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AF | BCMR | CY2005 | BC-2005-00234
Original file (BC-2005-00234.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00234
            CASE NUMBER:  5
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) for the Calendar Year 2003B (CY03B)  Major
Central Selection Board be corrected to reflect  his  correct  duty  history
and  that  he  receive  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of major for the CY03B Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His duty history reflects incorrect  and  incomplete  data.   The  Munitions
Flight Commander data, effective 31 May 2001 is  missing  and  the  Aircraft
Maintenance Unit, Officer In Charge  (OIC),  duty  data  is  incorrect.   It
should be effective 7 April 2003 (the date he made  a  permanent  change  of
assignment  (PCA)  from  the  2d Munitions  Squadron  to  the  2d   Aircraft
Maintenance Squadron) and  should  show  assigned  to  Aircraft  Maintenance
Squadron.  The missing data would show the board career  progression  within
the maintenance community.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended  active  duty  in  the  grade  of
captain effective and with a date of rank (DOR) of 11 August 1999.

On 14 March 2002, the Air Force Board for  Correction  of  Military  Records
(AFBCMR) considered  and  approved  the  applicant’s  request  to  have  the
nonjudicial punishment under Article 15, Uniform Code  of  Military  Justice
(UCMJ), initiated on 10 September 1998 and  imposed  on  23  September  1998
declared void and expunged from his records,  and  the  Officer  Performance
Report (OPR) rendered for the period 16 March  1998  through  15 March  1999
declared void and removed from his records.

Applicant was considered and not selected for  promotion  to  the  grade  of
major by the CY03B (8 December  2003)  Major  Selection  Board.   After  the
CY03B board adjourned, it was discovered the Article 15 and OPR  were  still
in the applicant’s record.  As a result he was  provided  consideration  for
promotion by SSB on 24 May 2004 and was not selected for promotion.

On 4 and 18 August 2004, the AFBCMR considered and  denied  the  applicant’s
request that his nonselection for promotion to the grade  of  major  by  the
Calendar Year 2003B (CY03B) Major Central Selection Board be set aside.

On 25 January and 1  March  2005,  the  AFBCMR  considered  and  denied  the
applicant’s request that he be directly promoted to the grade  of  major  as
though selected by the Calendar Year 2003B (CY03B) Major  Central  Selection
Board.

The applicant was considered for promotion to the  grade  of  major  by  the
CY04A (1 November 2004) Central Selection Board; however, the  results  have
not been released.  They are tentatively scheduled to  be  released  in  May
2005.

The applicant’s OSB prepared for the CY03B  Central  Major  Selection  Board
reflected a duty title of OIC 11 AMU effective 31 May 2001.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 15 Mar 98              Meet Standards (MS)
                 15 Mar 99            Removed by Order of SAF
                 15 Mar 00                   (MS)
                 01 Feb 01                   (MS)
                 01 Feb 02                   (MS)
                 23 Aug 02   Training Report (TR)
                 01 Feb 03                   (MS)
                 01 Feb 04                                    (MS)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommended  denial  indicating  although  the  applicant’s  OSB
contained the incorrect duty title data, his OPRs  closing  1 February  2002
and 1 February 2003 both reflect the correct duty title as Munitions  Flight
Commander.  In addition,  the  CY03B  Promotion  Recommendation  Form  (PRF)
correctly reflects his duty  title  as  Officer  in  Charge,  11th  Aircraft
Maintenance Unit.  As such, the board members were aware  of  the  officer’s
career progression and factored it during the  promotion  selection  process
at both his central and special selection boards.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 March 2005, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or injustice warranting the applicant’s  consideration
by a Special Selection Board for the CY03B Central  Major  Selection  Board,
with an OSB  reflecting  his  correct  duty  history.   The  Air  Force  has
determined the applicant’s duty history was incorrect when he met the  CY03B
selection board and it  has  since  been  corrected.   While  it  cannot  be
conclusively determined whether or not the incorrect duty  history  was  the
reason for his nonselection for promotion by the  CY03B  board,  we  believe
that  it  served  to  deprive  him  of  fair  and  equitable  consideration.
Therefore, the Board recommends his record, to  include  an  OSB  reflecting
his correct duty history, be considered for promotion by SSB for  the  CY03B
major 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 Officer  Selection  Brief  (OSB)
prepared for the Calendar Year  2003B  Central  Major  Selection  Board,  be
amended under the Assignment History section to reflect the following:

a.  Effective  31  May  2001,  the  Deputy  Title  be  changed  to   reflect
“Munitions Flight Commander,” rather than “OIC 11 AMU.”

b.  An additional entry be placed on his OSB  which  reflects,  Effective  7
April 2003, DAFSC “21A3,” Duty  Title  “OIC  11  AMU,”  Level  “WB,”  MAJCOM
“ACC,” Organization “Aircraft Maintenance SQ Barksdale.”

It is further directed that his record, to include the above corrected  OSB,
be considered for promotion to the  grade  of  major  by  Special  Selection
Board for the Calendar Year 2003B Central  Major  Selection  Board  and  any
subsequent boards in which the  above  corrections  were  not  a  matter  of
record.

_________________________________________________________________

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

                  Mr. Laurence M. Groner, Panel Chair
                  Ms. Jean A. Reynolds, Member
                  Mr. Clarence D. Long III, Member

All members voted to correct the record as recommended pertaining to  AFBCMR
Docket  Number  BC-2005-00234.   The  following  documentary  evidence   was
considered:

   Exhibit A.  DD Form 149, dated 7 January 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 16 March 2005,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 March 2005.




                 LAURENCE M. GRONER
                 Panel Chair


AFBCMR BC-2005-00234





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 Officer Selection Brief (OSB)
prepared for the Calendar Year 2003B Central Major Selection Board, be
amended under the Assignment History section to reflect the following:

                 a.  Effective 31 May 2001, the Deputy Title be changed to
reflect “Munitions Flight Commander,” rather than “OIC 11 AMU.”

                 b.  An additional entry be placed on his OSB which
reflects, Effective 7 April 2003, DAFSC “21A3,” Duty Title “OIC 11 AMU,”
Level “WB,” MAJCOM “ACC,” Organization “Aircraft Maintenance SQ Barksdale.”

      It is further directed that his record, to include the above
corrected OSB, be considered for promotion to the grade of major by Special
Selection Board for the Calendar Year 2003B Central Major Selection Board
and any subsequent boards in which the above corrections were not a matter
of record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency








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