RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00808
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His 10 July 2004 and 1 May 2004 Duty Air Force  Specialty  Code  (DAFSC)
be changed from  copilot  (11M2K)  to  aircraft  commander  (11M3K)  on  his
Officer Selection Brief (OSB).

2.  He be considered by a Special Selection Board  (SSB)  for  promotion  to
the grade of lieutenant colonel by the Fiscal Year  2008  (FY08)  Lieutenant
Colonel (LTC) Central Selection Board (CSB).

________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions but provided a statement from  his  commander
who contends that the incorrect DAFSC was generated  because  the  applicant
was assigned to a copilot position on the manning document.   His  unit  had
more aircraft commanders than available aircraft commander positions.  As  a
result, he was arbitrarily assigned to a lower level manning  position  even
though his actual qualification level  was  higher.   Changes  to  the  unit
manning document (UMD) coupled with  the  high  operations  tempo  let  this
discrepancy go by unnoticed.

In support of his request, the applicant provided a personal  statement,  an
affidavit from his commander, a copy of his OSB and copies of  the  affected
Officer Performance Reports.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force on 30 May  1990  and
has been progressively promoted to the grade of major, having  assumed  that
grade effective and with a date of rank of 11 May 2001.

The applicant was considered but not selected  for  promotion  by  the  FY08
Lieutenant Colonel CSB, which convened on 11 June 2007.
________________________________________________________________
AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the  DAFSC  is  the  job,  duty  and
skills  an  officer  is  currently  assigned  to  and  performing.   It   is
associated with the position the officer is filling.  The  applicant's  OPRs
have reflected the DAFSC of 11M2K since April 2004.  His  OSB  reflects  the
exact AFSC shown on his OPRs; the duties he was performing at the  time  the
reports were rendered.  The promotion recommendation submitted to the  board
reflected the DAFSC of 11M2K.  His primary AFSC (PAFSC, the  job  where  his
highest qualification exists) and secondary AFSC both reflect  11M3K.   This
information was available to the promotion board on his OSB.

The major significant discriminating factor between those selected  and  not
selected by the FY08 board was a Promotion Recommendation Form (PRF)  marked
“Definitely Promote” (DP).  He received a "Promote” recommendation from  his
senior rater.  The select rate for these officers was only 10%, while  those
with a “DP” had a 94%  selection  rate.   DPB  explained  the  whole  person
concept and indicated that performance (as documented on OPRs)  was  a  very
strong  factor  in  the  board's  deliberations.   His  OPRs  were   lacking
stratification,  recommendations  for   next   positions,   and   consistent
recommendations for developmental education  (DE).   The  stratification  on
his PRF was not very strong, and there  was  no  recommendation  for  a  new
level of responsibility, no recommendation concerning DE, nor any  promotion
statement.  His deployments were mentioned in his OPR's, but they  were  not
on his OSB.  DPB states if his DAFSC was in fact in error,  this  error  was
his responsibility to discover prior to the promotion  board  in  accordance
with AFI 36-2504, Officer or Promotion, Continuations  and  Selective  Early
Removal in the Reserve of the Air Force which states officers  will  monitor
their own eligibility and ensure their selection record is correct  and  up-
to-date before the convening of  the  selection  board.   AFI  36-2504  also
states officers will review the OPB for accuracy of personnel  data.   While
his commander  indicates  he  overlooked  the  inconsistencies  because  his
primary AFSC was correct, it  was  not  the  commander's  responsibility  to
review or correct his record.  His OSB reflected the correct DAFSC based  on
the position he was filling and the job he was performing, as  reflected  on
the OPRs rendered during the  period.   Selection  or  nonselection  is  not
based on a single factor but on the entire record, the whole person.

The complete DPB evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  14
March 2008 for review and comment within 30 days.  As of  this  date,  this
office has received no response (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.  Insufficient relevant evidence has been presented  to  demonstrate  the
existence of an error or injustice warranting corrective action.   Evidence
has not been presented which would lead the Board majority to  believe  his
record was inaccurate when considered by the selection board  in  question.
After a thorough review of the evidence of record, it is the opinion of the
Board majority that the DAFSC reflected on the applicant’s OSB  is  not  in
error, but in fact, correctly reflects the duty position he was assigned to
during the period in question.  Additionally, notwithstanding the fact that
he may be performing duties other than those of  the  assigned  DAFSC,  the
Board majority is not persuaded that constitutes  an  injustice.   Further,
the Board majority is not persuaded that the DAFSC reflected on his OSB had
the potential to negatively impact the selection board members or inhibited
their ability to render a fair and equitable decision as to his ability  to
serve in the  next  higher  grade.   Finally,  if  he  believed  and  error
occurred, he did not provide evidence which would show  that  he  exercised
reasonable diligence in ensuring  his  record  was  correct  prior  to  the
convening to the contested promotion boards, as it was  his  responsibility
to do so. The Board majority agrees with the opinion and recommendation  of
the Air Force office of primary responsibility and adopts its rationale  as
the basis for their conclusion that the applicant has failed to sustain his
burden of proof of the existence of a clear  error  or  injustice  in  this
case.  Accordingly,  the  Board  majority  finds  no  compelling  basis  to
recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate  the
existence of error or injustice;  the  application  was  denied  without  a
personal appearance; and the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered  with  this
application.


________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
00808 in Executive Session on 6 May 2008, under the provisions  of  AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
            Mr. Vance E. Lineberger, Member
            Mr. Don H. Kendrick, Member


By a majority vote, the Board voted to deny the request.  Ms Graham  voted
to correct the record and submitted  a  minority  report.   The  following
documentary evidence pertaining to AFBCMR Docket Number BC-2008-00808  was
considered:

    Exhibit A.  DD Form 149, dated 25 February 2008, w/atchs.
    Exhibit B.  Letter, AFPC/DPB, dated 11 March 2008.
    Exhibit C.  Letter, SAF/MRBR, dated 14 March 2008.
    Exhibit D.  Minority Report, dated 7 June 2008.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair




[pic]

Office of the Assistant Secretary



AFBCMR BC-2008-00808


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
              FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFMBCMR Application of XXXXXXX

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The applicant is requesting that the DAFSC entries dated 1 May 04 and
10 Jul 04 be changed to reflect 11M3K, Aircraft Commander, rather than
11M2K, Co-Pilot, to coincide with the actual duties he performed at the
time.  The majority of the Board recommends denial noting that the DAFSCs
are correct according to the duty positions to which he was assigned and
the Board majority was not persuaded that the DAFSCs negatively impacted
the selection board's ability to fairly and equitably consider the
applicant for promotion.  However, as noted by the minority member, the
performance reports rendered during the period in question reflect
"Aircraft Commander" as the duty titles and the duties and responsibilities
described are those of an aircraft commander.  While administratively, the
DAFSCs as reflected are correct, the disparity between his assigned duties
and the DAFSC listed leads me to believe the applicant has established
reasonable doubt as to whether he may have been improperly disadvantaged
when compared to his peers performing similar duties.

      Considering all the circumstances of the case, the benefit of any
doubt in this matter should be resolved in favor of the applicant.
Accordingly, it is my decision that applicant’s request be granted.





                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency



Office Of The Assistant Secretary

AFBCMR BC-2008-00808





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 XXXXXXX, XXXXXXX, be corrected to show that the Duty Air Force
Specialty Code (DAFSC), effective 1 May 2004 and 10 July 2004, be changed
to reflect “11M3K” on his Officer Selection Brief (OSB).

      It is further directed that the corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection Board
for the Calendar Year 2008 Lieutenant Colonel Central Selection Board.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency