RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01457
            INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXXX   COUNSEL:  Mr. Barry P. Steinberg

      XXXXXXXXXXXXXXX  HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Records (OSR) prepared for the  17  May  2005  Special
Board (SB) be corrected to reflect the following:

      1.  His award of the Air Force Commendation Medal (AFCM) with One  Oak
Leaf Cluster (1OLC).

      2.  His AFCM (1OLC) be upgraded to a Meritorious Service Medal (MSM).

       3.  His  Officer  Selection  Briefs  (OSBs)  be  corrected  to   show
assignment as Operations Officer  effective  May  through  June  1992;  then
assignment to  Director,  Resources  and  Training;  and  a  duty  title  of
Assistant Operations Officer for the period May 1991 through April 1992.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Making the requested corrections will provide him a fair opportunity at  the
promotion board.  Counsel states, in part, that applicant is a class  member
of a pending litigation in the United States Court of Federal Claims.  As  a
result of the settlement, applicant’s record  will  be  reconsidered  as  it
appeared  before  the  original  FY93  RIF  board.   Prior  to   applicant’s
consideration, his records should be  corrected  to  include  the  requested
corrections.

In support of his request, applicant  provides  counsel's  statement  and  a
copy of his Officer Performance Report (OPR) for  the  period  15  May  1991
through 5 April 1992.  His complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a captain (O-3) Reserve of the Air Force  on  14
February 1990.  He has a Total Active Federal Military Service  Date  of  29
April 1985 and a Total Active Federal Commissioned Service Date of 14  April
1986.  The applicant was considered and not selected for  retention  in  the
Air Force by the FY93 RIF board, which convened on 20 July  1992.   Pursuant
to the court ordered settlement agreement in the Berkley v.  United  States,
the calendar year 2004 (CY04) Special Board (SB) held on 21  September  2004
overturned this action.  The applicant will now meet the CY05 SB on  17  May
2005 for promotion consideration to  the  grade  of  major  by  the  P0495A,
P0496A, P0497C and P0498B Majors Central Selection Boards (CSBs).

The applicant was separated  from  active  duty  on  31  December  1992  and
transferred to  the  Air  Reserve  Personnel  Center  (ARPC)  Non-obligated,
Nonparticipating Ready Reserve Section effective 1 January 1993.

The applicant has an Air Force Board for  Corrections  of  Military  Records
(AFBCMR) application currently being considered to upgrade his  AFCM  to  an
MSM.  This issue has not been finalized at this time.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO agrees with the applicant’s request to  add  Director,  Resources
and Training, and Assistant Operations Officer duty titles  to  the  P0495A,
P0496A,  P0497C,  and  P0498B  OSBs.   DPPPO  states  they   do   not   have
documentation to support the appropriate effective dates.  The applicant  is
not clear  nor  does  he  provide  documentation  to  support  changing  the
effective date of his Operations Officer duty title.  AFBCMR  Directive  BC-
2003-01767, dated 9 February 2004, established the  current  effective  date
as 15 June 1992.  DPPPO agrees the top line duty title on  the  OSBs  should
reflect Director, Resources  and  Training  based  on  the  applicant’s  OPR
closing out on 15 November 1992; however, the  applicant  does  not  specify
the effective date.  In addition, they are unable to determine  the  correct
effective date for the duty title Operations Officer.   DPPPO  also  concurs
that the applicant held the duty title of Assistant Operations  Officer  for
the May 1991 through April 1992 timeframe.  His OPR closing on 14  May  1991
substantiates he was a shift commander on that day; therefore, the  earliest
the Assistant Operations Officer duty title should be effective  is  15  May
1991.

The DPPPO evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s  counsel  responded  that  the  advisory  opinion  does  not
accurately characterize the requested relief.   The  records  submitted  for
review by the SB do not include the award of the AFCM (1OLC) for the  period
21 December 1988 to 5 May 1992.  The requested relief is to add  that  award
to the records and OSB to be submitted to the  SB.   As  additional  relief,
the request  is  that  this  award  of  the  AFCM  be  upgraded  to  a  MSM.
Justification and rationale for this request  is  included  in  the  appeal.
The addition of the second award of the AFCM  would  appear  to  be  without
controversy.  There is no request to omit that award.   The  request  is  to
add it and upgrade it.

The Counsel’s rebuttal is at Exhibit D.

_________________________________________________________________

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.   We  note  the  applicant’s  request  to
upgrade his AFCM/1OLC to an MSM is currently  being  considered  by  another
Panel of this Board; therefore, we  feel  it  is  inappropriate  for  us  to
consider this issue.  At the same time, we note  the  Air  Force  has  taken
corrective action to reflect the applicant’s award of the AFCM/1OLC  in  his
OSR and OSBs until a decision has been made on his request  to  upgrade  the
award to an MSM.  Concerning the applicant’s  request  for  changes  to  his
duty history, we note that on 9 February 2004, the Board approved  a  change
to the applicant’s duty history of “Operations  Officer  effective  15  June
1992.”   The  applicant  has  not  provided  nor  does  the  record  contain
sufficient  evidence  to  change  this  effective  date.    Therefore,   the
applicant’s  request  to  change  this  is  denied.   In  reference  to  the
applicant’s other requests for duty history changes, we concur with the  Air
Force advisory on the applicant’s request to correct  his  duty  titles  and
adopt their “best guess” rationale to determine the  effective  dates  since
the applicant has provided no evidence to substantiate the effective  dates.
 Accordingly, it the record should be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

      The pertinent military records of the Department of the  Air  Force
relating to APPLICANT be corrected to  show  that  his  duty  history  be
corrected to  reflect  a  duty  title  of  Assistant  Operation  Officer,
effective 15 May 1991; and, a  duty  title  of  Director,  Resources  and
Training, effective 1 August 1992.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 May 2005, under the provisions of AFI 36-2603:

            Mr. Charles E. Bennett, Panel Chair
            Ms. Martha J. Evans, Member
            Mr. Christopher D. Carey, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-01457 was considered:

    Exhibit A.  DD Form 149, dated 19 Apr 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 29 Apr 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 May 05.
    Exhibit D.  Counsel’s Rebuttals, dated 5 & 11 May 05.




                                   CHARLES E. BENNETT
                                   Panel Chair



AFBCMR BC-2005-01457




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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that his
duty history be corrected to reflect a duty title of Assistant Operation
Officer, effective 15 May 1991; and, a duty title of Director, Resources
and Training, effective 1 August 1992.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency