RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC 2002-03774

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record, to include the citation to accompany the award of the Meritorious Service Medal (MSM) awarded for the period 8 December 1991 to 11 February 1999, be reconsidered for position vacancy (PV) promotion for the Fiscal Year 2003 (FY03) Line and Health Professions Lieutenant Colonel PV Selection Board.

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THE APPLICANT CONTENDS THAT:

At the time he was considered for PV promotion, the citation to accompany the award of the MSM was missing from his selection record.  Given the competitive nature of a promotion board, a missing citation is critical to the final determination by the Board.  Unfortunately, he was unable to accomplish an official records review prior to the board convening because he was activated on 21 September 2001 for a two-year period and has spent the majority of the past year overseas in support of the war on terrorism.

In support of the appeal, the applicant submits a copy of the MSM citation and a letter to the PV board.

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

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STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving on active duty in the grade of major.

The applicant was considered but not selected for PV promotion by the FY03 Line and Health Professions Lieutenant Colonel PV Selection Board, which convened on 24 June 2002.

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AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied and states, in part, that although the MSM was not present in the applicant’s records at the time of the board, it was listed on his Officer Selection Brief (OSB) and the board members were aware that he had been awarded the MSM.  Only the circumstances of the award were not available.  In addition to the MSM, two Air Medals, and two Air Force Commendation Medals were also listed on his OSB for a total of five decorations.

The ARPC/DPB evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that without the MSM citation in his selection folder, his entire record could not have been given full consideration.  The circumstances of the award are just as important, if not more so, than the actual award.  Although the advisory opinion indicates that the MSM was identified on his OSB, he was informed that many board members simply glance at he OSB and then score the record on the contents of the record.  The board members may not have given him credit for the MSM simply because it was annotated on his OSB.

The applicant’s complete response, with attachments, 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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting promotion consideration by a Special Review Board (SRB) for the FY03 Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board.  We note that at the time applicant was considered and not selected for PV promotion by the FY03 board, his Officer Selection Record (OSR) did not contain the citation to accompany the Meritorious Service Medal (MSM) awarded for the period 8 December 1991 to 11 February 1999.  While it cannot be conclusively determined whether the absence of the MSM citation was the sole reason for the applicant's nonselection for promotion by the FY03 board, we do believe that it served to deprive him of fair and equitable promotion consideration.  In view of this, and since the Reserve Officer Personnel Management Act does not provide ARPC the authority to hold Special Selection Boards (SSBs) for PV promotion boards, we recommend his records, to include the MSM citation, be considered for promotion to the Reserve grade of lieutenant colonel by an SRB for the FY03 Line and Health Professions Lieutenant Colonel Position Vacancy Selection 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 to accompany the Meritorious Service Medal awarded for the period 8 December 1991 to 11 February 1999, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); and his records be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2003 (FY03) Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board, and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be taken.

If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.

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The following members of the Board considered Docket Number BC-2002-03774 in Executive Session on 10 April 2003, 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 11 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 7 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 25 Jan 03, w/atchs.

AFBCMR BC-2002-03774

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, to include the citation to accompany the Meritorious Service Medal awarded for the period 8 December 1991 to 11 February 1999, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); and his records be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2003 (FY03) Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board, and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be taken.

	If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.