RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00850
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His Officer Selection Brief (OSB) be corrected to reflect his correct academic education.

2.  He be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2000A Lieutenant Colonel (LAF) Central Selection Board.

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APPLICANT CONTENDS THAT:

His OSB for the 2000A Lt Col Selection Board was incomplete in the area of academic education.  The OSB did not include his master’s degree in mechanical engineering, and instead listed his master’s degree in economics.  Since his AFSC is 62E4 (engineer), the appropriate degree to list would be the one related to his career field, the master’s in engineering.  He states that he should not be punished for obtaining additional education.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major.

Applicant was considered and not selection for promotion to the grade of lieutenant colonel by the CY00A Lieutenant Colonel (LAF) Central Selection Board.

OPR profile since 1991, follows:

       PERIOD ENDING              EVALUATION OF POTENTIAL

         21 Apr 91	 Meets Standards (MS)
         21 Apr 92	         MS
         21 Apr 93	         MS
         21 Apr 94	         MS
         21 Apr 95	         MS
         21 Apr 96	         MS
         21 Apr 97	         MS
         21 Apr 98	         MS
         30 Aug 99	 Education/Training Report (TR)
         30 Aug 00	         TR

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AIR FORCE EVALUATION:

The Dean, Civilian Institution Programs, AFIT/CI, confirmed that applicant received a Master of Science in Mechanical Engineering from the University of Tennessee at Knoxville on 11 August 1989.

A complete copy of the evaluation is attached at Exhibit C.

The Chief, Officer Promotion and Appointment Branch, AFPC/DPPPOO, reviewed the application and states that eligible officers are provided an OPB approximately 100 days prior to the board convening date.  Along with the OPB, eligible officers are provided an instruction sheet for review of the brief outlining how to correct discrepancies prior to the board convening date.  In applicant’s case, the education data on his OPB would have reflected a MA+ (Enrollment in a doctorate program) and a completed master’s degree in Economics.  The instruction sheet provided to the member advised him that enrollment in a doctorate (MA+) degree program would not be reflected on the OSB and non-reflection of this program may cause other academic degrees that have been awarded to be displaced or dropped from the OSB.  They also recommend the eligible officer contact AFIT to obtain a letter detailing their academic history/credentials, which can be used as an attachment to a letter to the board president.

They note AFI 36-2501, paragraph 6.3.2.2, specifically 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”.  In this case, applicant has not provided proof that he exercised reasonable diligence to correct this perceived error prior to his promotion board.  Therefore, they recommend disapproval of applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He states, first AFPC states that he did not exercise reasonable diligence, since the information was available in his Officer Preselection Brief (OPB) 100 days prior to the promotion board.  He states, while this may generally be true, in his specific case he did not receive any such document.  While an AFIT student at a civilian institution, he did not have ready access to many of the normal USAF services/processes.  Although not mentioned by AFPC, this information would also be on the OSB, which he requested approximately 45 days prior to the board, along with a complete copy of his records.  He was sent a copy of his records without the OSB (which is only available much closer to the actual board date).  So there is a serious question as to reasonable diligence, a standard he believed he met.

AFPC’s second reason for failing to support his request is that there is no clear evidence that the lack of his degree….impacted his promotion opportunity.  While this is undoubtedly true (because no individual details are ever released), it is also impossible to know which factors each board member subjectively considered.  All we can know for certain is that according to Air Force Pamphlet 36-2506, the board members should have considered this fact.

He further states, additional discussion may demonstrate the relevancy.  First, at his promotion to major, he was selected as an ISS candidate, indicating performance in at least the top third of his year group (as well as having Definitely Promote ratings both two and one year BPZ, indicating top 10% performance).  Subsequent to his promotion, he taught two years at the Air Force Academy, doing well enough to be selected for a Ph.D. assignment, where he made great progress (now completed).  Therefore his record undoubtedly was in the gray area.  So any small change might have been enough of a factor to influence a decision.  Further, in all his counseling by AFPC and others since his nonselection, the overwhelming conclusion was the decision to leave his primary career field at that juncture was critical.  Giving that reasoning, an education record that does not reflect the contribution to his primary career field can only hurt.  As to whether it would have made a difference, one cannot know, neither AFPC nor himself.  That is a main reason for SSBs, to either validate or overturn a nonselection upon discovery of incorrect records.

So in summary, AFPC does not dispute the centrality of his claims, nor does their reasoning fit in his particular situation.  Therefore, he request that his corrected record be considered by SSB.

Applicant's complete response is attached at Exhibit F.

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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 probable error or injustice.  The applicant has indicated that his Officer Selection Brief (OSB), as it met the selection board in question, was missing one of his advanced education degrees in the Academic Education section.  While it cannot be conclusively determined whether or not the missing line of his academic information was the sole reason for applicant’s nonselection for promotion by the Board in question, we do believe that it served to deprive him of full and fair consideration.  In view of the foregoing and in an effort to remove any possibility of an injustice to the applicant, we recommend that his record, to include his corrected OSB reflecting both lines of academic education, be considered for promotion, to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY00A board.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include an Officer Selection Brief reflecting in the Academic Education section the entry “LVL:  MS, SPECIALTY/SCHOOL:  Mechanical Engineering, University of Tennessee at Knoxville” be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2000A Lieutenant Colonel (LAF) Central Selection Board.

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The following members of the Board considered this application in Executive Session on 24 July 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Mar 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhitit C.  Letter, AFIT/CI, dated 2 May 01.
   Exhibit D.  Letter, AFPC/DPPPOO, dated 21 May 01.
   Exhibit E.  Letter, AFBCMR, dated 15 Jun 01.
   Exhibit F.  Applicant's Response, dated 20 Jun 01.

                                   
                                   Panel Chair

AFBCMR 01-00850
INDEX CODE:  131.01

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, to include an Officer Selection Brief reflecting in the Academic Education section the entry “LVL:  MS, SPECIALTY/SCHOOL:  Mechanical Engineering, University of Tennessee at Knoxville,” be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2000A Lieutenant Colonel (LAF) Central Selection Board.

		
		Director
		Air Force Review Boards Agency