RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03270
            INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXXXX  COUNSEL:  Mr. Barry P. Steinberg

      XXXXXXXXXXXXX    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Briefs (OSBs) prepared for  the  Calendar  Year  1998B
(CY98B) (P0498B), CY00A (P0400A),  and  the  CY00B  (P0400B)  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  completion  of  Air  Command  and  Staff  College  (ACSC)  in
residence.

       3. His selection for a Regular commission while he was serving as  a
          captain.

      4.  Inclusion of a remote assignment to Korea to  include  duty  entry
and an award of an end of tour decoration.

_________________________________________________________________

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  as
requested.

In support of his request, applicant provides his counsel's  statement;  and
copies  of  a  recommendation  for  decoration   RIP   and   an   assignment
cancellation notice.  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 (P0400B) Major CSBs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends approval to correct the  applicant’s  selection  brief
to reflect he was assigned to Osan Air Base  Korea  effective  19  September
1992.  However, DPPPO recommends  denial  for  the  applicant’s  request  to
reflect completion of SOS in residence, completion  of  ACSC  in  residence,
selection for a  Regular  commission,  and  an  award  of  an  end  of  tour
decoration for his assignment to Korea.

DPPPO states there  is  no  evidence  to  suggest  that  had  the  applicant
remained on active duty he  would  have  been  selected  to  attend  SOS  in
residence.  In regard to ACSC, officers are not eligible  to  complete  ACSC
in residence or by correspondence until selected for major.  Therefore,  the
applicant is  not  eligible  to  have  this  information  reflected  on  his
selection brief.  DPPPO does not concur with an award  of  an  end  of  tour
decoration for the applicant’s Korea assignment because end of  tour  awards
were not mandatory.  DPPPO states there is no evidence  to  suggest  he  was
recommended for award of an AFCM upon completion of his tour.   Even  if  he
had been recommended, there is no evidence to show  whether  it  would  have
been an AFCM, or downgraded to a lesser medal.  Finally,  DPPPO  states  the
selection  record  that  meets  a  promotion  board  does  not  contain  any
documentation  reflecting  appointment  as  a  Regular   officer.    It   is
transparent to board members if an eligible officer has either a Reserve  or
Regular commission.  Therefore, there would be nothing  to  correct  in  the
selection folder.  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  the  requested
entries 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, a majority  of  the  Board  notes
the following:

      a. The applicant requests that completion of  SOS  be  placed  on  his
OSBs.  The applicant was not provided the opportunity to complete SOS  while
on active duty due to his separation.  The Air Force  recommends  denial  of
his  request.   A  majority  of  the  Board  does  not  agree.   Since   the
opportunity to go to SOS in residence was 100%, it  is  a  Board  majority’s
opinion that had the applicant not been separated from  active  duty  on  31
December 1992, he would have likely been selected for and completed  SOS  in
residence prior to consideration  for  promotion  to  the  grade  of  major.
Since the applicant did not have the opportunity to complete  SOS  while  on
active duty, the Board majority believes under  the  circumstances  of  this
case, to offset any possibility of an injustice and in an effort to  provide
him with proper relief,  his  completion  of  SOS  in  residence  should  be
reflected in his OSBs prepared for the SSBs convening on  29 November  2005.



      b. The Air Force recommends approval of the applicant’s  request  that
his OSBs be corrected to reflect his assignment to  Osan  Air  Base,  Korea,
effective 1 September 1992.  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 correct his records to reflect:

      a. His completion of ACSC in residence.  We note  Air  Force  captains
are not eligible to attend ACSC in residence; therefore we concur  with  the
Air Force’s recommendation to deny this request.


      b. His selection of a Regular commission.  We note  the  OSBs  do  not
reflect an officer’s source of commission; therefore, we agree with the  Air
Force officer of primary responsibility that there is no  correction  to  be
made to the OSBs in this respect.


      c. Award of an end of tour decoration for his assignment to Korea.  We
note end of tour decorations are not mandatory and the  evidence  of  record
does not reflect the applicant was ever  recommended  for  an  end  of  tour
decoration.  Therefore, we concur with the Air  Force  advisory  opinion  to
deny his request for his records be corrected to  reflect  an  end  of  tour
decoration for his assignment in Korea.

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  for  the  CY05  SSBs  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 1996.


      b. His  OSR  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,  be  included
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 CY98B, CY00A and CY00B Major CSBs  be  corrected  to
reflect his assignment to Osan Air  Base,  Korea,  effective  1 September
1992.

________________________________________________________________

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; however, elected not to submit a minority report.   All  members  voted
to correct the applicant’s record to reflect  his  assignment  to  Osan  AB,
Korea effective 1 September 1992.  All members voted to deny correcting  the
records  to  reflect  the  applicant’s  completion  of   ACSC,   a   Regular
commission, and an end of tour decoration for his assignment to Korea.   The
following documentary evidence for AFBCMR Docket  Number  BC-2005-03270  was
considered:

    Exhibit A.  DD Form 149, dated 21 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-2005-03270




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:

           a. His Officer Selection Briefs prepared for 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 CY98B, CY00A and  CY00B  Major  CSBs  be  corrected  to
reflect his assignment to Osan Air Base, Korea, effective 1 September  1992.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency