RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03222
            INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXX     COUNSEL:  Mr. Barry P. Steinberg

      XXXXXXXXXXXX     HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Briefs (OSBs) prepared for  the  Calendar  Year  1998B
(CY98B) (P0498B), CY00A (P0400A),  and  the  CY00B  (P0500B)  Major  Central
Selection Boards (CSBs) be corrected to reflect:

      1.  His completion of Squadron Officer School (SOS) in residence prior
to convening of the first original board.

      2.  His flying hours in the B1-B bomber.

_________________________________________________________________

APPLICANT CONTENDS THAT:

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  considered  by  a   Special
Selection Board on 29 November 2005 for promotion to  the  grade  of  major.
Prior to applicant’s consideration,  his  records  should  be  corrected  to
include his completion of SOS and flying hours in the B1-B bomber.

In support of his request, applicant provides his counsel's  statement;  and
copies of Education & Training information,  and  Individual  Flight  Record
Report.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered and not  selected  for  retention  in  the  Air
Force by the FY93 RIF board, which convened on 20 July 1992.  The  applicant
was separated from active duty on 31 December 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 met the  CY05  Special
Selection Board (SSB) on 17 May 2005  and  was  selected  for  promotion  to
captain.  The applicant will now  meet  an  SSB  on  29  November  2005  for
promotion consideration to the grade of major by the CY98B  (P0498B),  CY00A
(P0400A), and the CY00B (P0500B) Major CSBs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  approval  of  reflecting  completion   of   SOS   by
correspondence in 2000 on  the  applicant’s  selection  briefs  meeting  the
CY00A and CY00B  Major  CSBs.   However,  DPPPO  recommends  denial  of  his
request to reflect completion of SOS on his selection brief  for  the  CY98B
CSB because the applicant did not complete  SOS  until  January  2000,  well
after the convening dates of the board (6 April 1998).

DPPPO recommends approval of reflecting the applicant’s flying hours in  the
B1-B bomber for the CY00A and CY00B Major CSBs.  However,  DPPPO  recommends
denial for adding the applicant’s flying hours in the  B1-B  bomber  on  his
selection brief for the CY98B Major CSB because the evidence  provided  only
reflects hours accumulated after 29 July 1999.   There  is  no  evidence  to
suggest he flew the B1-B bomber prior to that date.

The DPPPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel responded that an error was made in respect  to  the
involuntary separation of his client.  That error has  been  corrected,  but
the consequences of the separation have not been.  Denying  entry  of  these
significant achievements denies him an opportunity to  complete  fairly  for
promotion.  It is unlikely that any of  the  benchmark  files  have  unrated
periods of active duty, and certainly not for the extended  periods  present
in the case  of  his  client.   The  injustice  of  these  circumstances  is
apparent.  Removal of that injustice, clearly within the  statutory  mandate
of the  Correction  Board,  is  best  achieved  by  including  his  military
achievements on the OSB and in the records that will be  considered  by  the
promotion board.  Such entry does not assure selection  for  promotion,  but
it is a move in  the  direction  of  fundamental  fairness  and  allows  the
promotion board to have some information concerning his  potential  and  his
activities during  this  lengthy  and  involuntary  hiatus.   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 either an error or an injustice warranting favorable action  on
the applicant's request.  In this respect, the Board notes the following:

      a. The applicant was not provided the opportunity to complete SOS  due
to his separation from active duty.  He did complete SOS  by  correspondence
prior to his consideration for promotion to  the  Reserve  grade  of  major.
The Air Force has recommended that SOS be placed on his OSBs for  the  CY00A
and CY00B Major CSBs; however, they do not recommend that it  be  placed  on
his OSB for the CY98B Major  CSBs.   The  Board  majority  does  not  agree.
Since the applicant did not have the opportunity to complete  SOS  while  on
active  duty,  the  majority  of  the  Board   believes   that   under   the
circumstances of this case, to offset any possibility  of  an  injustice  to
the applicant and in an effort  to  provide  him  with  proper  relief,  his
completion of  SOS  by  correspondence  should  be  reflected  in  his  OSBs
prepared for the SSBs convening on 29 November 2005.  Therefore,  The  Board
majority believes the applicant’s record should be  corrected  as  indicated
below.


      b. The Air Force recommends approval of  the  applicant’s  request  to
reflect his flying hours in the B1-B Bomber for the CY00A  and  CY00B  Major
CSBs.  We concur with their recommendation.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice  in  regard  to  the  applicant’s
request to reflect his flying hours in the B1-B Bomber on his  OSB  for  the
CY98B Major CSB.  After reviewing the applicant’s submission,  we  note  his
Individual Flight  Record  Report  only  reflects  hours  accumulated  after
29 July 1999.  Therefore, we concur  with  the  opinion  of  the  Air  Force
office of primary responsibility that there is no evidence  to  support  the
applicant flew the B1-B the record prior to  that  date.   In  view  of  the
foregoing, we  conclude  that  no  basis  exists  upon  which  to  recommend
favorable action on his request  that  it  be  included  on  his  OSB  being
considered by the CY98B Major CSB.

5.  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:

      a. His OSBs prepared by the CY05 SSBs  for  promotion  by  the  CY98B,
CY00A, and CY00B Major  CSBs  to  provide  promotion  consideration  by  the
CY98B, CY00A, and CY00B Major CSBs be corrected to  include  his  completion
of SOS in residence on 17 May 1966.


      b. His Officer Selection Record prepared for the CY05 SSBs to  provide
promotion consideration by  the  CY98B,  CY00A,  and  CY00B  Major  CSBs  be
corrected to include an Air Force Form 77, Letter of Evaluation,  indicating
“AF Form 475, Education/Training Report for completion of SOS not  available
for review.”


      c. His OSBs  prepared  for  the  CY05  SSBs  to  provide  promotion
consideration by the CY00A and CY00B Major CSBs be corrected  to  reflect
his flying hours in the B1-B Bomber.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 November 2005, under the provisions of AFI 36-2603:

            Ms. Kathleen F. Graham, Panel Chair
            Ms. Sue A. Lumpkins, Member
            Mr. Wallace F. Beard Jr., Member

Ms. Graham and Ms. Lumpkins voted to  correct  the  record  as  recommended.
Mr. Beard voted to deny correcting the records to reflect completion of  SOS
for the CY98B Major CSB; however, elected not to submit a  minority  report.
All members voted to correct the applicant’s record to  reflect  his  flying
hours in the B1-B Bomber for the CY00A and CY00B Major CSBs;  however,  they
voted to deny the applicant’s request to correct his record to  reflect  his
flying hours in the B1-B Bomber for the  CY98B  Major  CSB.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-03222 was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 7 Nov 05.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Nov 05.
    Exhibit D.  Counsel’s Rebuttal, dated 11 Nov 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair



AFBCMR BC-2005-03222




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 XXXXXXXXXXXXXXXXXXXX, be corrected to show that:

           a. His Officer Selection Briefs (OSBs) prepared by the  Calendar
Year 2005 (CY05)  Special  Selection  Boards  (SSBs)  to  provide  promotion
consideration by the CY98B, CY00A, and CY00B Major Central Selection  Boards
be corrected to include his completion of Squadron Officer School  (SOS)  in
residence on 17 May 1996.


           b. His Officer Selection Record prepared for the  CY05  SSBs  to
provide promotion consideration by the CY98B, CY00A, and  CY00B  Major  CSBs
be corrected to  include  an  Air  Force  Form  77,  Letter  of  Evaluation,
indicating “AF Form 475, Education/Training Report  for  completion  of  SOS
not available for review.”


           c. His OSBs prepared for the  CY05  SSBs  to  provide  promotion
consideration by the CY00A and CY00B Major CSBs be corrected to reflect  his
flying hours in the B1-B Bomber.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency