RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03869
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1. His Officer Pre-Selection Brief (OPSB) for the CY01A Colonel Selection Board be corrected to reflect his correct duty history. 

2. His Officer Selection Record (OSR) prepared for the CY01A Colonel Selection Board be corrected to include award of the Meritorious Service Medal, Second Oak Leaf Cluster, (MSM, 2OLC) for the period 1 July 1998 to 9 July 2001 and that he receive Special Selection Board (SSB) consideration for promotion to the grade of colonel for the Calendar Year CY01A Selection Board.

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APPLICANT CONTENDS THAT:

Despite numerous efforts to correct the errors, at the time of the CY01A colonel promotion board, his records for overseas tours showed that he had a single tour to a classified location from August 1990 through July 2001.  He had a second overseas tour to Misawa AB, Japan from July 1998 through July 2001.  In addition, he was awarded an MSM at the end of his assignment in Misawa, but due to delays beyond his control, this was not posted to his records until after the promotion board.  He believes both errors may have negatively influenced his promotion consideration.

In support of his appeal, the applicant provided a copies of his Officer Pre-Selection Brief, dated 5 October 2001 and 12 October 2001, Officer Selection Brief (OSB) prepared on 19 October 2001 for the CY01A Colonel Promotion 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 extended active duty in the grade of lieutenant colonel, with a date of rank of 26 June 1996.  His Total Active Federal Military Service Date (TAFMSD) and Total Active Federal Commissioned Service Date (TAFCSD) are 22 February 1989.

Special Order GA-12, dated 2 January 2002, awarded the MSM 2OLC, to the applicant for service performed during the period 1 July 1998 to 9 July 2001.

At the time the CY01A Colonel Board convened (22 October 2001), the applicant’s Officer Selection Brief (OSB) did not reflect that he had an assignment to Misawa, Japan.  The OSB reflected an overseas assignment to a classified location from 14 August 1990 to 9 July 2001.  Among other awards shown, the OSB also reflected award of the MSM 1OLC (1998).  According to AFPC/DPAMF2 the applicant’s record has been corrected and reflects both overseas assignments. 

The applicant was selected above-the-promotion zone (APZ) to the grade of colonel by the CY02A (28 October 2002) colonel selection board.

OPR profile since 1995 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

			30 Jun 95              Meets Standards (MS)
			30 Jun 96              				(MS)
			30 Jun 97				(MS)
			30 Jun 98				(MS)
			30 Jun 99				(MS)
		      	30 Jun 00				(MS)
		      	30 Jun 01				(MS)
			30 Jun 02				(MS)

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AIR FORCE EVALUATION:

AFPC/DPAMF2 indicates that the applicant’s OSB did not contain a second overseas (OS) assignment to Misawa, Japan when the CY01A board met.  Applicant attempted to correct his record prior to the board by contacting the Military Personnel Flight (MPF) in person, by e-mail and phone calls.  Applicant states the MPF stated the problem could be related to migration to the new database (MilPDS) and therefore was the reason the OS assignment was previously on his record as shown on his Active Duty Officer Data Verification Brief dated 30 October 2002.  

The evaluation is at Exhibit C.

AFPC/DPPPO recommended approval of the request for SSB consideration with correct overseas duty history on applicant’s OSB.  However, they recommended denial of the request for SSB consideration with inclusion of the MSM, 2OLC.  They indicated that they disagree with the applicant’s contention that his MSM, 2OLC decoration was missing from his OSR when it met the CY01A board.  He included a copy of the citation and orders awarding him the MSM, 2OLC.  However, although the period of the decoration was through 9 July 2001, the orders were not published until 2 January 2002.  As directed in AFI 36-2803, paragraph 3.1, the applicant’s rating chain has up to two years to submit a recommendation for decoration after the service was performed.  For purposes of including this decoration in a board that convened on 22 October 2001, the decoration did not yet exist.  The decoration was not required to be updated in the military personnel data system, and on file in his record, until 2 February 2003.  The decoration was not a matter of record at the time the CY01A colonel board convened on 22 October 2001. 

The applicant contends his overseas duty history was not reflected on his OSB.  The applicant provided copies of his 5 October 2001 and 12 October 2001 Officer Preselection Briefs (OPBs) showing his progress in correcting some of the errors, and provided a letter from his Military Personnel Flight attesting to his attempts to correct his record prior to the board.  The applicant exercised due diligence in attempting to correct his record prior to the board.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 February 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 an error or injustice warranting partial relief with respect to his overseas history on the Officer Selection Brief (OSB) prepared for the CY01A Central Colonel Selection Board.   HQ AFPC/DPAMF2 indicates that the applicant’s record has been corrected to accurately reflect both of his overseas assignments.  AFPC/DPPPO indicates that the applicant exercised due diligence in attempting to correct his records prior to the CY01A board and recommends his records be corrected.  Therefore, the Board majority recommends the applicant’s records be corrected to the extent indicated below and he be provided Special Selection Board consideration for promotion to the grade of colonel by the CY01A board.

4.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request pertaining to the award of the Meritorious Service Medal, Second Oak Leaf Cluster, (MSM, 2OLC).  After thoroughly reviewing the evidence of record, and noting the applicant’s contentions, we are not persuaded that his records were incomplete at the time he was considered for promotion by the CY01A board.  We note that the special order awarding the MSM 2OLC was published after the CY01A board convened.  Although the applicant contends there were multiple administrative delays at Misawa which prevented the MSM 2OLC from being posted to his selection record before the selection board convened, we note that a decoration is not required to be filed in a member’s records until 60 days after the orders are published.  Furthermore, it does not appear that the decoration was processed in an untimely manner.  It is noted that in accordance with the governing instruction, the applicant’s rating chain has up to two years to submit a recommendation for decoration after the service was performed.  Absent a showing by his rating chain that it was their intent to have the award on file at the time the selection board convened, we find no compelling basis to recommend granting this portion of the requested relief.

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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 2001A Central Colonel Selection Board be amended in the overseas duty history section to reflect the following Inclusive Dates: 25 July 1998 to 19 May 2001, Location Misawa, Japan and “14 August 1990 to 31 March 1991, Location “Classified” and that he be considered for promotion to the grade of colonel by Special Selection Board for the CY01A and any subsequent boards for which the corrections were not a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03869 in Executive Session on 1 May 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended granting the applicant’s request that his OSB for the CY01A Colonel Board reflect his correct duty titles and he receive SSB consideration.  Mr. Sheuerman voted to deny applicant’s request and does not wish to submit a Minority Report.  All members voted to deny applicant’s request pertaining to the MSM 2OLC.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMF2, dated 16 December 2002, 
   Exhibit D.  Letter, AFPC/DPPPO, dated 29 January 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 21 February 2003.

			

AFBCMR BC-2002-03869

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 2001A Central Colonel Selection Board be amended in the overseas duty history section to reflect the following Inclusive Dates:  25 July 1998 to 19 May 2001, Location Misawa, Japan and “14 August 1990 to 31 March 1991, Location “Classified” and that he be considered for promotion to the grade of colonel by Special Selection Board for the CY01A and any subsequent boards for which the corrections were not a matter of record.