RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03278
		INDEX CODE:  100.05, 131.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2001B (CY01B), lieutenant colonel selection board.

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APPLICANT CONTENDS THAT:

She hand-carried a copy of her Meritorious Service Medal (MSM), first oak leaf cluster (1OLC) to AFPC for inclusion in her selection folder.  However, the MSM was not updated in her record prior to the board.  In addition, applicant states that her Air Force Specialty Code (AFSC) was not updated as requested via an Air Force 2096, Classification/on-the-Job Training Action which she submitted in August 2001.  The correct AFSC would have provided a much better reflection of her current duties and responsibilities than the AFSC listed on the selection brief.

In support of her request, applicant provided a copy of her MSM, AF Form 2096, and a copy of her Officer Selection Brief (OSB).  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that applicant was appointed a second lieutenant, Reserve of the Air Force, on 15 May 83.  She was voluntarily ordered to extended active duty on 27 Jul 83.  She has been progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Oct 94.  She currently has a projected date of separation of 31 Jul 03.  

She was considered and not selected for promotion to the grade of lieutenant colonel by the CY99B (30 Nov 99), CY00A (28 Nov 00), and the CY01B (5 Nov 01) lieutenant colonel selection boards.  Applicant's DAFSC during her three considerations for promotion was 46N3.  The personnel data system currently reflects her DAFSC as 46N4, with an effective date of 29 Jan 02.  

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states that although the period of the decoration was through 1 Sep 01, the orders were not published until 16 Oct 01.  AFI 36-2803 directs forwarding citations and special orders within 30 days of the date the special orders are published.  The medal was not required to be updated in the personnel data system and on file in her record, until 16 Nov 01.  As such, the MSM was not a matter of record at the time the board convened on 5 Nov 01.  A copy of the citation was provided for inclusion in the applicant's Officer Selection Record on 10 Jan 03.  The DPPPO evaluation is at Exhibit C.

AFPC/DPAMN recommends denial.  DPAMN states that the applicant provided a copy of an AF Form 2096 requesting a change of her duty AFSC (DAFSC) from 46N3 to reflect 46A3 effective either 5 Nov 01 or 30 Aug 01 (the form has been altered by someone).  Following her second nonselection for promotion the applicant submitted an AF Form 2096 in an attempt to change her DAFSC.  She kept the same duty title, Deputy Squadron Commander.  The DAFSC did not change in the personnel data system as a result of the 2096.  Her top three Officer Performance Reports (OPRs) carried the duty title of Deputy Squadron Commander and DAFSC of 46N3.  Consistent with the guidance of the AF Surgeon General's policy letter dated 13 May 99, a member should not hold the Deputy Squadron Commander position, unless the member also holds the position of the functional advisor.  In this case, in order to hold the Deputy Squadron Commander role she would also have to be dual-hatted as the Group Chief Nurse.  There is no indication in her record that she was the Group Chief Nurse during the time period in question, thus she was not qualified to hold the duty title of Deputy Squadron Commander.  It cannot be validated that the correct DAFSC for the authorized duty title is 46A3.  According to the same policy letter, the correct duty title for someone acting as the #2 in a squadron, unless the member is the functional advisor for the Group will be "Operations Officer," if that job occupies more that 50 percent of the member's time.  Otherwise, the duty title would be "Readiness Training Flight Commander" with an additional duty title as Operations Officer.  There is no specification that either the Operations Officer or the Flight Commander duty title at Wilford Hall entitles a member to a DAFSC of 46A3.  So there is no assurance that she would have been awarded a 46A3 DAFSC.  The manpower person during the time period states that he was aware that the applicant was never awarded the 46A3 DAFSC.  The DPAMN evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 31 Jan 03 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 that would warrant some relief.  In this respect, we believe that her record was incomplete at the time she was considered for promotion by the CY01B lieutenant colonel selection board although it appears that she made every reasonable effort to ensure her record was accurate.  Applicant states that she hand-carried a copy of her MSM for inclusion in her selection record prior to the convening of the board; however, through no fault of her own, the MSM was not included in the selection process.  Whether or not this information was significant enough to alter the results of the CY01B selection board is a question we are unable to answer based on the evidence presented.  Nevertheless, we believe that the applicant was improperly disadvantaged because of the absence of the MSM, which contained information the selection board members could have considered significant.  Accordingly, in order to resolve any potential injustice to the applicant, we believe that any doubt should be resolved in her favor and that her record should be corrected as indicated below.

4.  With respect to her request that her Officer Selection Brief (OSB) be corrected to reflect her AFSC as 46A3 rather than 46N3, we thoroughly reviewed the evidence provided and are not persuaded that at the time the selection board convened, she met the established criteria for award of AFSC 46A3.  In addition, we note that the personnel data system, to date, does not reflect that she has been awarded the 46A3 AFSC.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as basis for our conclusion that she has not been the victim of an error of injustice regarding this matter.

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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 citation to accompany award of the Meritorious Service Medal, first oak leaf cluster, was accepted for file in her Officer Selection Record on or before 4 November 2001.

It is further recommended that she 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, which convened on 5 November 2001.

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The following members of the Board considered Docket Number BC-2002-03278 in Executive Session on 6 May 03, under the provisions of AFI 36‑2603:

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

    Exhibit A.  DD Form 149, dated 7 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 22 Jan 03.
    Exhibit D.  Letter, AFPC/DPAMN, not dated.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.

					

AFBCMR BC-2002-03278

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 APPLICANT, be corrected to show that the citation to accompany award of the Meritorious Service Medal, first oak leaf cluster, was accepted for file in her Officer Selection Record on or before 4 November 2001.

	It is further directed that she 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, which convened on 5 November 2001.