RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03362
            INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXX    COUNSEL:  Mr. Barry P. Steinberg

      XXXXXXXXXX HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Briefs (OSBs) prepared for  the  Calendar  Year  1999B
(CY99B) (P0599B), CY00A (P0500A), CY01B (P0501B),  and  the  CY02B  (P0502B)
Lieutenant Colonel (Lt Col) Central Selection Boards (CSBs) be corrected  to
reflect completion  of  Air  Command  and  Staff  College  (ACSC)  prior  to
convening of his promotion boards.

_________________________________________________________________

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  Lt  Col.
Prior to applicant’s consideration,  his  records  should  be  corrected  to
include his completion of ACSC.

In support of his request, applicant provides his counsel's  statement;  and
copies of his ACSC completion certificate and a  records  review  RIP.   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.  Following  his
separation from active duty on 31 December  1992,  the  applicant  continued
his career as a Reserve officer.  He  was  appointed  a  lieutenant  colonel
Reserve of the Air Force on 1 October 2005.

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
major.  The applicant  will  now  meet  an  SSB  on  29  November  2005  for
promotion consideration to the grade of Lt Col by the CY99B (P0599B),  CY00A
(P0500A), CY01B (P0501B), and the CY02B (P0502B) LtCol CSBs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  approval  of  reflecting  completion  of   ACSC   by
correspondence in 2001 on  the  applicant’s  selection  briefs  meeting  the
CY01B and CY02B Lt Col CSBs.  However, DPPPO recommends denial  of  the  his
request to reflect completion of ACSC on his selection briefs for the  CY99B
and CY00A CSBs because the applicant did not complete ACSC until  11  August
2001, well after the convening dates of the boards  (30  November  1999  and
28 November 2000).  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, a majority  of  the  Board  notes
the applicant was not provided the opportunity to complete AFSC due  to  his
separation from active duty.  He did complete AFSC by  correspondence  prior
to his consideration for  promotion  to  the  Reserve  grade  of  lieutenant
colonel.  The Air Force has recommended that ACSC be placed on his  OSB  for
the CY01B and CY02B Lt Col CSBs; however, they do not recommend that  it  be
placed on his OSB for the CY99B and CY00A Lt Col CSBs.  The  Board  majority
does not agree.  Since  the  applicant  did  not  have  the  opportunity  to
complete ACSC while on active duty, a 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 ACSC by correspondence should be reflected in  his
OSBs prepared for the SSBs convening  on  29 November  2005.   Therefore,  a
Board majority believes  the  applicant’s  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  OSBs  prepared  for  the  SSBs
convening by the CY99B, CY00A, CY01B and CY02B Lt Col  CSBs  be  amended  to
reflect his completion of ACSC by correspondence in 1999.

________________________________________________________________

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 correct the records for the CY01A and CY02B Lt  Col  CSBs
as recommended by the Air Force office of primary  responsibility;  however,
he voted to deny the applicant request for correcting his OSBs  meeting  the
CY99B and CY00A Lt Col CSBs.  Mr. Beard elected not to submit a minority
report.  The following documentary evidence for  AFBCMR  Docket  Number  BC-
2005-03362 was considered:

    Exhibit A.  DD Form 149, dated 1 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-2005-03362




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 XXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that his
Officer Selection Briefs prepared for the Special Selection Boards by the
Calendar Year 1999B (CY99B), CY00A, CY01B and CY02B Lieutenant Colonel
Central Selection Boards be amended to reflect his completion of Air
Command and Staff College by correspondence in 1999.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency