RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02883
		INDEX CODE:  111.01, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Professional Military Education (PME) recommendations on his Officer Performance Reports (OPRs), closing 19 Mar 94 and 25 Nov 94, be changed from Intermediate Service School (ISS) to Senior Service School (SSS).

By amendment at Exhibit I, the applicant requests that the promotion recommendation on his Promotion Recommendation Form (PRF), prepared for consideration by the CY98B (P0598B) Central Lieutenant Colonel Selection Board, be changed from “Promote” to “Definite Promote.”

He be considered for promotion to lieutenant colonel by a Special Selection Board (SSB) for the CY98B (1 Jun 98), CY99A (19 Apr 99), CY99B (30 Nov 99) and the CY00A (28 Nov 00) Central Lieutenant Colonel Selection Boards, with inclusion of a Meritorious Service Medal (MSM) in his Officer Selection Record (OSR) and on his Officer Selection Brief (OSB); and, with the corrected OPRs and PRF.

At the time the applicant submitted his application, he requested awarded of the MSM for his assignment at Norton AFB, CA, during the period 26 Mar 84 to 31 Jul 90.  He has subsequently been awarded the MSM; therefore, no Board action is required on this issue.
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APPLICANT CONTENDS THAT:

The contested reports contained incorrect statements which detract from the overall OPRs.  Specifically, the contested OPRs reflect an inappropriate level of PME recommendations.

The inaccurate statements on the contested OPRs, the missing MSM and the illegal mini-boards conducted prior to his Major Boards add up to significant injustices/inconsistencies throughout his Air Force career.

In support of his request, applicant submits a personal statement, copies of the MSM recommendation request and justification and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 5 Aug 82.  He is currently serving on active duty in the grade of major, with an effective date and date of rank of 1 Oct 94.  He has an established date of separation (DOS) of 30 Apr 03.  Applicant's profile for the last 8 reporting periods follows:

		Period Ending	Evaluation

		*    19 Mar 94	Meets Standards (MS) - Captain
		*    25 Nov 94	     MS              - Major
		     25 Nov 95		   MS
		     25 Nov 96            MS
		     25 Nov 97	     MS
		#    21 Jan 98	Education/Training Report
		##   25 Nov 98	     MS
		###   1 Sep 99	     MS
		#### 30 Aug 00	     MS
		##### 6 Aug 01	     MS

*  Contested OPRs

# Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY98B Central Lieutenant Colonel Board, which convened on 1 Jun 98.

## Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY99A Central Lieutenant Colonel Board, which convened on 19 Apr 99.

### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY99B Central Lieutenant Colonel Board, which convened on 30 Nov 99.

#### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY00A Central Lieutenant Colonel Board, which convened on 28 Nov 00.

##### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY01B Central Lieutenant Colonel Board, which convened on 5 Nov 01.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, D and E.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.  DPPPE indicated that Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  The applicant did not provide evaluator support to change the PME recommendation; therefore, they do not believe the change is warranted.  The HQ AFPC/DPPPE evaluation is at Exhibit C.

HQ AFPC/DPPPO recommends the application be denied.  DPPPO stated that they concur with the findings in the HQ AFPC/DPPPE advisory and have nothing further to add.  The HQ AFPC/DPPPO evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and indicated that he is currently in the process of contacting members in his rating chain, not only for the support, but also to clarify their remarks in the disputed OPRs.  He has aggressively pursued the corrections to his OPRs and the missing MSM from his records in a timely manner.  He respectfully requests reconsideration for promotion to lieutenant colonel by an SSB for the CY98B, CY99A, CY99B and CY00A selection boards.  The applicant’s complete submission is at Exhibit F.
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ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.  DPPPE indicated that HQ AFPC/DPAPE provided an email, dated 13 Jan 02, stating the applicant was eligible to meet the Intermediate Service School Central Selection Board in the Spring of 1995.  Therefore, the 19 Mar 94 and 25 Nov 94 OPRs contain the appropriate recommendations.  DPPPE stated that any change to the PME recommendation would cause it to be inaccurate.  The HQ AFPC/DPPPE evaluation is at Exhibit G.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he has been awarded the MSM for outstanding meritorious service, during the period 25 Mar 84 to 21 Jul 90, by Special Order ---, dated 26 Feb 02.  The subject of coupling ISS and SSS candidacy with promotion boards has long been a major problem.  Until 1987, PME selections were tied to promotion boards; i.e., resident PME selections were made in conjunction with promotion to major, lieutenant colonel and below-the-promotion zone (BPZ) colonel.  In 1992, the Air Force “reverted” or “recoupled” PME recommendations to promotion boards; therefore, the two OPRs from Mar 94 and Nov 94 have “wrong” PME recommendations.  Any ISS or the statement “send to AWC” recommendations were “wasted” as majors should have been recommended for SSS.  The senior rater for his primary PRF provided a letter stating that, if he [senior rater] had known about the missing MSM and the OPR mistakes, he [applicant] would have received a “Definite Promote” recommendation on his PRF.  The appellant’s complete submission, with attachments, is at Exhibit I.
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Pursuant to the Board’s request, the following Air Force evaluation was provided concerning the referenced HQ AFPC message.

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.  DPPPE disagrees with the applicant’s contention that when the selection for PME was “recoupled” with promotion boards, the “appropriate” recommendation for a major’s OPR was SSS.  DPPPE states that the “appropriate” recommendation is determined by the applicant’s eligibility for service school.  Evaluators determine the appropriate level recommendation by considering the highest level in-residence PME the officer has already completed along with the eligibility criteria for each level of in-residence PME.  Once the member completes ISS in-residence or when he or she is no longer eligible for consideration, then a Senior Service School (SSS) recommendation is appropriate.  The applicant’s final year for ISS consideration was in the spring of 1995; therefore, the recommendations on the 19 Mar 94 and 25 Nov 94 OPRs are correct.  DPPPE states that since the applicant’s date of rank (DOR) to major is 1 Oct 94, HQ AFPC/DPAPE has verified that the applicant was eligible to meet the following ISS boards:  Spring 1994 ISS Central Selection Board (CSB), Fall 1994 ISS CSB, and the Spring 1995 ISS CSB.  The HQ AFPC/DPPPE evaluation is at Exhibit J.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, on 25 Feb 02, he was awarded the missing Meritorious Service Medal (MSM), which should have been awarded back in 1990.  With regard to his request being untimely, by law, an applicant must file a claim within three years from the date of discovering the alleged error or injustice.  His request is timely.  It has only been discovered through a process of reading regulations, tracking down official Air Force messages, and contacting former commanders that these injustices have been identified or fixed in his permanent record.  He would also like to mention the illegal mini-selection boards that were held at Charleston AFB.  Had the illegal selection boards not taken place, he would have had an excellent chance of a “DP” and an excellent chance of being promoted below the zone along with an automatic ISS school slot.  He has aggressively pursued the corrections to his OPRs and the missing MSM from his records in a timely manner.  He respectively requests promotion reconsideration to the grade of lieutenant colonel by an SSB for the CYs 98B, 99A, 99B and 00A selection boards.  The applicant’s complete submission is at Exhibit L.
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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant partial relief.  After reviewing the evidence of record, we are persuaded that the level of Professional Military Education (PME) on the contested Officer Performance Report (OPR), closing 25 Nov 94, should be amended.  In this respect, we note the statement from the applicant’s former senior rater wherein he indicates that subsequent to promotion to major, the PME recommendation on all subsequent OPRs should have been Senior Service School (SSS) not Intermediate Service School (ISS).  In view of the senior rater’s unequivocal support concerning this issue and the fact that the aforementioned OPR reflects the applicant as serving in the grade of major, we believe that, as an exception to policy, his PME recommendation should be changed to reflect a recommendation for SSS rather than ISS.  In addition, we noted that, since the citation for award of the Meritorious Service Medal (MSM) for his 25 Mar 84 to 31 Jul 90 assignment was not a part of applicant’s Officer Selection Record (OSR) when it was assessed by the selection boards in question, equity dictates that it be included in his record when considered for promotion to lieutenant colonel by a Special Selection Board.  While it cannot be conclusively determined whether or not the absence of the decoration and the lack of appropriate level PME were the reasons for applicant’s nonselection for promotion by the boards in question, we do believe that their omission served to deprive him of fair and equitable consideration.  Therefore, based on the senior rater’s statement and in the absence of a basis to question his integrity, we recommend the contested OPR, closing 25 Nov 94, be amended to reflect a recommendation for SSS, rather than ISS; applicant’s Officer Selection Brief (OSB) be amended to reflect the MSM and that the corrected record be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel Selection Boards.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the OPR, closing 19 Mar 94, and the P0598B Promotion Recommendation (PRF).  With regard to the contested OPR, closing 19 Mar 94, due to the criteria established for the PME recommendation and the fact that the applicant was not serving in the grade of major, we find no error in the PME recommendation of ISS.  As to the contested PRF, we are unpersuaded by the evidence presented that the applicant’s overall recommendation of “Promote” should be changed to “Definitely Promote.”  Applicant’s contentions arguing that he was the victim of illegal mini selection boards are duly noted.  However, we noted that a supplemental review of all PRFs was conducted and that the original promotion recommendation of “Promote” was found to be valid.  We also noted that the senior rater of the contested PRF indicated that, with the applicant’s requested changes to his record, he [applicant] would have competed extremely well for a “Definitely Promote” recommendation in the carry-over process.  But, we are unpersuaded by his statement, alone, that the corrections we propose would have enhanced his record to a sufficient degree that the outcome of the competitive promotion recommendation process would have been different.  In view of the foregoing, and absent sufficient evidence to the contrary, we find no basis to recommend favorable action on the applicant’s requests for a change in the cited OPR and PRF.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a. The Meritorious Service Medal (MSM), for the period 26 March 1984 to 31 July 1990, was accepted for file in his Officer Selection Record (OSR) on or before 31 May 1998; and, that the Officer Selection Briefs (OSB) prepared for the Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel Boards be corrected to reflect the award of the Meritorious Service Medal.

	b. The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 20 March 1994 through 25 November 1994, was amended in Section VII, Additional Rater Overall Assessment, by deleting the PME recommendation of “ISS” and replacing it with “SSS”.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel Boards, with the corrected OPR, OSB and the citation for the Meritorious Service Medal, for the period 26 March 1984 to 31 July 1990, in his record.

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The following members of the Board considered this application in Executive Session on 12 December 2002, 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 in connection with AFBCMR Docket Number 01-02883.

   Exhibit A.  DD Form 149, dated 28 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 13 Nov 01.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 21 Nov 01.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Nov 01.
   Exhibit F.  Letter from Applicant, dated 26 Dec 01.
   Exhibit G.  Letter, HQ AFPC/DPPPE, dated 28 Jan 02, w/atch.
   Exhibit H.  Letter, SAF/MRBR, dated 15 Feb 02.
   Exhibit I.  Letters from Applicant, dated 16 Apr 02, w/atchs,
               and 8 May 02.
   Exhibit J.  Letter, HQ AFPC/DPPPE, dated 4 Oct 02.
   Exhibit K.  Letter, SAF/MRBR, dated 11 Oct 02.
   Exhibit L.  Letter from Applicant, dated 3 Nov 02.

AFBCMR 01-02883

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 APPLICANT be corrected to show that:

	a. The Meritorious Service Medal (MSM), for the period 26 March 1984 to 31 July 1990, was accepted for file in his Officer Selection Record (OSR) on or before 31 May 1998; and, that the Officer Selection Briefs (OSB) prepared for the Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel Boards be corrected to reflect the award of the Meritorious Service Medal.

	b. The Field Grade Officer Performance Report, AF Form 707A, rendered for the period 20 March 1994 through 25 November 1994, was amended in Section VII, Additional Rater Overall Assessment, by deleting the PME recommendation of “ISS” and replacing it with “SSS”.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for Calendar Years 1998B, 1999A and 2000A Central Lieutenant Colonel Boards, with the corrected OPR, OSB and the citation for the Meritorious Service Medal, for the period 26 March 1984 to 31 July 1990, in his record.