RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01992
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His Officer Selection Record (OSR) be corrected to include the citation for award of the Defense Meritorious Service Medal, First Oak Leaf Cluster (DMSM, 1OLC).

2.  He be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 2001B Central Colonel Selection Board, due to a missing decoration citation.

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APPLICANT CONTENDS THAT:

His OSR that met the P0601 Colonel’s Board was missing a Defense Meritorious Service Medal – 1OLC awarded in CY99 by the Joint Strike Fighter (JSF) Systems Program Office.  He believes this material administrative error negatively impacted his selection for promotion in that it incorrectly reflected his concern about the accuracy of his record.  He believes he exercised reasonable diligence to ensure his record was accurate.  In February-March 2000, the JSF program office informed him that the DMS was approved.  He called AFPC from Air War College to confirm that this award was in his official records.  AFPC confirmed that the JSF DMS was in his official file.  Additionally, the officer preselection brief forwarded on 11 September 2001 for eligible officers to review the contents of their record indicated that the ’99 DMS was in his records.  In September 2001, he called AFPC to make other minor, necessary corrections to his record but saw no requirement to inquire about awards and decorations.  Since he received no additional decorations after 1999, he thought it unreasonable to request documents that he personally possessed and had been informed were in his official file already.  However, he is convinced this material administrative error significantly impacted his promotion opportunity.  The feedback comparison sheet provided by Col N--- L--- indicates that his record was extremely competitive.  In fact, of the seven (7) categories assessed, he was at or above the average in 5 of 7 categories.  He has been selected for in-resident PME at every level by AF central boards which indicates that he was at the very top of his peer group.  He performed at a superior level in DOD’s top priority, major acquisition, selectively-manned organizations (F-22 and JSF).  This again, indicates his favorable standing within his peer group.  Since he realizes that the competition for promotion at the colonel level is extremely stiff, incomplete documentation, especially for the most recent decoration, could only have a negative impact on board members.  He believes that he exercised reasonable diligence in ensuring that all elements of his official file were accurate.  However, an administrative glitch somewhere in the process disallowed a just assessment of his 21 years of performance.  He requests positive consideration in correcting this error in his OSR and approval for consideration in the upcoming special selection board.

In support of the appeal, applicant submits a copy of the Officer Preselection Brief, a copy of the Board Discrepancy Report and a copy of the Comparison of 10 “Low Select” Records to Member’s Record.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

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

Applicant was considered and not selected for promotion to the grade of colonel by the CY01B Central Colonel Selection Board.

Applicant’s Officer Performance Reports (OPRs) from 1991 through 2001 reflect “meets standards” on all performance factors.

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AIR FORCE EVALUATION:

AFPC/DPPPO states that although the citation was not in the OSR when the board convened, the board members knew of its existence as evidenced by the entry on his officer selection brief (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 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 report for the period 1 March 1998 to 28 February 1999.  Finally, the discrepancy letter filed on top of the OSR would have indicated to the promotion board there was a citation missing and the level of the decoration.  They are not convinced the missing citation contributed to the applicant’s promotion nonselection.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that he respectfully disagrees with the advisory opinion and asks that the Board’s decision support his position.  He states first, board members had no opportunity to review comments on his citation even if they were so inclined since the citation was not included.  While he has not personally been on an official promotion board, the mock-up sessions that he experienced in both residences Air Command and Staff College and Air War College, he scanned citations since they highlighted candidates’ most significant achievements more concisely than the compilation of OPRs.  He is confident that some board members used this same approach.  Second, since the level of the decoration is reflected in all complete OSBs, according to the advisory opinion, including copies of citations in the OSR adds no value.  But, he is convinced that this long-standing tradition of including copies of the citation in the OSR serves several purposes.  First, it affords board members a concise highlight of significant accomplishments.  Second, it immediately associates those accomplishments with a specific program or unit.  He believes a citation highlighting significant contributions to the Joint Strike Fighter, the DOD’s largest ever acquisition program providing far reaching combat capabilities both nationally and internationally, has an immediate, positive impact on board members.  Third, it shows level of decoration and number of times earned.

In reference to the statement, “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,” he states that this statement is actually inaccurate.  Because a very significant citation was missing, the selection board did not have his entire OSR.  He states, clearly this is a material administrative error and in accordance with AFI 36-2501, Chapter 6, meets condition for granting him the opportunity of a special selection board.

He believes that an incomplete OSR may have negatively impacted some of the board member’s perceptions of his seriousness about being promoted.  While he believes he exercised reasonable diligence in ensuring that all elements of his official file were accurate, a missing citation may have conveyed to some board members that he lacked true concern.  He states, because competition at this level is extremely close, this misperception may have resulted in his non-selection.  He requests positive consideration in correcting this error and approval to meet the upcoming special selection board.

Applicant's complete response, with attachment, 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 error or injustice.  The Air Force states that his official selection brief revealed that he was awarded the DMSM, 1OLC; therefore, the board members were aware of the award.  We also note that the central boards evaluate the entire officer record and it is highly unlikely the missing DMSM, 1OLC citation from applicant's Officer Selection Record (OSR) was the cause of his nonselection.  After reviewing the evidence of record, we are in agreement with the comments of the Air Force.  In view of the above, we are compelled to conclude that the missing DMSM, 1OLC citation from his OSR was a harmless error.  Therefore, we find no basis upon which to recommend favorable action on 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 this application in Executive Session on 5 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Jun 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 29 Aug 02.
	Exhibit D.	Letter, AFBCMR, dated 13 Sep 02.
	Exhibit E.	Applicant’s Response, dated 20 Sep 02, w/atch.

					Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
		    CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM:	SAF/MR
SUBJECT:	AFBCMR Case on 
I have carefully considered all the circumstances of this case and do not agree with the AFBCMR panel that the applicant’s request to be considered for promotion to the grade of colonel by Special Selection Board (SSB), with the citation for the Defense Meritorious Service Medal, First Oak Leaf Cluster (DMSM (1OLC)), in his selection folder, should be denied. 
Applicant was nonselected for promotion to the grade of colonel by the Calendar Year (CY) 2001B Central Colonel Selection Board that convened on 3 December 2001.  After his nonselection for promotion, it was discovered that the citation for the DMSM (1OLC) was missing from his selection folder.  In his application to the AFBCMR, the applicant contends that this material administrative error negatively impacted his selection for promotion in that it incorrectly reflected his concern about the accuracy of his record.  The Office of Primary Responsibility (OPR) concedes the citation was missing.  However, it notes that the selection board had the applicant’s entire record at its disposal, including the Officer Selection Brief (OSB) reflecting the DMSM (1OLC).  In fact, the accomplishments mentioned on the DMSM (1OLC) citation are also reflected on the applicant’s Officer Performance Report (OPR).  Finally, the discrepancy letter filed on top of his selection folder would have indicated to the promotion board there was a citation missing and the level of the decoration.  Thus, the OPR is not convinced that the missing citation contributed to the applicant’s promotion nonselection.  The AFBCMR panel agrees with the OPR and concludes that the missing citation was a harmless error.  As indicated earlier, I disagree.
We have no way of determining the true impact of the missing citation on the applicant’s chance of selection for promotion to the grade of colonel.  We do know, however, that the missing citation deprived the applicant of his right to have his record fairly and accurately portray his performance of duty before the CY01B Central Colonel Selection Board.  Since the applicant acted with due diligence to ensure his records were current and up-to-date and given the competitiveness of promotion to colonel, the benefit of any doubt should be resolved in his favor by providing him reconsideration for promotion by an SSB with an accurate record.  Accordingly, it is my decision that the applicant’s request be approved.

Assistant Secretary
(Manpower and Reserve Affairs)

AFBCMR 02-00904
INDEX CODE:  110.00

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 citation for the Defense Meritorious Service Medal, First Oak Leaf Cluster (DMSM, 1OLC), covering the period March 1998 through July 1999 was accepted for file in his Officer Selection Record on or before 3 December 2001..

	It is further directed that he be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 2001B Central Colonel Selection Board, with the corrected record.

		Director
		Air Force Review Boards Agency

 

SAF/MR STAFF ACTION SHEET

SUBJECT: PACKAGE: AFBCMR Case of
	EXTERNAL CONTROL #:  	
	SAF/MR #:  	
	SAF/MR DUE DATE:  	
ROUTING SEQUENCE	ACTION REQUIRED	
	ASAF		MA		Signature	
	PD 		XO		Review/Coordinate	
	MRM		Copy To:		For Information Only.	
	MRE		MRB Atty		Other:______________
____________________	
	MRR					
	MRB					
BACKGROUND SUMMARY:  
Applicant was nonselected for promotion to the grade of colonel by the Calendar Year 2001B (CY01B) Colonel Selection Board.  When his record was considered by the CY01B selection board, the citation accompanying the award of the Defense Meritorious Service Medal (DMSM) was missing.  The applicant contends that this material administrative error negatively impacted his selection for promotion in that it incorrectly reflected his concern about the accuracy of his record.

(continued)

Purpose:  Obtain overturn of an AFBCMR recommendation.

View of DAS:  Given the competitiveness for promotion to colonel and the fact that the applicant exercised reasonable diligence to ensure his record was complete, the DAS believes the benefit of any doubt should be resolved in the applicant’s favor.

Recommendation:  ASAF sign the proposed memorandum.

Action Officer/Office:  Mr. Burton/AFBCMR/DSN 857-5380
Date of preparation:		DAS Signature/Date:_____________________________
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The Office of Primary Responsibility (OPR) concedes the citation was missing.  However, it notes that the selection board had the applicant’s entire record at its disposal, including the Officer Selection Brief (OSB) reflecting the DMSM (1OLC).  In fact, the accomplishments mentioned on the DMSM (1OLC) citation are also reflected on the applicant’s Officer Performance Report (OPR).  Finally, the discrepancy letter filed on top of his selection folder would have indicated to the promotion board there was a citation missing and the level of the decoration.  Thus, the OPR is not convinced that the missing citation contributed to the applicant’s promotion nonselection.  The AFBCMR panel agrees with the OPR and concludes that the missing citation was a harmless error.

Attachment:
Proposed Memorandum