RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00297
		INDEX NUMBER:  131.00

	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to major (O-4) by Special Selection Board (SSB) for the CY01A Central Major Selection Board with inclusion of the following documents:

	  A.  Officer Performance Report (OPR) closing out 31 Mar 01.

	  B.  Training Report (TR) dated 12 Apr 01.

	  C.  Joint Service Commendation Medal (JSCM) awarded 12 Aug 94.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Record (OSR) that met the CY01A Central Major Selection Board was incomplete and missing documents.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of captain.  His Total Active Federal Military Service Date (TAFMSD) is 1 Mar 89.  A resume of his last ten Training Reports and Officer Performance Reports follows:

	Closeout Date			Overall Rating

	  25 Sep 94 (OPR)			Meets Standards
	  02 Jun 95 (OPR)			Meets Standards
	  13 Jun 96 (TR)			Meets Standards
	 *17 Dec 96 (TR)			Did Not Meet Standards
	  17 Dec 97 (OPR)			Meets Standards
	  13 Jul 98 (OPR)			Meets Standards
	  31 Mar 99 (OPR)			Meets Standards
	  31 Mar 00 (OPR)			Meets Standards
	  31 Mar 01 (OPR)			Meets Standards
	**12 Apr 01 (TR)			Meets Standards
	  20 Nov 01 (OPR)			Meets Standards

*Applicant failed to complete requirements for award of degree in program he was enrolled in at AFIT (Received a referral report).

**TR applicant wants included in his OSR.  TR was prepared to show that applicant completed previously unfulfilled requirements in 1999 for award of degree through AFIT.

The applicant was considered, but not selected for promotion to major by the CY01A (18 Jun 01) central major selection board.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of applicant’s request for promotion consideration by SSB.

They disagree that the applicant’s 31 Mar 01 OPR was not in his OSR when the CY01A board convened.  According to their research, the applicant’s OPR was received by AFPC/DPPBR by fax on 7 Jun 01 and was filed in the applicant’s OSR.

In regards to the applicant’s 12 Apr 01 TR, the applicant did not follow-up on his missing TR until Oct 01, after the board convened.  The applicant could have written a letter to inform the board president of his awarded Masters degree.  They believe the applicant failed to exercise “due diligence” prior to the board.  However, they might be able to recommend approval of the applicant’s request for an SSB if supportive documentation is provided from AFIT personnel explaining the delay in processing the TR.  The 12 Apr 01 signed TR was not received by AFPC/DPPBR until Feb 02.

They agree that the citation for the applicant’s JSCM was missing from his OSR.  However, the personnel data system, and consequently the officer selection brief (OSB), did reflect the JCSM.  Although the citation was not present in his OSR for the Board’s review, the selection board had his entire officer selection record at their disposal, including the OSB reflecting the JSCM.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation with the following points:

	  a.  Regarding AFPC/DPPPO’s assertion that his request to include documentation of a 12 Aug 94 JSCM in his OSR was untimely, he indicates that the JSCM was documented in his records maintained by his local military personnel flight (MPF).   He did not learn that the documents were missing from his master records maintained by AFPC until Jan 01 when he requested a copy of the records.  He made numerous attempts to get his records corrected, but did not receive confirmation until Jan 02 that a copy of the decoration had been faxed to AFPC for inclusion in his records.

	  b.  He disagrees with AFPC/DPPPO’s assertion that his     31 Mar 01 OPR was included in his OSR that met the CY01A Central Major Selection Board.  He recounts the efforts to get the OPR included.  When he received a copy of his “as met” OSR, the OPR was not included.  He was told by an individual at AFPC that the OPR was not included in the copy of the record sent to him because it did not meet the CY01A board.  The applicant concludes that nobody really knows if his OPR was included in his records or not.

	  c.  The applicant provides the details of his actions to get a training report accomplished after he completed AFIT in March 1999.  He indicates that it appeared that the TR was in his records prior to the CY01A board.  After the results of the board were released, he requested a copy of his records within two days and received the information three months later.  He filed his request for SSB nine days later.

The applicant’s complete response is at Exhibit E.

_______________________________________________________________

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 error or injustice.  After our review of the complete evidence of record, we believe that the 12 April 2001 TR should have been included in the applicant’s OSR.  We note that this TR documents the applicant’s successful completion of the AFIT requirements for award of a Masters Degree in a program from which he was previously administratively disenrolled.  Insomuch as the referral TR rendered for the period 14 June 1996 through 17 December 1996 documents the deficiencies that led to his disenrollment, failure to include the 12 April 2001 TR provides an incomplete view of his record.  As such, this could be perceived as an injustice to the applicant.  We disagree with the position stated in the evaluation done by AFPC/DPPPO that they might be able to support the applicant’s request for an SSB should AFIT provide supportive documentation explaining the delay in processing the TR.  We believe that the two years it took to get the TR accomplished was excessive and that the applicant took reasonable actions to insure it was prepared and on file, although the complete responsibility was not his.  We also do not find that the record clearly shows that the OPR closing out 31 Mar 01 was included in the applicant’s OSR for the CY01A selection board.  Although we are not convinced that the missing JSCM citation impacted the applicant’s selection opportunity, we believe that it should be included in the OSR along with the 12 April 2001 TR and 31 March 2001 OPR.  Therefore, in the interest of equity and justice, we recommend that the record be corrected as indicated below.

_______________________________________________________________

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 Education/Training Report, AF Form 475, dated   12 April 2001, was accepted for file in his Officer Selection Record on or before 1 June 2001.

	  b.  The citation for the Joint Service Commendation Medal (JSCM) awarded 12 August 1994 was accepted for file in his Officer Selection Record on or before 1 June 2001.

It is further recommended that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY01A (18 June 2001) Central Major Selection Board with the corrected record and inclusion of the Officer Performance Report, AF Form 707B, rendered for the period 1 April 2000 through 31 March 2001.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00297 in Executive Session on 14 May 2002, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 23 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.

     Exhibit C.  Memorandum, AFPC/DPPPO, dated 2 Apr 02.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Apr 02.
     Exhibit E.  Memorandum, Applicant, dated 28 Apr 02.

                                   	

AFBCMR 02-00297

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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  The Education/Training Report, AF Form 475, dated 12 April 2001, was accepted for file in his Officer Selection Record on or before 1 June 2001.

		b.  The citation for the Joint Service Commendation Medal (JSCM) awarded 12 August 1994 was accepted for file in his Officer Selection Record on or before 1 June 2001.

	It is further directed that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY01A (18 June 2001) Central Major Selection Board with the corrected record and inclusion of the Officer Performance Report, AF Form 707B, rendered for the period 1 April 2000 through 31 March 2001.