RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03645
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) for the Calendar Year 2000A (CY00A) Lieutenant Colonel Selection Board be corrected to reflect his correct duty history and that he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the CY00A Selection Board.

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APPLICANT CONTENDS THAT:

His Officer Performance Report (OPR) closing 22 July 2000 was not entered into his records until just before the CY00A board convened on 28 November 2000, almost 120 days late.  His records were incomplete during the Management Level Review process.

Prior to the CY00A board two promotion recommendation forms (PRFs) were written.  The first PRF was replaced with a second one, which contained the missing data from his 22 July 2000 OPR.  He also contends that his duty history on his OSB was inaccurate.

In support of his appeal, the applicant provided AF Form 707A (Field Grade Officer Performance Report) for the period 23 July 1999 to 22 July 2000, AF Form 709 (Promotion Recommendation) for the P0500A Board, 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 active duty in the grade of major.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY00A (28 November 2000), CY01B (5 November 2001), and the CY02B (12 November 2002) Lieutenant Colonel Selection Boards.

OPR profile since 1995 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

		 	15 Dec 95              Meet Standards (MS)
			14 Dec 96				(MS)
			 1 Sep 97				(MS)
			 6 Apr 98				(MS)
		    	22 Jul 99	Training Report (TR)
		  * #	22 Jul 00				(MS)
		   ##	30 Jun 01				(MS)
		  ###	30 Jun 02              				(MS)

*Contested Report
#Top Report for the CY00A Board
## Top Report for the CY01B Board
### Top Report for the CY02B Board

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AIR FORCE EVALUATION:

AFPC/DPASC indicated that the applicant’s selection brief had two duty titles missing from his duty history.  From 15 December 1995 to 14 December 1996 he performed duties as Chief, Contingency Exec Planning.  This duty title was not on his selection brief.  From 15 December 1996 to 1 September 1997 he performed duties as Chief, Contingency Exercise Branch.  This duty title was not on his selection brief.  He started duties as Chief, Foreign Military Sales, (23 July 2000) but this information was not included on his selection brief.  All other duty history for his selection brief was correct at the time he met the board.

The evaluation is at Exhibit C.

AFPC/DPPPE recommended denial.  They indicated that it is unclear as to what the applicant is requesting; however, it is clear that he is contesting the timeliness of his 22 July 2000 OPR getting filed to his record.  Additionally, the applicant alleges that his P0500A PRF was written without considering the data within his 22 July 2000 OPR.  The applicant’s 22 July 2000 OPR was late to file but was filed prior to the CSB.  The applicant does not have senior rater or MLR president’s concurrence as required to change the PRF.  He did not provide a new PRF with a recommendation marked and supported by his senior rater or MLR president, and/or documentation stating that the senior rater or MLR president would or would not support these allegations.  The applicant did have a revised PRF that was reviewed by the central selection containing comments from the July 2000 OPR.

The evaluation is at Exhibit D.

AFPC/DPPPO recommended denial.  They indicated that AFPC/DPAS reviewed the applicant’s duty history contentions and concurred that his 16 January 1996, 1 September 1997, and his 23 July 2000 duty titles were missing from his OSB.  The Military Personnel Data System (MilPDS) has been updated to reflect the correct duty history entries.  Each officer eligible for promotion consideration by the CY00A board received an officer preselection brief (OPB) 90-100 days prior to the board convening in November 2000.  The OPB the officer receives before the board contains the same data that will appear on the OSB at the central board.  The applicant did not show where he exercised use of due diligence to discover the errors prior to 28 November 2000.  Furthermore, written instructions attached to the OPB explained the opportunity of communicating with the board president by writing a letter to the board.  The applicant could have used this means to inform the board president of changes in his duty history.  They have verified he elected not to exercise either entitlement.  It may be argued that the missing duty history entries were a factor in the applicant’s nonselection; however, there is not clear evidence that this data negatively impacted his promotion opportunity.

The evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provided a response that is at Exhibit G.

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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 to warrant providing the applicant consideration by a Special Selection Board for the Calendar Year 2000A (CY00A) Central Lieutenant Colonel board, with an Officer Selection Brief (OSB) reflecting his correct duty history.  The Air Force has determined that the applicant’s duty history was incorrect when he met the CY00A selection board and it has since been corrected.  While it cannot be conclusively determined whether or not the incorrect duty history was the reason for his nonselection for promotion by the CY00A board, the Board majority believes that it served to deprive him of fair and equitable consideration.  Therefore, the majority recommends his record, to include an OSB reflecting his correct duty history, be considered for promotion by SSB for the CY00A lieutenant colonel board.

4.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding any corrective action concerning the OPR closing 22 July 2000 and the PRF prepared for the CY00A board.  The applicant appears to be contending that he was not given full and fair consideration for a definitely promote promotion consideration because the contested OPR was not filed in a timely manner.  The Board notes that in accordance to the governing AFI, the OPR was filed late, but it was on file at the time of the CY00A lieutenant colonel board.  Therefore, the OPR was available for review by the selection board.  Regarding the PRF, the applicant did not submit any supporting documents from either the senior rater or the MLR board president that the contested report was not reviewed during the MLR process, nor does he provide a reaccomplished PRF with an upgraded recommendation.  The board majority finds no basis upon which to make any corrective action with regard to the contested PRF.

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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 Officer Selection Brief prepared for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, be amended under the Assignment History section to reflect Level “CM,” MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief, Contingency Exercise Planning,” effective 15 December 1995; Level “CM,” MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief, Contingency and Exercise Branch,” effective 15 December 1996; and Level “DJ,” MAJCOM “ZPA,” Organization “AFELM JUSMAGTHAI Thailand,” and Duty Title “Chief, Foreign Military Sales,” effective 23 July 2000.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board with inclusion of the corrected OSB and any subsequent boards in which the corrections were not a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03645 in Executive Session on 1 May 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records, as recommended. Mr.XXXX voted to deny the application and does not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAS, dated 17 December 2002, 
               w/atchs.
   Exhibit D.  Letter, AFPC/DPPPE, dated 17 January 2003.
   Exhibit E.  Letter, AFPC/DPPPO, dated 28 February 2003.
   Exhibit F.  Letter, SAF/MRBR, dated 21 March 2003.
   Exhibit G.  Letter, Applicant, dated 3 April 2003.

			

AFBCMR BC-2002-03645

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 Officer Selection Brief prepared for the Calendar Year 2000A Central Lieutenant Colonel Selection Board, be amended under the Assignment History section to reflect Level “CM,” MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief, Contingency Exercise Planning,” effective 15 December 1995; Level “CM,” MAJCOM “PAF,” Organization “PACAF Hickam,” and Duty Title “Chief, Contingency and Exercise Branch,” effective 15 December 1996; and Level “DJ,” MAJCOM “ZPA,” Organization “AFELM JUSMAGTHAI Thailand,” and Duty Title “Chief, Foreign Military Sales,” effective 23 July 2000.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board with inclusion of the corrected OSB and any subsequent boards in which the corrections were not a matter of record.