RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02981

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2001B (CY01B) Central Lieutenant Colonel Selection Board be amended in the “Assignment History” section to reflect his level of assignment as the Department of the Defense (DOD) Joint (DD/J) level, rather than Wing/Base (W/B) level, with an effective date of 10 Jun 96.

He be given Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel by the CY01B Central Lieutenant Colonel Selection Board with his corrected record.

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APPLICANT CONTENDS THAT:

Joint Squadron Command for a company grade officer is rare.  All services competed for the command at the Joint Communications Support Element (JCSE).  Showing the job as a Wing/Base level position vice a DOD Joint level position does not project the prominence of the title and job.  He feels that if the board members had seen the job as DOD Joint level, they would have understood the significance and his record would have been more competitive.

In support of his appeal, the applicant provided letters of support from his senior rater and the former Joint Communications Support Element (JCSE) commander, and copies of his CY02B officer preselection brief (OPB) and duty qualification history brief.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of major, having been promoted to that grade on 1 Mar 98.  His Total Active Federal Military Service Date (TAFMSD) is 20 Jun 85.

Applicant's Officer Performance Report (OPR) profile since 1991 follows:

	PERIOD ENDING	EVALUATION

	28 Apr 91	Meets Standards
	28 Apr 92	Meets Standards
	 2 Dec 92	Meets Standards
	 2 Dec 93	Meets Standards
	 2 Dec 94	Meets Standards
	 1 Nov 95	Meets Standards
	 1 Nov 96	Meets Standards
	26 Sep 97	Meets Standards
	22 May 98	Meets Standards
	29 Jun 99	Training Report
	17 Dec 99	Training Report
  #	17 Dec 00	Meets Standards
	17 Dec 01	Meets Standards

# Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY01B Lieutenant Colonel Board.

Applicant was considered and selected for promotion to the grade of lieutenant colonel by the CY02B Lieutenant Colonel Board.

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AIR FORCE EVALUATION:

AFPC/DPASC indicated a review of the applicant’s OSB showed that he was correct in his assertion that the OSB reflected the inappropriate duty level history.  The correct information has been updated in the personnel data system.

A complete copy of the AFPC/DPASC evaluation is at Exhibit C.

AFPC/DPPPO recommended denial indicating that there was no clear evidence that the incorrect level of assignment negatively impacted the applicant’s promotion opportunity.  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.  The selection board had his entire officer selection record that clearly outlined his accomplishments since the date he came on active duty.  They were not convinced the incorrect level of assignment caused the applicant’s nonselection.  In addition, the previous duty entry was correct and accurately reflected the level of assignment as “DD/J.”  AFPC/DPPPO stated it was apparent by looking at the OSB that this was nothing more than an administrative error.  His OPRs also indicated in the Mission Description that he was assigned to a “joint tactical communications unit."  Therefore, they were opposed to the applicant receiving SSB consideration on this issue.

According to AFPC/DPPPO, eligible officers are also provided the opportunity to correspond by letter with their board to address any matter of record concerning themselves that they believe are important to their consideration.  If the applicant believed his duty history was relevant to the process, he could have provided this information by letter to the board.  They have verified the applicant elected not to exercise this entitlement.

AFPC/DPPPO noted that AFI 36-2501, paragraph 6.3.2.2, specifically states, “Do not have an SSB if, by exercising reasonable diligence, the officer should have discovered the error or omission and could have taken corrective action before the originally scheduled board convened.”  In their view, the applicant has not provided proof that he “exercised reasonable diligence” to correct this error prior to his promotion board.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that the instructions were not clear when was the proper time for presenting the case that he exercised reasonable diligence to correct the error in his records.  When he noticed the discrepancy in his record, he attempted to have the correction completed some time near the end of Aug 02.  He could not recall the exact day, as he was not worried that there would be a problem with changing his record and trusted the system to take care of the situation.  Nevertheless, he intended to check his records a few days later but because of 11 Sep 01, his focus was consumed with the planning and execution of Operation ENDURING FREEDOM.

The applicant stated that while there was no clear evidence that the incorrect level of assignment negatively impacted his promotion opportunity, it was equally clear that it did.  He understood what the board members had presented to them, but it was inconceivable that every board member would review completely each and every record from cover to cover.  Also, to say that the previous level of assignment which reflected DOD Joint level would lead the board to conclude that his joint command was the same was another unsubstantiated assumption.  His request is simply to get the chance to see how he stands with a corrected record in comparison with his peers.

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.  After reviewing the evidence presented, we are sufficiently persuaded that the applicant may not have been fairly and equitably considered for promotion by the CY01B Lieutenant Colonel Board because his duty history erroneously reflected his level of assignment.  We note that AFPC/DPAPSC has indicated the applicant's duty history has been updated to reflect the correct information.  Although it cannot be conclusively determined what impact the proper level of assignment on the OSB may have had on the applicant’s promotion opportunity, we believe that, given the particulars of this case, any doubt should be resolved in his favor.  Therefore, we recommend that the applicant's records be corrected as set forth below, and he be provided SSB consideration with his corrected records.

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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 his Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2001B Central Lieutenant Colonel Selection Board be amended in the “Assignment History” section to reflect his level of assignment as "DD/J," rather than "W/B," with an effective date of 10 Jun 96.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2001B Central Lieutenant Colonel Selection Board with the corrected OSB.

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The following members of the Board considered AFBCMR Docket Number 02-02981 in Executive Session on 25 Mar 03, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAS, dated 13 Oct 02.
     Exhibit D.  Letter, AFPC/DPPPO, dated 30 Nov 02.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Dec 02.
     Exhibit F.  Letter, applicant, dated 10 Jan 03.

                                   

AFBCMR 02-02981

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 his Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2001B (CY01B) Central Lieutenant Colonel Selection Board be amended in the “Assignment History” section to reflect his level of assignment as "DD/J," rather than "W/B," with an effective date of 10 Jun 96.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2001B Central Lieutenant Colonel Selection Board with the corrected OSB.