RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01404
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) for the Calendar Year 2001B (CY01B) Lieutenant Colonel Selection Board be corrected to include the citation for the Defense Meritorious Service Medal (DMSM), First Oak Leaf Cluster (1OLC), for the period 15 March 1998 through 6 October 2000 and that he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the CY01B Selection Board.

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APPLICANT CONTENDS THAT:

The citation for his DMSM, 1OLC, was not in his OSR when it met the CY01B lieutenant colonel board.  He believes the board members did not have a complete and accurate picture of his performance due to the missing citation and thus could not create a complete picture of his real potential.  The lack of this citation was a detractor and contributed to his non-select for promotion.

In support of his appeal, the applicant provided a personal statement, Officer Pre-selection Brief, dated 1 August 2001 and 24 September 2001, Officer Selection Brief, prepared for the CY01B Lieutenant Colonel Board, dated 23 October 2001, and other documentation.

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

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major.

The citation accompanying the Defense Meritorious Service Medal (DMSM) for the period 15 March 1998 through 6 October 2000 was not filed in the applicant’s OSR before the CY01B board.

The Officer Selection Brief (OSB) prepared for the CY01B Selection Board reflected award of the DMSM 1OLC.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY01B (5 November 2001) Lieutenant Colonel Central Selection Board.

OPR profile since 1994, follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

		      15 Dec 01              Meets Standards (MS)
		      15 Dec 00              			(MS)
		      15 Dec 99			(MS)
		      15 Dec 98			(MS)
		      15 Dec 97			(MS)
		      15 Dec 96			(MS)
		      15 Dec 95			(MS)

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated that the applicant contends the citation for the DMSM, 1OLC was missing from his OSR.  He included a copy of the citation, but it erroneously reflected Second Oak Leaf Cluster (2OLC) versus 1OLC.  They contacted the appropriate award authority and were able to obtain a corrected citation reflecting the 1OLC.  Even though the citation was not on file in the OSR when the board convened, the board members knew of its existence as evidenced by the entry on his OSB.  The purpose of having a citation included in the record is not to allow 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.  The military personnel data system (MILPDS), and consequently the officer selection brief (OSB), did reflect that a total of two DMSMs (also referred to as DMSM, 1OLC) had been awarded to the applicant.

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 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 DMSM, 1OLC, during promotion consideration.  In fact, the accomplishments mentioned on the DMSM, 1OLC citation are also reflected on the applicant’s officer performance reports (OPRs).  Additionally, the discrepancy letter filed on top of the OSR would have indicated to the promotion board a citation was missing and the level of the decoration.  As such, they are not convinced the absence of the citation from the OSR caused his nonselection for promotion.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that AFPC/DPPPO failed to mention or acknowledge the negative impact of the Discrepancy Report in his OSR, especially when his record was compared to his peers.  According to his official non-selection debriefing from AFPC conducted on 3 April 2002, the lack of the citation was a detractor.  According to an out brief by a member of the promotion board P0501B, “…poor records stood out…”  In other words, records with errors or mistakes stood out in a negative direction.  He believes the presence of a Discrepancy Report coupled with the lack of his citation is his OSR were detractors that combined and contributed to his non-select for promotion to lieutenant colonel.

Applicant’s response, with attachments, is at Exhibit E.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting his OSR for the CY01B Lieutenant Colonel Selection Board be corrected to include the citation for the DMSM, 1OLC, and that he receive SSB consideration for promotion to the grade of lieutenant colonel.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Although the citation was not included in the applicant’s OSR for the board’s review, the selection board reviewed his entire officer selection record, including the OSB reflecting the DMSM, 1OLC and the OPRs which reflect the accomplishments mentioned on the DMSM, 1OLC citation.  In view of these findings, the Board is not sufficiently persuaded that the lack of the contested citation in his OSR, in and of itself, caused his record to be so inaccurate or misleading that the selection board was unable to make a reasonable decision concerning his promotability in relation to his peers.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	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 applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 02-01404 in Executive Session on 28 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 April 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 28 June 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 9 July 2002.
   Exhibit E.  Letter, Applicant, undated, w/atchs.