RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-01155
			INDEX CODE:  131.01
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The duty title on his Officer Selection Brief (OSB) be changed from “Staff Psychiatrist to “Outpatient Mental Health Element Chief” and he be considered by a Special Selection Board (SSB) for promotion by the CY00A Central Colonel Selection Board.
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APPLICANT CONTENDS THAT:

His promotion package for the November MC Colonel’s Board had the incorrect duty title which may have prejudiced his selection for colonel.  His duty title at the time of the board should have been “Outpatient Mental Health Element Chief” and not “Staff Psychiatrist.”

In support of his application, the applicant submits a personal statement, a copy of his personal data sheet with the incorrect title at the time of the board and a current (corrected) officer effectiveness report (OER) data sheet (Exhibit A).
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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of lieutenant colonel with a date of rank of 22 June 1995 and a total active federal military service date (TAFMSD) of 01 July 1984.  The applicant was considered and not selected for promotion to colonel by the CY00A (M0600A) Central Colonel Selection Board that convened on 6 November 2000.

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this record of proceedings.

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AIR FORCE EVALUATION:

The Medical Accessions and Personnel Programs Branch, AFPC/DPAMF2, indicates that the Physicians Utilization Branch and the applicant’s military personnel flight have no documentation of when his duty title was updated at base level.  According to the Physicians Utilization Branch Chief, the applicant was selected (while stationed at Osan ABS) to fill the position of Outpatient Mental Health Element Chief at RAF Lakenheath, UK.  Therefore, when the applicant arrived at RAF Lakenheath on 13 July 2000, his duty title should have read as “Outpatient Mental Health Element Chief” and not “Staff Psychiatrist.”  Therefore, DPAMF2 recommends approval (Exhibit C).

The Officer Promotions, Appointments, and Selection Continuation Branch, AFPC/DPPPO, states the applicant did not claim that he did not receive the Officer Pre-selection Brief (OPB), nor does he explain why, if he did receive it, he took no action to correct his erroneous duty title.  Since he was hired to have the specific duty title that he now claims was not reflected on his OSB, DPPPC maintains he did not exercise due diligence prior to the M0600A board date.  The applicant did receive his Initial Duty Assignment (IDA) Report on Individual (RIP) dated 1 August 2000, which clearly reflected an incorrect duty title.  He had to have seen it, since he submitted a copy, yet he doesn’t explain what actions he took to correct the duty title while the M0600A board was still over three months away.  As it appears now, he would like promotion reconsideration for an administrative error.  As such, DPPPO does not believe granting SSB consideration is warranted (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and response.  As of this date, this office has received no response.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board took note that the applicant received his Initial Duty Assignment (IDA) RIP reflecting an incorrect duty title three months prior to the convening of the CY00A Central Colonel Selection Board.  We are not persuaded by the evidence provided that the applicant took reasonable and timely steps to ensure that his records were correct prior to the convening of the promotion board.  Furthermore, and more importantly, we have seen no evidence that the error on his OSB caused his record to be so erroneous or misleading that the duly constituted selection, vested with the discretionary authority to select officers for promotion, was unable to make a reasonable decision concerning the applicant’s promotability when compared to his peers.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered this application in Executive Session on 11 September 2001, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 25 May 01.
    Exhibit D.  Letter, AFPC/DPPPO, dated 17 Jul 01
    Exhibit E.  Letter, SAF/MIBR, dated 27 Jul 01.

                                   Panel Chair