RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02072
INDEX CODE: 107.00; 131.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 2 NOVEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His two Achievement Medal citations be included in his Officer Selection
Record (OSR); the job title and location on his assignment history for
28 September 2003 on the Officer Selection Brief (OSB) be corrected, and he
be granted Special Selection Board (SSB) consideration for promotion by the
Calendar Year 2004A (CY04A) Major Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The discrepancy report for the two missing Achievement Medals is not
consistent with his actual records and may have negatively affected the
results of the CY04A board. His job title and location for 28 September
2003 assignment is also not correct and may have suggested homesteading
prior to the board.
In support of the application, the applicant submits a supporting statement
from his commanding officer and copies of documents from his OSR. The
applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date is 29
May 1996. He is currently serving on active duty in the grade of captain,
with a date of rank of 29 May 2000. The applicant has one nonselection for
promotion by the CY04A (1 November 2004) Major Central Selection Board.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPO recommends denial. DPPPO states although the applicant‘s
citations were not on file in his OSR when the board convened, the board
members knew of its existence as evidenced by the entry in the decoration
section of his OSB. DPPPO explains the intent of the discrepancy report
filed in his OSR was to ensure the board members were aware that the
officer had been awarded the decorations. A copy of the citations has
since been filed in the applicant’s OSR.
DPPPO affirms AFI 2501, paragraph 6.3.2.2, states “Do not have an SSB if,
by exercising reasonable diligence, the officer should have discovered the
error or omission and could have taken corrective action before the
originally scheduled board convened.” DPPPO notes the applicant indicates
he made efforts to check his record at AFPC; however, he provides no
documentation to support his attempts to review his OSR. DPPPO opines it
is the officer’s responsibility to ensure the accuracy of his or her record
prior to the board convening date.
DPPPO explains the applicant had a permanent change of assignment in
September 2003 from Los Angeles, CA, to an undisclosed [Data Masked]
location. During this transition, the personal data system record captured
a 28 September 2003 assignment entry equal to his date arrived station at
Los Angeles as reflected in the MilPDS. This entry combined a segment of
his previous duty information (duty title: “EELV Mission Integ
Mgr”/command level: “NAF”) and a segment of his new duty information
(organization – “Data Masked”). On the OSB, there is a 30 September 2003
assignment entry immediately above the 28 September 2003 entry which shows
the applicant’s duty title as, “Chief, TAC Imagery DIS Sys” with his
organization reflecting “Data Masked.”
DPPPO disagrees with the applicant’s logic that the job title and location
for his 28 September 2003 assignment entry on the OSB may have suggested
homesteading. The 28 September 2003 entry on the applicant’s OSB clearly
suggests that a change of assignment occurred since the duty location
changed from his previous assignment (Los Angeles) to his current
assignment (Data Masked). Also, the applicant’s top Officer Performance
Report (OPR) reviewed by the promotion board members reflected his
organization, command and location as Data Masked.
DPPPO’s evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 20 September 2005, the applicant provided his
detailed refutations regarding the recommendations of the Air Force office
of responsibility. The response, with attachments, is at Exhibit E.
_________________________________________________________________
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. Applicant requests that his assignment
duty history entry dated 28 Sep 03, on his CY04A OSB be deleted and that
the citations for his AFAM and AFAM (1OLC) be included in his CY04A OSR;
and that he receive SSB consideration. Applicant contends that the 28 Sep
03 entry is in error and it may have sent the wrong message to the
selection board members. After thoroughly reviewing the applicant's
submission along with the evidence of record, it is our opinion that
corrective action is warranted in this case. In this respect, we took note
that the 28 Sep 03 duty history entry on his OSB was an administrative
error that has been subsequently deleted from his assignment history. We
believe that the applicant made reasonable effort to ensure his selection
record was correct prior to the convening of the selection board but
through no fault of his own, was unable to do so. While it cannot be
conclusively determined what impact the omission of the award citations and
incorrect duty history may have had on his promotion opportunity, we
believe any doubt should be resolved in his favor and that the final
determination should be appropriately placed in the hands of a duly
constituted SSB. Therefore, it is our opinion that his records should 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 by amending the Officer Selection Brief,
prepared for the Calendar Year 2004A Major Central Selection Board as
follows:
a. Delete the duty title entry dated 28 September 2003 from his
Officer Selection Brief (OSB) prepared for consideration by the CY04A
Central Major Selection Board.
b. Include the citations to accompany award of the Air Force
Achievement Medal (AFAM), and AFAM (first oak leaf cluster) in his Officer
Selection Record (OSR).
It is further directed that his record, to include the above corrections,
be considered for promotion to the grade of major by a Special Selection
Board (SSB) for the CY04A Central Major Selection Board.
_________________________________________________________________
The following members of the Board considered this application, AFBCMR
Docket Number BC-2005-02072, in Executive Session on 21 February 2006,
under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Glenda B. Scheiner, Panel Member
Mr. Patrick Daugherty, Panel Member
All members voted to correct the record as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 05 w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPO, dated 25 Aug 05 w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Sep 05.
Exhibit E. Letter, Applicant, dated 20 Sep 05.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-02072
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
APPLICANT, be corrected by amending the Officer Selection Brief, prepared
for the Calendar Year 2004A Major Central Selection Board as follows:
a. The duty title entry dated 28 September 2003, be, and hereby
is, deleted from his Officer Selection Brief (OSB) prepared for
consideration by the CY04A Central Major Selection Board.
b. The citations to accompany award of the Air Force Achievement
Medal (AFAM), and AFAM (first oak leaf cluster) were accepted for file in
his Officer Selection Record (OSR) on or before 1 November 2004.
It is further directed that his record, to include the above
corrections, be considered for promotion to the grade of major by a
Special Selection Board (SSB) for the CY04A Central Major Selection
Board.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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