RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00557
		INDEX NUMBER:  131.00

	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Officer Selection Brief (OSB) prepared for the CY00A Lt Col Central Selection Board be corrected to reflect in the “Command Level” column, beginning 24 May 99, “Major Command,” instead of “Wing/Base.”

He be considered for promotion to lieutenant colonel by special selection board (SSB) by the CY00A Lt Col Central Selection Board with the corrected OSB.

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APPLICANT CONTENDS THAT:

His OSB prepared for the CY00A Lt Col Central Selection Board reflected his command level of assignment as “Wing/Base” for his duty assignment beginning 24 May 99 when it should have reflected “Major Command.”

He was advised during non-select counseling by AFPC that his assignment history did not compare favorably with his peers because it appeared that he had not held a job above “wing level.”

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  His Total Active Federal Military Service Date (TAFMSD) is 12 Aug 85.  His last ten Officer Performance Reports (OPRs) reflects overall ratings of “Meets Standards.”  The applicant was considered, but not selected by the CY00A Central Lieutenant Colonel Selection Board (28 Nov 00).

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AIR FORCE EVALUATION:

HQ AFPC/DPAO indicate that the applicant’s OSB contained erroneous duty history information for the CY00A Central Lt Col Promotion Board.  The applicant’s current MPF has updated the applicant’s duty history.  They defer to AFPC/DPPPO’s recommendation regarding the applicant’s request for promotion consideration by SSB.

The complete evaluation is at Exhibit C.

HQ AFPC/DPPPO recommends denial of the applicant’s request for SSB.  While the applicant may argue that errors in the command level in his duty history played a role in his nonselection for promotion, there is no clear evidence that it negatively impacted his promotion opportunity.  Coded information on the OSB, such as the command level that is reflected in any officer’s duty history, is also reflected elsewhere in the record in cleartext form.  Every OPR and Promotion Recommendation Form (PRF) in the officer’s record reflects the command level for each assignment.  They do not believe that the minor error in the applicant’s command level duty history caused his nonselection for promotion.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air force evaluation prepared by AFPC/DPPPO by indicating that he disagreed with their inclusion of the information that he has two nonselects to the grade of lieutenant colonel.  He requests that the Board disregard this information.

The applicant’s complete response 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 error or injustice.  The Air Force has acknowledged that the applicant’s OSB for the CY00A Lt Col Central Selection Board contained erroneous duty history information.  They also indicate that there is no clear evidence that the erroneous information negatively impacted the applicant’s promotion opportunity.  While we can agree that the evidence does not clearly indicate that the applicant was negatively impacted, it also does not clearly indicate that he was not.  We note that the applicant has stated that he was advised during nonselect counseling that his duty history did not compare favorably with his peers.  If the individual that conducted the nonselect counseling came to this conclusion, it appears reasonable to assume that some members of the selection board may have drawn the same conclusion.  We believe the doubt generated over the impact of the erroneous information should be resolved in the applicant’s favor.  Therefore, we recommend that the applicant’s record be corrected as indicated below.

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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 the Air Force Officer Selection Brief prepared for the CY00A Central Lieutenant Colonel Selection Board be amended in the Assignment History section as follows:

	  a.  Change the entry effective 24 May 99 under the column “level” to “CM” (Major Command) vice “W/B” (Wing/Base).

	  b.  Change the entry effective 1 Jan 00 under the column “level” to “CM” (Major Command) vice “W/B” (Wing/Base).

It is further recommended that he considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY00A (28 Nov 00) Central Lieutenant Colonel Selection Board with the corrected record.

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The following members of the Board considered Docket Number 02-00557 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 11 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAO, dated 26 Feb 02.

     Exhibit D.  Memorandum, AFPC/DPPPO, dated 26 Mar 02.
     Exhibit E.  Letter, SAF/MIBR, dated 5 Apr 02.
     Exhibit F.  Memorandum, Applicant, dated 30 Apr 02.

                                   

AFBCMR 02-00557

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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that the Air Force Officer Selection Brief prepared for the CY00A Central Lieutenant Colonel Selection Board be amended in the Assignment History section as follows:

	  a.  Change the entry effective 24 May 99 under the column “level” to “CM” (Major Command) vice “W/B” (Wing/Base).

	  b.  Change the entry effective 1 Jan 00 under the column “level” to “CM” (Major Command) vice “W/B” (Wing/Base).

	It is further directed that he considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY00A (28 Nov 00) Central Lieutenant Colonel Selection Board with the corrected record.