RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00459
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  7 Aug 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Duty Air Force Specialty Code (DAFSC) and Duty Title  History  be
corrected on the Officer Selection Brief (OSB) prepared  on  him  and
viewed by the CY02B Lieutenant Colonel Central Selection Board.

His DAFSC on the Promotion Recommendation Form (PRF) prepared on  him
and viewed by the CY02B Lieutenant Colonel Central Selection Board be
corrected.

The citation for the Air Force  Achievement  Medal,  First  Oak  Leaf
Cluster (AFAM) (1OLC) presented to him for the period 7 May 01 to  26
May 01 be included in his Officer  Selection  Record  (OSR)  for  the
CY02B Lieutenant Colonel Central Selection Board.

The citation for the Meritorious Service Medal (MSM) presented to him
for the period 20 Dec 99 to 1 Dec  01  be  included  in  his  Officer
Selection Record (OSR)  for  the  CY02B  Lieutenant  Colonel  Central
Selection Board.

He be considered for promotion to the grade of lieutenant colonel  by
special selection  board  (SSB)  for  the  CY02B  Lieutenant  Colonel
Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He tried to have his records  corrected  numerous  times  before  the
promotion board convened, but due to problems with the upgrade of the
Military Personnel Data System (MilPDS), the  requested  changes  did
not take effect.  The Evaluation Reports Appeal Board (ERAB) approved
corrections to his Officer Performance Report (OPR) closing 4 Nov 02,
but denied his request for promotion consideration by SSB.

His primary concern is that the ERAB did not take into  consideration
all of the factors involved with his records as they appeared  before
the CY02B Lieutenant Colonel Central Selection Board.  In regards  to
his exercising due diligence, the applicant states that  all  of  the
errors in his record were out of his control to change, not  apparent
on the Officer Preselection Brief (OPB), or the attempted corrections
failed.  He feels the cumulative effect of  all  the  errors  in  his
record may have sent the wrong signal to the promotion board.

In support of his appeal, the applicant provides a copy of  his  ERAB
appeal and copies of other pertinent documents relevant to his AFBCMR
appeal.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty  in  the  grade  of
major.  His Total Active Federal Military Service Date (TAFMSD) is 15
Jan 88.  The applicant was considered but not selected for  promotion
to the grade of lieutenant colonel by the CY02B (12 Nov 02), CY03A (8
Jul 03), and CY04B (12 Jul 04) Lieutenant Colonel  Central  Selection
Boards.  The applicant’s last ten OPRs  reflect  overall  ratings  of
“Meets Standards.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPASA confirms that the applicant’s OSB for the CY04B Lieutenant
Colonel Central Selection Board is correct based on the documentation
he submitted.  They recommend the Board  consider  this  in  deciding
what corrections should be made to the applicant’s  records  for  the
CY02B promotion board.

The complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s requests.  In regards
to the applicant’s request to change the DAFSC on his PRF  viewed  by
the CY02B Lieutenant Colonel Central Selection Board, they note  that
while it was appropriate for the  ERAB  to  correct  the  applicant’s
DAFSC on his OPR, it is not appropriate to make changes to  the  PRF.
They note that OPRs are permanent documents in the OSR while PRFs are
only used for a specific board.  The requested changes to the  DAFSCs
are administrative in nature and do not remove  or  add  positive  or
negative information not previously known.

In comparing the OSB for the CY04B promotion board (which  AFPC/DPASA
states is correct) with the OSB for the CY02B board, they assume  the
errors the applicant is referencing on his OSB for  the  CY02B  board
are his DAFSCs for the entries on 12 Dec 01 and 17 Sep  02  and  also
his duty title for 17 Sep  02.   Although  the  applicant  states  he
attempted to correct his record numerous times before the  board,  he
did not follow up to ensure the errors had been corrected in  MilPDS.
They are not  convinced  the  noted  errors  caused  the  applicant’s
nonselection for promotion.

Regarding the two award citations, although they were  not  filed  in
the applicant’s OSR, they were reflected on the OSB.   Therefore  the
promotion board factored them  in  when  evaluating  the  applicant’s
record.  They also note that many of the accomplishments reflected on
the citations were captured in the OPR closing 4 Nov 01.   Also,  the
applicant did not provide any documentation to support  what  actions
he took to ensure the accuracy of his records prior to the  promotion
board convening.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant  addresses
three assertions he believes are in error:

        a.  He does not believe  the  conclusion  put  forth  in  the
evaluation that the errors in his record are  immaterial  takes  into
consideration the cumulative effects of all the errors involved.   He
believes of the eight total errors contained in his record, the  four
most significant are  the  incorrect  duty  title  on  his  OSB,  the
incorrect school recommendation on his top OPR, and the  two  missing
citations for his latest awards.   The  applicant  explains  what  he
believes is the impact of each error.  He opines that while  any  one
error may not rise to the level considered to be a material error, it
is difficult for him to believe that the  cumulative  effect  of  all
eight errors in his record would  not  have  had  an  effect  on  the
promotion board.

        b.  The applicant addresses his efforts to  get  his  records
corrected in the MilPDS prior to his promotion board.  He includes  a
letter from his section commander detailing his efforts.   He  states
that the inadvertent change to his DAFSC happened  when  his  records
were being prepared for  the  promotion  board  and  caused  the  OSB
snapshot to reflect an inaccurate and unfavorable history of his duty
progression.

        c.  Regarding the  issue  of  due  diligence,  the  applicant
details his actions to review his records.  He states the only  error
he noted on his OSB was his DAFSC.  Since his  awards  were  properly
listed, he made a  reasonable  assumption  that  the  citations  were
already in his records.  Applicant indicates he was  most  frustrated
by the errors on his OSB since he did not have  direct  control  over
the process  of  updating  his  records.   He  requested  corrections
through his chain  of  command  and  would  follow  up  to  find  the
corrections were not accomplished.   He  states  that  prior  to  his
promotion board, the only error he was aware of was his DAFSC and  he
exercised due diligence to get this corrected.

         d.  Regarding  the  opinion  expressed  in  the  Air   Force
evaluation that they were  not  convinced  that  any  of  the  errors
resulted in his nonselection based on the factors considered  by  the
board, the applicant states he wonders if the board  also  considered
the fact that he moved to a new technically challenging job  and  had
less than six months time on station when his PRF  was  written.   He
states he has had his records reviewed by several people and  no  one
is able to tell him why he was not promoted.  All he is asking for is
an opportunity for his records to be corrected and reviewed, as  they
should have appeared before the board.

The applicant’s complete response, with attachment, is 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.  Although it  cannot  be  stated
with certainty the errors  in  the  applicant’s  records  caused  his
nonselection for promotion, this is probably the  best  justification
to correct his records and grant him promotion consideration by  SSB.
Only a duly constituted promotion board can make the determination of
whether he should or should not  be  promoted.   Although  AFPC/DPPPO
considers the errors in  his  records  minor  and  administrative  in
nature, it is not entirely clear whether the errors, in totality,  as
the applicant contends, should justify SSB consideration or not.   We
note that the DAFSC was incorrect on three distinct documents, two of
which, the OSB and PRF, were viewed by the  Board.   We  believe  our
uncertainty regarding the effect of these errors justifies giving the
applicant the benefit of the doubt and, therefore, should be resolved
through the SSB process.   Our  view  is  further  bolstered  by  the
corrections the applicant seeks in his current appeal, the  inclusion
of the two decoration citations in his OSR and the correction of  his
duty title effective 17 Sep 02 on the OSB.  Therefore, to  avoid  the
appearance the applicant did not receive fair and equitable promotion
consideration with a complete and correct  record  we  recommend  his
records be corrected as indicated below.

_________________________________________________________________

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  reviewed  by  the  Calendar
Year 2002B (CY02B) Lieutenant Colonel  Central  Selection  Board  be
corrected under the Assignment History Section to change  the  entry
effective date of 16 Sep 02 to 17 Sep 02, change the Duty Air  Force
Specialty Code of “16G3” to “X62E3E,” and change the duty  title  to
read “B-52 Branch Chief/Asst Flt Cdr,” vice “Chief, B-52 Branch.”

        b.  The Promotion Recommendation Form, AF Form 709, reviewed
by the CY02B Lieutenant Colonel Central Selection Board  be  amended
in Block 4, “DAFSC,” to read “X62E3E” vice “16G3.”

        c.  The citation for the Meritorious Service  Medal  awarded
for the period 20 Dec 99 to 1 Dec 01 was accepted for  file  in  his
official Air Force records on 1 Apr 02.

        d.  The citation for the Air Force Achievement Medal,  First
Oak Leaf Cluster (AFAM) (1OLC), awarded for the period 7 May  01  to
26 May 01 was accepted for file in his official Air Force records on
1 Apr 02.

It is further recommended that he  be  considered  for  promotion  to
lieutenant colonel  by  a  Special  Selection  Board  for  the  CY02B
Lieutenant Colonel Central Selection Board with the corrected record.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2005-
00459 in Executive Session on 26 May 2005, under  the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Renee M. Collier, Member
      Ms. Kathy L. Boockholdt, Member

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

     Exhibit A.  DD Form 149, dated 3 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, HQ AFPC/DPASA, dated 24 Feb 05.
     Exhibit D.  Memorandum, AFPC/DPPPO, dated 14 Apr 05.
     Exhibit E.  Letter, SAF/MRBR, dated 22 Apr 05.
     Exhibit F.  Memorandum, Applicant, dated 12 May 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2005-00459


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 XXXXXXX, XXXXXXX, be corrected to show that:

               a.  The  Officer  Selection  Brief  reviewed  by  the
Calendar Year 2002B (CY02B)  Lieutenant  Colonel  Central  Selection
Board be corrected under the Assignment History  Section  to  change
the entry effective date of 16 Sep 02 to 17 Sep 02, change the  Duty
Air Force Specialty Code of “16G3” to “X62E3E,” and change the  duty
title to read “B-52 Branch Chief/Asst Flt Cdr,”  vice  “Chief,  B-52
Branch.”

              b.  The Promotion Recommendation Form,  AF  Form  709,
reviewed by the CY02B Lieutenant Colonel Central Selection Board  be
amended in Block 4, “DAFSC,” to read “X62E3E” vice “16G3.”

              c.  The citation for  the  Meritorious  Service  Medal
awarded for the period 20 Dec 99 to 1 Dec 01 was accepted  for  file
in his official Air Force records on 1 Apr 02.

              d.  The citation for the Air Force Achievement  Medal,
First Oak Leaf Cluster (AFAM) (1OLC), awarded for the period  7  May
01 to 26 May 01 was accepted for file  in  his  official  Air  Force
records on 1 Apr 02.

      It is further directed that he be considered for  promotion  to
lieutenant colonel  by  a  Special  Selection  Board  for  the  CY02B
Lieutenant Colonel Central Selection Board with the corrected record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency