  The applicant’s duty title/DAFSC  on  his  23 Jun  00  Officer
Performance Report (OPR), Assistant  Chief,  Mobility/11H2E,  was  not
reflected on the CY04B OSB.  Although the applicant  indicates  he  is
aware of this discrepancy, he does not choose to  include  it  in  his
justification for SSB consideration.  However, the Board may  want  to
consider this issue along with the others.  See Statement of Facts.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

The DAFSCs for these assignment history entries incorrectly identified
his status as aircraft commander and did not match the  DAFSC  on  his
OPRs for that period.  Taken in context  with  the  15 Feb  00  entry,
which correctly reflected his  status  as  a  copilot,  the  erroneous
DAFSCs give the mistaken  impression  he  was  downgraded  in  aircrew
qualification.  The DAFSC discrepancy could  have  been  viewed  as  a
career regression by the promotion board  and  would  have  negatively
impacted the scoring of his records.  He attempted to correct his  OSB
prior to the board but was given incorrect guidance from his  military
personnel flight (MPF).

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the  grade  of  major  (date  of
rank: 1 Aug 00) with the 41st Rescue Squadron at Moody AFB, GA.

He was considered but not selected for promotion by the CY04B LTC CSB,
which convened on 12 Jul 04.  The Promotion Recommendation Form  (PRF)
reflected a DAFSC of S11H3E and an overall promotion recommendation of
“Promote.”  The OSB’s assignment history entries of 16 Jan  97,  1 May
97, and 4 Jan 99,  reflected  DAFSCs  of  11H3E,  11H3E,  and  B11H3E,
respectively.  The applicant’s duty title/DAFSC on his 23 Jun 00  OPR,
Assistant Chief, Mobility/11H3E, was not reflected on the  CY04B  OSB.
HQ AFPC/DPAO advised the DAFSCs in question  were  incorrect  (Exhibit
C).

His OPR profile with DAFSCs for the CY04B board follows:

      PERIOD ENDING          EVALUATION OF POTENTIAL/DAFSC

        23 Jun 96                    Meets Standards/Q11H3C
        23 Jun 97                    Meets Standards/11H2E
        23 Jun 98                    Meets Standards/11H2E
        23 Jun 99                    Meets Standards/B11H2E
        23 Jun 00                    Meets Standards/11H3E
                                  (Corrected via ERAB to 11H2E)
        15 Apr 01                    Meets Standards/11H2E
        15 Apr 02                    Meets Standards/S011H3E
        15 Apr 03                    Meets Standards/S11H3E
        15 Apr 04                    Meets Standards/11H3E

On 16 Dec 04, the applicant submitted  an  appeal  to  the  Evaluation
Reports Appeal Board (ERAB)  under  the  provisions  of  AFI  36-2401,
requesting the DAFSC on his 23 Jun 00 OPR be  changed  from  11H3E  to
11H2E.  On 30 Jan  05,  the  ERAB  notified  the  applicant  they  had
approved the DAFSC change on the OPR  but  not  his  request  for  SSB
consideration.  The ERAB did not  approve  SSB  consideration  because
they were aware of  other  issues  pending  via  the  AFBCMR  process.
[Note:  HQ AFPC/DPAO confirmed via email, dated 5  May  05,  that  the
duty title and corrected DAFSC on the applicant’s 23 Jun 00 OPR should
have been included on his OSB.]

Since the CY04B board, the  applicant’s  duty  history  entries/DAFSCs
with respect to  the  pertinent  periods  have  been  administratively
corrected as follows:

      EFFECTIVE DATE   DUTY TITLE/DAFSC

         24   Jun   00              Chief,   Combat   Readiness/HH-60G
Pilot/11H2E
        15 Feb 00            Assistant Chief, Mobility/11H2E
        04 Jan 99            Squadron Maintenance Officer/B11H2E
        01 May 97            Chief, Wing Training/11H2E
        16 Jan 97            Safety Officer/11H2E

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO confirms the DAFSCs for the stated dates on  the  OSB  as
being incorrect.  Based on the OPRs as the source documentation,  they
have verified  the  supporting  evidence  and  recommend  the  OSB  be
corrected to reflect the proper DAFSCs.  They defer to  HQ  AFPC/DPPPO
for SSB consideration.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO  argues  that,  although  the  OSB  contained  incorrect
DAFSCs, the applicant’s OPRs contained the correct DAFSCs.  Therefore,
the CSB had this information available when evaluating the applicant’s
record.  As such, the corrected history data does  not  introduce  any
new information that was not already considered  by  the  board.   The
Military Personnel Data System (MPDS) has been updated to reflect  the
correct information.   DPPPO  explains  they  are  not  convinced  the
contested errors caused the  applicant’s  nonselection.   Further,  by
exercising reasonable diligence, the applicant should have  discovered
the error or omission and could have taken  corrective  action  before
the board convened.  DPPPO points out what seems to be a missing  duty
entry based on the 23 Jun 00 OPR’s  duty  title  of  Assistant  Chief,
Mobility [Note: HQ AFPC/DPAO has confirmed that this duty entry should
have been on the OSB.]  Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts he attempted to correct his records prior to the
CY04B board but was  erroneously  told  by  the  MPF  that  he  needed
signatures from every evaluator to correct the DAFSCs  on  the  23 Jun
97, 98, and 99 OPRs.  Based on this guidance he had insufficient  time
to correct his OPRs and, not until Dec 04 did he discover  these  OPRs
were correct and he only needed to change the OSB assignment  history.
AFPC’s argument that the OSB corrections  do  not  introduce  any  new
information not already considered by the promotion  board  is  flawed
because it does not account for the DAFSC error on the 23 Jun 00  OPR.
The OSB incorrectly identified him as an  aircraft  commander  (11H3E)
from 16 Jan 97 until 15 Feb 00, when he was identified  as  a  copilot
(11H2E).  This created the mistaken impression he was downgraded  from
aircraft commander to copilot, as  did  the  incorrect  DAFSC  on  the
23 Jun 00 OPR.  Any evidence suggesting career regression would create
a profoundly negative impact on a board  member’s  assessment  of  the
whole officer.  His records have since been corrected to  reflect  the
omitted duty title of Assistant Chief, Mobility,  for  the  period  of
15 Feb 00 to 23 Jun 00, based on the 23 Jun 00 OPR.  As  he  does  not
believe this error was  material  to  his  nonselection,  he  has  not
included it in his justification for SSB consideration.

Also provided is a statement from  the  senior  rater,  who  expresses
surprise at the applicant’s nonselection for promotion  by  the  CY04B
LTC board.  He fully supports the applicant’s assertion that the DAFSC
discrepancies in his records presented a  misleading  picture  to  the
promotion board.  Nothing is more fundamental to a  promotion  board’s
assessment  of  the  whole  person  than  evidence  of  steady  career
progression.  The senior rater believes that if  the  promotion  board
mistakenly assumed the applicant was downgraded, it would  assign  his
records a significantly lower score.  He urges the Board  approve  the
applicant’s request for SSB consideration with a correct record.

Complete copies of applicant’s response, with  attachments,  including
the senior rater’s statement, are at 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  error  or  injustice  to  warrant  correcting  the
applicant’s CY04B  OSB  and  affording  him  SSB  consideration.   The
applicant appears to  have  been  given  misleading  advice  regarding
correcting his  records,  and  HQ AFPC/DPAO  confirmed  the  pertinent
DAFSCs were incorrect.  These errors have since been corrected and the
senior rater supports the applicant’s  request.   We  agree  with  the
senior rater and the applicant’s contentions that the contested DAFSCs
probably created the mistaken impression the applicant was  downgraded
from aircraft commander to copilot.   We  note  the  applicant’s  duty
title of Assistant Chief, Mobility, effective 15 Feb 00,  was  missing
from the CY04B OSB.  We also note the applicant chooses not to include
this discrepancy in his justification for SSB consideration,  claiming
he does not believe the omission  was  material  to  his  nonselection
because his records have since been corrected.  We, however,  are  not
so certain this omission should  remain  unaddressed  considering  the
corrections to his duty history  were  accomplished  after  the  CY04B
selection board, and we wish  to  preclude  the  possibility  of  this
particular  issue  being  raised  in  the  future.   While  we  cannot
determine conclusively whether the contested DAFSCs  and  the  missing
duty title  resulted  in  the  applicant’s  nonselection,  we  believe
together these errors may have adversely impacted his  receiving  full
and fair consideration by the CY04B board.  In view of the  above,  we
recommend the CY04B  OSB  be  amended  as  indicated  below,  and  the
applicant be afforded SSB consideration for the CY04B LTC board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT,  be  corrected  to  show  that  the  Assignment
History of the Officer Selection Brief for  the  Calendar  Year  2004B
(CY04B) Lieutenant Colonel Central Selection Board (CSB) is amended as
follows:

      a.  The 16 January 1997 and 1 May 1997 duty  entries  reflect  a
Duty Air Force Specialty Code (DAFSC) of “11H2E,” rather than “11H3E.”

      b.  The 4 January 1999 duty entry reflects a DAFSC of  “B11H2E,”
rather than “B11H3E.”

      c.  The “11H2E, Chief, Combat Readiness/HH-60G Pilot” duty entry
reflects an effective date of “24 June 2000,” rather than “15 February
2000;” and a duty entry of “15 February 2000, 11H2E, Assistant  Chief,
Mobility, Kadena, Japan” is added.

It is further recommended he be considered for promotion to the  grade
of lieutenant colonel by a  Special  Selection  Board  for  the  CY04B
Lieutenant Colonel CSB.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 June 2005 under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Mr. Clarence D. Long III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-03923 was considered:

   Exhibit A.  DD Form 149, dated 15 Dec 05 [sic], w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAO, dated 14 Feb 05.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 25 Mar 05, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 1 Apr 05.
   Exhibit F.  Letters, Applicant, dated 18 Apr 05, w/atchs,
                       and Senior Rater, dated 22 Apr 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2004-03923




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 the Assignment
History of the Officer Selection Brief for the Calendar Year 2004B
(CY04B) Lieutenant Colonel Central Selection Board (CSB) is amended as
follows:

           a.  The 16 January 1997 and 1 May 1997 duty entries reflect
a Duty Air Force Specialty Code (DAFSC) of “11H2E,” rather than
“11H3E.”

           b.  The 4 January 1999 duty entry reflects a DAFSC of
“B11H2E,” rather than “B11H3E.”

           c.  The “11H2E, Chief, Combat Readiness/HH-60G Pilot” duty
entry reflects an effective date of “24 June 2000,” rather than
“15 February 2000;” and a duty entry of “15 February 2000, 11H2E,
Assistant Chief, Mobility, Kadena, Japan” is added.

      It is further directed he be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the CY04B
Lieutenant Colonel CSB.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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