RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03931
		INDEX CODE:  111.01

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The duty title on his Officer Performance Report (OPR), rendered for the period 17 May 01 through 16 May 02, be corrected to read “Bioenvironmental Engineering Flight Commander” rather than “Bioenvironmental Engineer”; and, that he be considered for promotion to the grade of lieutenant colonel by the next Lieutenant Colonel Selection Board in 2003.
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APPLICANT CONTENDS THAT:

The incorrect duty title on the contested OPR resulted in his nonselection for promotion to lieutenant colonel by the Biomedical Sciences Corps (BSC) Central Lieutenant Colonel Selection Board in 2002.

In support of his request, applicant submits copies of his OPRs closing 16 May 01 and 16 May 02, a MIL-PDS duty history report and electronic mail from the local military personnel flight (MPF).  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 15 Nov 81.  He was progressively promoted to the grade of major, effective and with a date of rank of 1 Apr 93.  The following is a resume of his OPR ratings subsequent to his promotion to that grade.

		Period Ending	Evaluation

		      31 Dec 93	Meets Standards (MS)
		       7 Jan 95	MS
		       7 Jan 96	MS
		#      7 Jan 97	MS
		##     7 Jan 98	MS
		       7 Jan 99	MS
		###    1 Sep 99	MS
		####  16 May 00	MS
		##### 16 May 01	MS
		      16 May 02	MS

*  Contested OPR

# Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY97D Central Lieutenant Colonel Board, which convened on 5 Nov 97.

## Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY98B Central Lieutenant Colonel Board, which convened on 1 Jun 98.

### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY99B Central Lieutenant Colonel Board, which convened on 30 Nov 99.

#### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY00A Central Lieutenant Colonel Board, which convened on 28 Nov 00.

##### Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY01B Central Lieutenant Colonel Board, which convened on 5 Nov 01.

Information extracted from the Military Personnel Data System reveals that, effective 1 May 01, the applicant’s duty title was “Bioenvironmental Engin Flt CC.”  Similar information is reflected on the applicant’s Officer Selection Brief (OSB), which was prepared for the (P0501B) CY01B Central Lieutenant Colonel Selection Board.

The applicant was relieved from active duty in the grade of major on 30 Nov 02 and retired, effective 1 Dec 02, under the provisions of AFI 36-3207 (sufficient service for retirement).  At the time of his retirement, he had completed a total of 21 years and 16 days of active service.
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AIR FORCE EVALUATION:

HQ AFPC/DPAMF2 recommends the requested duty title change on the contested OPR be denied.  DPAMF2 indicated that the applicant’s duty title on the contested OPR is not considered to be in error by the Chief, BSC Utilization and Education Branch.  DPAMF2 states that no evidence exists that would indicate the applicant was a Bioenvironmental Engineering Flight Commander between 17 May 01 and 16 May 02.  In addition, the applicant did not meet the 2002 BSC Lieutenant Colonel Selection Board.  In order to be eligible to meet this selection board, a DOS of 10 Feb 03 or later was required and the applicant’s date DOS was 30 Nov 02.  The HQ AFPC/DPAMF2 evaluation is at Exhibit C.

HQ AFPC/DPPPE recommends the requested duty title change on the contested OPR be denied based on the HQ AFPC/DPAMF2 evaluation.  The HQ AFPC/DPPPE evaluation is at Exhibit D.

HQ AFPC/DPPPO recommends the applicant’s request for promotion consideration by a 2003 BSC Central Lieutenant Colonel Selection Board be denied.  After researching their records, DPPPO found that the applicant did not meet the CY02B (P0502B) Central Lieutenant Colonel Selection Board.  To reiterate the board criteria for the P0502B board, an officer was required to have a DOS of 10 Feb 03, or later, to be considered for the P0502B board.  The applicant’s DOS was 30 Nov 02 and his retirement was effective 1 Dec 02.  According to the governing Air Force instruction, officers are not eligible for consideration by a selection board or for promotion if they are not on the Active Duty List (ADL).  Therefore, the applicant was not eligible to meet the P0502B board or any scheduled central lieutenant colonel selection boards thereafter.  DPPPO indicates that there are no Biomedical Sciences Corps (BSC) Central Lieutenant Colonel Selection Boards scheduled for 2003.  The HQ AFPC/DPPPO evaluation is at Exhibit E.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided evidence that he was a Bioenvironmental Engineering Flight Commander between 17 May 01 and 16 May 02.  The evidence consists of a copy of Special Order No. GAC-004, dated 7 Oct 02, awarding the applicant the Meritorious Service Medal, First Oak Leaf Cluster, (MSM 1OLC) for meritorious service, during the period 16 Sep 99 to 30 Nov 02, along with the citation to accompany the MSM 1OLC.  He asks that the Board approve his request to have his duty title changed on the report in question.  The applicant’s complete submission, with attachments, 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 warranting correction of the duty title on the contested OPR.  In this respect, we note that the requested duty title of “Bioenvironmental Engineering Flight Commander” is reflected on the citation accompanying the award of the MSM 1OLC during the period in question, as well as on the applicant’s P0501B Officer Selection Brief (OSB) and in the Military Personnel Data System (MilPDS).  In view of the above, we recommend that the applicant’s duty title on the contested report be corrected as indicated below.  Although we have recommended a change to the contested OPR, we note that the contested OPR was not a matter of record when he was considered for promotion to lieutenant colonel; therefore, SSB consideration is not an issue in this matter.  In addition, we note that the applicant did not meet the selection board criteria for promotion consideration by the CY02B (P0502B) Central Lieutenant Colonel Selection Board; therefore, he was ineligible to meet the P0502B selection board or any scheduled central lieutenant colonel selection boards thereafter.  Hence, his request for promotion consideration by a selection board in 2003 is a moot issue.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by deleting Section III, Item 1 (Duty Title), of the Field Grade Officer Performance Report, Air Force Form 707A, rendered for the period 17 May 2001 through 16 May 2002, and inserting in its place the duty title of “Bioenvironmental Engineering Flight Commander.”
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The following members of the Board considered this application in Executive Session on 29 Apr 03, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2002-03931.

   Exhibit A.  DD Form 149, dated 27 Nov 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAMF2, dated 20 Jan 03.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 7 Feb 03.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 3 Mar 03.
   Exhibit F.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit G.  Letter from Applicant, dated 3 Apr 03, w/atchs.

                                   

AFBCMR BC-2002-03931

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 by deleting Section III, Item 1 (Duty Title), of the Field Grade Officer Performance Report, Air Force Form 707A, rendered for the period 17 May 2001 through 16 May 2002, and inserting in its place the duty title of “Bioenvironmental Engineering Flight Commander.”