RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-00936
				INDEX CODE 131.01
	 			COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

1.  The Officer Performance Report (OPR) for the period 27 Oct 00 through 26 Oct 01 be included in his Officer Selection Record (OSR).

2.  The Assignment History in the Officer Selection Brief (OSB) for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board be corrected as follows:

    a. The 28 Jun 00 entry reflect “Air Attaché” vice “Student.”

    b. The date of the 31 Oct 97 entry be changed to 24 Mar 97.

    c. The 1 Nov 95 entry be deleted and replaced with “1 May 95, Chief, Launch Programs Strategic Planning.”

3.  His corrected record receive SSB consideration for the CY01B board.
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APPLICANT CONTENDS THAT:

AFPC confirmed that his latest OPR (closing 26 Oct 01) was not in his record when the selection board convened. His OSB does not reflect the content of his record.  He provides documentation showing his attempts to correct two of the biggest problems in his records well before the board convened. 

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

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STATEMENT OF FACTS:

During the period in question, the applicant was a major assigned as an air attaché to the AF Element, Defense Intelligence Agency/Attachés (ELM), Kazakhstan,  Washington DC.  

The applicant was considered but not selected for promotion to the grade of lieutenant colonel by the CY01B selection board, which convened on 5 Nov 01. The top report considered by that board covered the period 24 Mar 99 through 26 Oct 00, and had the same duty title as the OPR closing 26 Oct 01.  The rater signed the 26 Oct 01 OPR on 31 Oct 01, and the additional rater and reviewer signed the report on 12 Nov 01, after the selection board had convened.  The Promotion Recommendation Form (PRF) for that board reflected an overall recommendation of “Promote.”

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AIR FORCE EVALUATION:

HQ AFPC/DPASA concurred with the requested assignment history changes and advised that the duty title/date corrections were completed in MILPDS on 26 Mar 02.

A complete copy of the evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPO concurs with the assignment history corrections but recommends against including the 26 Oct 01 OPR.  The additional rater and reviewer did not sign the OPR until after the selection board convened, and the report was not required to be on file until 26 Dec 01.  With supporting documentation from either his evaluator(s) or someone in the administrative process to explain the delay in signing and filing the OPR, they might justify approving SSB consideration. Therefore, they recommend SSB consideration with the duty history corrections, but not to include the OPR.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 14 Jun 02 for review and comment within 30 days.  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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant partial relief. Normally the Board would not recommend approving a request for SSB consideration for minor administrative errors from five and seven years ago.  However, the applicant appears to have made a particularly diligent effort before the CY01B board convened to have the duty title for the 28 Jun 00 entry changed from “Student” to “Air Attaché.” The Board majority agrees with the Air Force that this entry is significant enough to warrant SSB consideration. The Air Force confirmed the erroneous entries were administratively updated in the personnel database after the selection board. Since the Board majority recommends SSB consideration based on the 28 Jun 00 entry, we see no reason not amend the contested 1995 and 1997 entries as well. Therefore, the majority of the Board recommends the applicant’s OSB be corrected as indicated below and he be afforded SSB consideration for the CY01B board.

4.	With regard to the applicant’s request to have the 26 Oct 01 OPR included for the CY01B board’s consideration, we unanimously agree with the Air Force’s rationale and recommendation. The additional rater and reviewer did not sign the report until seven days after the selection board convened. The governing directive did not require the OPR to be on file until 26 Dec 01.  Further, the applicant has provided no supporting documentation from either his evaluators or someone in the administrative process stating their intent to have the report reviewed by the CY01B board or explaining the delay in signing and filing the OPR. Since the applicant has not substantiated an error or injustice in this regard, we conclude this portion of his appeal should be denied.

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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 Assignment History Section of the Officer Selection Brief (OSB) prepared for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board was amended to reflect the following changes:

		a. The duty title for the 28 June 2000 entry was “Air Attaché” vice “Student.”

		b. The 31 October 1997 entry date should reflect 24 March 1997.

		c. Delete the 1 November 1995 entry and replace it with “1 May 1995, Chief, Launch Programs Strategic Planning.”

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY01B Board.

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The following members of the Board considered this application in Executive Session on 3 September 2002 under the provisions of AFI 36-2603:

The Board majority voted to correct the records, as recommended. Mr. Baxter voted to deny the appeal in its entirety and has submitted a Minority Report at Exhibit F. The following documentary evidence relating to AFBCMR Docket Number 02-00936 was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASA, dated 26 Mar 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 10 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Jun 02.
   Exhibit F.  Minority Report.

                                   

AFBCMR 02-00936

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       , be corrected to show that the Assignment History section of the Officer Selection Brief (OSB) for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board was amended as follows:

			  a. The duty title for the 28 June 2000 entry was “Air Attaché” vice “Student.”

			  b. The 31 October 1997 entry date should reflect 24 March 1997.

			  c. Delete the 1 November 1995 entry and replace it with “1 May 1995, Chief, Launch Programs Strategic Planning.”

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY01B Board.

					

AFBCMR 02-00936

MEMORANDUM FOR THE EXECUTIVE DIRECTOR OF THE AIR FORCE BOARD FOR
                                       CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of  

	In Executive Session, we unanimously denied the applicant’s request to be considered by Special Selection Board (SSB) for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board with the 26 October 2001 Officer Performance Report in his records. However, my colleagues agreed with the Air Force’s recommendation to amend the Assignment History in the applicant’s CY01B Officer Selection Brief (OSB) and grant SSB consideration on that basis. The contested Assignment History entries were administratively updated by the Air Force after the selection board convened.

	I concede that having the 28 June 2000 entry reflect “Air Attaché” rather than “Student” is a significant change.  However, I am not persuaded that the applicant diligently monitored the accuracy of his records.  He was assigned as an Air Attaché in June 2000; the selection board convened over a year later on 5 November 2001. His emails reflect he did not express concern that his records “were out of date” until August 2001. He really doesn’t appear to have made a “big push” to fix the 28 June 2000 entry until October 2001, one month before the board convened.  The two other contested assignment entries go back as far as 1995 and 1997.  The applicant provides no evidence that he made any timely effort to rectify these five- and-seven-year old errors.  

	Too often today personal responsibility is laid on someone else’s doorstep. I believe this Board exists to make whole those individuals suffering an error or an injustice through no fault of their own.  This applicant appears to have a pattern of not taking preemptive action regarding the inaccuracies in his military record.  He should be held accountable for not exercising reasonable diligence in removing discoverable errors rather than being given another shot at promotion.  I therefore recommend that the appeal be denied in its entirety.