RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00998
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records meet a Special Selection Board (SSB) for the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Board.

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APPLICANT CONTENDS THAT:

His senior rater and the promotion board did not consider material information that should have been available to them when making decisions regarding his selection for promotion.  The citation for the Defense Meritorious Service Medal (DMSM), First Oak Leaf Cluster (1OLC), was missing from his officer selection record (OSR).  The DMSM, 1OLC, had been awarded by the Commander, United States Forces, Korea (USFK).  The citation did not arrive at the Air Force Personnel Center prior to the board.  The delay in processing the award occurred at USFK.  There was nothing he could do to expedite processing to ensure the award was available prior to the board date.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 26 Sep 82.  He is currently serving on extended active duty in the grade of major, effective, and with a date of rank (DOR) of 1 Mar 98.

Applicant’s Officer Performance Report (OPR) profile since 1992 reflects the following:

            PERIOD ENDING          OVERALL EVALUATION

              9 Jul 92                     MS
              9 Jul 93                     MS
              9 Jul 94                     MS
             23 Jun 95                     MS
             23 Jun 96                     MS
             23 Jun 97                     MS
             23 Jun 98                     MS
             23 Jun 99                     MS
             31 May 00                     MS

A Board Discrepancy Report for Board CY00A, dated 17 Nov 00, was filed on top of the applicant’s OSR reflecting the DMSM, 1OLC, was missing from his record.

The Air Force indicated that since the CY00A Central Lieutenant Colonel Board was one of the applicant’s below-the-zone (BTZ) considerations, his personnel data system record reflects no nonselections for promotion.

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AIR FORCE EVALUATION:

The Chief, Officer Promotions, Appointments & Selection Cont. Branch, AFPC/DPPPO, reviewed this application and agrees that the citation for the DMSM, 1OLC, was missing from applicant’s OSR.  However, the purpose of having a citation included in the record is not to allow board members to review the comments on the citation, although they may do so if they are so inclined.  Rather, the purpose is to make them aware of the level of the decoration.  The personnel data system, and subsequently the officer selection brief (OSB), did reflect award of the DMSM, 1OLC.  To call further attention to the fact the applicant had been awarded the medal, there was a discrepancy letter filed on top of the OSR to highlight to board members the citation was missing.  Although the citation was not present in applicant’s OSR for the board’s review, the selection board had his entire officer selection record (including the OSB reflecting the DMSM, 1OLC) at their disposal during promotion consideration.  Other than one sentence intimating that his “untiring efforts” resulted in the Army currently staffing a contingency requirement, all accomplishments on the DMSM, 1OLC, citation are also reflected on the applicant’s OPRs and the CY00A promotion recommendation form (PRF).  Accordingly, DPPPO is not convinced the missing decoration citation caused nonselection by his BTZ board.  Based on the evidence provided, they recommend denial of the applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 Jun 01 for review and response.  As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Applicant’s contentions are duly noted; however, a majority of the Board does not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  No evidence has been presented which would lead the majority of the Board to believe that the omission of the citation to accompany the DMSM, 1OLC, caused the applicant’s records to be so inaccurate or misleading that the members of the duly constituted selection board were precluded from rendering a reasonable decision concerning his promotability in comparison to his peers.  A majority of the Board, therefore, agrees with the recommendation of the Air Force and adopts the rationale expressed as the basis for their decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, the majority of the Board finds no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 2 August 2001, under the provisions of Air Force Instruction 36‑2603:

	            Panel Chair
	            Member
	            Member

By a majority vote, the Board recommended denial of the application.  Mr. voted to grant the relief sought but does not wish to submit a minority report.  The following documentary evidence was considered:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 21 May 01.
     Exhibit D.  Letter, AFBCMR, dated 1 Jun 01.

                                   
                                   Panel Chair

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

SUBJECT:  AFBCMR Application of, Docket Number
	           01-00998

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided substantial evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							
							Director
							Air Force Review Boards Agency