RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-02362
							INDEX CODE:  107.00

							COUNSEL:  NONE

							HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His complete record be recompeted for a promotion recommendation (Definitely Promote (DP)) at the Management Level Review Board and he then receive Special Selection Board (SSB) consideration for promotion to the grade of colonel for the Calendar Year (CY) 2001A Central Colonel Selection Board with inclusion of the citation for his Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the period 30 June 1994 through 23 June 1996 in his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

It was a major and significant error that the CY01A, JAG 0-6 Promotion Board, did not have his entire record to consider-– especially considering the competitive nature of his year group as well as his strong promotion potential (supported by his PRF and an unsolicited note from the senior JAG on that board).  He was told during AFPC post-board counseling (and he agrees) that the portion of his record reflecting his two years in Korea was weaker than the rest of his record.  The missing award citation is damaging for four major reasons:

    1. The missing citation documented his significant contributions to the Korean Theater.

    2.  The missing award memorandum negatively draws attention to that weaker period of his career.

    3.  The omission of the citation suggests he did not care enough about promotion to thoroughly check his records.

    4.  Small discrepancies like a missing award citation can affect the outcome of the board.

For all the above reasons, he believes that the omission of the award citation was a harmful substantive, and prejudicial error and cause for his file not to be presented in a complete manner to the CY01A Promotion Board.  For something so significant as promotion to 0-6, he believes it is both fair and reasonable for him to expect that he have the promotion  board actually see everything that they have a right to consider.

In support of the appeal, applicant submits a memorandum for record documenting the missing award, a copy of the award citation, an unsolicited note from a member of the promotion board expressing disappointment he was not selected, and a copy of his PRF.

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 lieutenant colonel.

Applicant was considered and not selected for promotion to the grade of colonel by the CY01A Central Colonel Selection Board.  At the time he was considered for promotion, the citation for his MSM, 2OLC for the period 30 June 1994 through 23 June 1996 was missing.

Applicant’s Officer Performance Reports (OPRs) from 1991 through 2000 reflects meets standards on all performance factors.

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AIR FORCE EVALUATION:

AFPC/DPPP states that the award citations are not filed for review during the MLR process.  The MLR reviews the decorations, year awarded, and number of awards that are updated in the Military Personnel Data System.  In this case, the applicant provides no supportive documentation from the MLR that the decoration was not updated on the Duty Qualification History Brief during the MLR review.  Therefore, they recommend denial of applicant’s request.

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

AFPC/DPPPO agrees the citation was missing from his OSR.  However, they state that the purpose of having a citation included in the record is not to allow selection 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.

Central boards evaluate the entire OSR (including the promotion recommendation form, officer performance reports, officer effectiveness reports, training reports, letters of evaluation, decorations, and officer selection brief), assessing whole person factors such as job performance, professional qualities, depth and breadth of experience, leadership, and academic and professional military education.  Although the citations were not present in his OSR for the board’s review, the selection board had his entire officer selection record (including the OSB reflecting the MSM, 2OLC) at their disposal during promotion consideration.  In fact, every accomplishment mentioned in the MSM, 2OLC citation is also reflected on the applicant's OPRs for that time period and the CY01A promotion recommendation form (PRF).  Accordingly, they are not convinced the missing five-year-old decoration citation caused his promotion nonselection.  Therefore, they recommend denial 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:

Applicant reviewed the Air Force evaluations and states that he submitted his request for a correction to military records not to exploit a small technical mistake in his records, but because an important document was missing from his record when his record was evaluated for promotion to 0-6.  The objective facts are that he has a very good record and his record supports promotion.  He states, on such an important issue as promotion, there should be no issue as to if the board results would have been different if his record had been present in its entirety.

He believes his record objectively supports promotion to colonel.  His belief is supported by the fact he received “DPs” for his promotion to major and lieutenant colonel.  Those two events certainly placed him in the top 50% of his year group (approximately the promotion rate to colonel).  Additionally, after selection to lieutenant colonel, he did very well and was competitively selected for advanced civilian schooling, and, after graduating with honors, he successfully served as an office chief at the air staff level, and then on the staff of a combatant command (US Pacific Command).

His JAG year group was exceptionally competitive.  This competitiveness is what supports his contention that even the smallest record discrepancy could have an impact on the final results.

The applicant’s review, with attachments, is 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 warranting favorable action on the applicant’s request for SSB consideration.  In this respect, we note that the Air Force agrees that his OSR did not contain the MSM, 2OLC citation for the period 30 June 1994 through 23 June 1996.  While it cannot be conslusively determined whether or not the absence of the missing citation 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 the missing citation, be considered for promotion to the grade of colonel by Special Selection Board for the CY01A Central Colonel Selection Board.

4.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Applicant’s request to have his complete record recompeted for a promotion recommendation (Definitely Promote (DP)) at the Management Level Review Board was considered; however, favorable action on his request is not recommended.  We note that the applicant has failed to provide documentation to support this portion of his appeal; specifically, statements from the senior rater and MLRB President.

5.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the citation to accompany the Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the period 30 June 1994 through 23 June 1996, be considered for promotion to the grade of colonel by Special Selection Board for the Calendar Year 2001A Central Colonel Selection Board.

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The following members of the Board considered this application in Executive Session on 5 December 2001, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 Apr 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 11 Oct 01.
	Exhibit D.	Letter, AFPC/DPPP, dated 11 Oct 01
	Exhibit E.	Letter, AFBCMR, dated 19 Oct 01.
	Exhibit F.	Applicant’s Response, dated 5 Nov 01, w/atchs.

           					

AFBCMR 01-02362
INDEX CODE:  107.00

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 the citation to accompany the Meritorious Service Medal, Second Oak Leaf Cluster (MSM, 2OLC) for the period 30 June 1994 through 23 June 1996, be considered for promotion to the grade of colonel by Special Selection Board for the Calendar Year 2001A Central Colonel Selection Board.