ADDENDUM TO
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:  NO

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that the Board Discrepancy Report for Board P0501B be removed; 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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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) and the CY02B (8 November 2002) Lieutenant Colonel Central Selection Boards.

On 28 August 2002, the applicant’s request 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 was considered and denied by the Board (Exhibits A through F).

The applicant submitted a request for reconsideration, contenting that his OSR prepared for the CY01B promotion board contained a Memorandum for Record (Board Discrepancy Report).   The presence of this memo in his record constituted a negative detractor in the eyes of the promotion board, which unjustly pushed his ranking down when compared to the records of his peers.  His 24 September 2001 pre-selection brief correctly showed the citation; however, he did not receive a copy of the citation until 9 October 2001.  He received the Discrepancy Report three days prior to the convening of the promotion board, which made it impossible for him to know of the memo’s existence and correct his records.  The applicant’s complete submission is at Exhibit G.

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  This Board considered this case on 28 August 2002 and found that the applicant had not provided sufficient documentation showing that the lack of the contested citation in his OSR caused his record to be as inaccurate or misleading that the selection board was unable to make a reasonable decision concerning his promotability in relation to his peers.  However, based on the evidence provided with his current request for reconsideration, the majority of the Board is persuaded that the Board Discrepancy Report combined with the missing citation for the DMSM constituted negative detractors before the promotion board.  In this respect, we note the results of AFPC Officer’s Promotion Debriefing on 3 April 2002 and an excerpt from the promotion board debriefing by a member of the board, dated 15 May 2002, which indicates that the missing citation and the presence of the Board Discrepancy Report for the CY01B Board may have diminished the applicant’s chances for promotion when compared to his peers.  While it cannot be conclusively determined whether or not the Board Discrepancy Report combined with the missing citation for the DMSM were the sole reasons for his non-selection for promotion by the CY01B board, the Board majority believes that it served to deprive him of fair and equitable consideration.  Based on the evidence of record and to remove any possibility of an injustice to the applicant, the Board majority recommends the applicant’s records be corrected to the extent indicated below and he be provided Special Selection Board consideration for promotion to the grade of lieutenant colonel for the CY01B board.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the citation for the Defense Meritorious Service Medal, First Oak Leaf Cluster (DMSM, 1OLC) awarded for the period 15 March 1998 through 6 October 2000, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY01B Central Lieutenant Colonel Selection Board and any subsequent boards for which the DMSM, 1OLC was not a matter of record.

It is further recommended that the Board Discrepancy Report for the Board P0501B be declared void.

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The following members of the Board considered AFBCMR Docket Number BC-2002-01404 in Executive Session on 26 June 2003, under the provisions of AFI 36-2603:

The majority voted to correct the record, as recommended. Mr.   voted to deny the applicant’s request and does not wish to submit a minority report.  The following documentary evidence was considered:

	Exhibit F.  Record of Proceedings, dated 23 September 2002,
                w/atchs.
	Exhibit G.  DD Form 149, dated 3 December 2002, w/atchs.

                                   
                                   Panel Chair

AFBCMR BC-2002-01404

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    , to include the citation for the Defense Meritorious Service Medal, First Oak Leaf Cluster, (DMSM, 1OLC) awarded for the period 15 March 1998 through 6 October 2000, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY01B Central Lieutenant Colonel Selection Board and any subsequent boards for which the DMSM, 1OLC was not a matter of record.

	It is further directed that the Board Discrepancy Report for the Board P0501B be, and hereby is, declared void.