RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00015

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) be corrected to reflect the correct duty title, completion of the Joint Forces Staff College/JPME Phase II and he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board.
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APPLICANT CONTENDS THAT:

The OSB listing of the duty title as “Senior Intelligence Officer” from 1 July 1999 to 25 April 2001 is erroneous; he served DIA as the “Chief of Strategic Issues” throughout his assignment; his career assignment history did not accurately reflect a progressive advancement in responsibility from the Deputy Director of the Defense Language Institute to the Chief of Strategic Issues at DIA.  The OSB did not list his completion of the Joint Forces Staff College/JPME Phase II; if included and combined with his JDA tour of duty at DIA, his achievements and qualifications for 0-5 candidacy would be accurate and significantly enhanced. 

In support of his appeal, the applicant submitted a copy of his OSB, emails, a letter correcting his duty title, and DIA Form 209, Duty Assignment Memorandum. 

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 major.

The applicant’s request for SSB consideration based on erroneous duty title is untimely; however, the claim regarding his PME data was submitted in a timely manner.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY01B Central Lieutenant Colonel Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and time-bar the request regarding his duty title.  By law, an applicant must file a claim within three years of the date of discovery of the alleged error or injustice (10 U.S.C. 1552[b]).  Clearly, the alleged error was discoverable when it occurred.  While they would normally recommend the application merely be denied as untimely, they are aware the AFBCMR must adhere to the decision in the case of Detweiler v. Pena, 38F.3d591 (D.C. Cir 1994), which prevents application of the statute’s time-bar if the applicant files while still on active duty.  The test to be applied is not whether the applicant discovered the error within three years, but whether, through due diligence, they were discoverable (see OpJAGAF 1988/56, 28 Sep 88, and the cases cited therein).

However, each officer eligible for promotion receives an officer preselection brief (OPB) 90-100 days prior to the central board convening date.  The OPB contains data that will appear on the OSB at the central board.  Written instructions attached to the OPB and given to the officer before the central selection board specifically instruct him to carefully examine the brief for completeness and accuracy.  If any errors are found, he must take corrective action prior to the selection board, not after it.  The instructions specifically state, Officers will not be considered by a Special Selection Board if, in exercising reasonable diligence, the officer should have discovered the error or omission in his/her records and could have taken timely corrective action.”  The applicant provided documentation demonstrating his attempts to correct his duty title prior to the board; however, did not follow up to insure his OSB had been updated correctly.  Furthermore, written instructions attached to the OPB explained the opportunity of communicating with the board president by writing a letter to the board as well.  The applicant could have used these means to inform the board president of the correct duty history.  They have verified that he elected not to exercise this entitlement.

Although the 1 July 1999 duty title data was incorrect on the OSB, it was correctly reflected on the applicant’s corresponding Officer Performance Report (OPR).  As such, they believe the board was able to distinguish the difference between the information on the OSB, and the information reflected on the OPR.

Additionally, while it may be argued that the incorrect duty title was a factor in the applicant’s nonselection, there is not clear evidence that this data negatively impacted his promotion opportunity.  Central boards evaluate the entire officer selection record assessing whole person factors such as job performance, professional qualities, depth and breadth of experience, leadership, and academic and professional military education.  They are not convinced the administrative error in the duty title contributed to the applicant’s promotion nonselection.

AFPC/DPPPO complete evaluation is at Exhibit C. 

AFPC/DPAO deferred to AFPC/DPPPO for Special Selection Board consideration. 

AFPC/DPAO complete evaluation is at Exhibit D.

AFPC/DPAPD reviewed the officer’s records and have determined that the officer’s OSB did in fact accurately reflect all the required joint data fields for joint promotion consideration.  Furthermore, as with all joint officers who have completed JPME II, the officer’s training report was included in his records thus clearly available to promotion board.  

The Instruction Sheet for Review of Preselection Briefs clearly explains the type of data populated in the “Professional Military Education” field of the OPB/OSB.  Only those military education courses listed in AFI 36-2301, Professional Military Education, appear in this area of the OPB/OSB (i.e., SOS or equivalent for major eligibles).  Additionally, the instruction sheet further states, “…completion of JPME Phase II (JFSC-resident 12 week TDY) will not be reflected on the OSB, which the board actually reviews.”  Rationale: Joint Forces Staff College is an assignment-related course, not PME per se.  In lieu of this data being populated in the PME field of the OSB, a training report documenting attendance is included along with the OPRs.

AFPC/DPAPD complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and stated that he has a long record of dedicated uniformed service.  Furthermore, he has multiple AFSC’s and substantial “hard target” intelligence skills, training and experiences.  He is a PME Phase II graduate, and he received the Defense Meritorious Service Medal four times during his 15 years of commissioned duty.  In short, he has great potential and enthusiasm for future service, and he respectfully requests a full, fair and objective consideration of his suitability for promotion to lieutenant colonel through SSB review.

Applicant’s complete response 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 an error or injustice.  After reviewing the complete case file, to include statements from his rating chain, we noted that the applicant’s Officer Selection Brief (OSB) did not reflect his correct duty title as Chief of Strategic Issues.  Whether this information was sufficiently significant to alter the results of the CY01B Lieutenant Colonel Central Selection Board is a question we are unable to answer on the basis of the evidence presented here.  Nevertheless, we believe that the applicant was improperly disadvantaged because of the absence of the data that should have been reflected on his OSB prepared for the CY01B selection board.  Accordingly, in an effort to remove any possibility of an injustice to the applicant, we recommend that his record be corrected as indicated below.  His request pertaining to his completion of the Joint Forces Staff College/JPME Phase II course was considered, however, it appears that it is documented on a training report and not in the Professional Military Education field of the OSB. 

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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 (OSB) prepared for the Calendar Year 2001B Lieutenant Colonel Selection Board be amended to reflect a duty title of “Chief of Strategic Issues”, effective 1 July 1999.

It is further recommended that his records, as amended, be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the CY01B Lieutenant Colonel Central Selection Board.

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The following members of the Board considered Docket Number BC-2003-00015 in Executive Session on 15 July 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 30 Dec 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPO, dated 26 Mar 03.
	Exhibit D.	Letter, AFPC/DPAO, dated 10 Feb 03.
	Exhibit E.	Letter, AFPC/DPAPD, dated 20 Feb 03
	Exhibit F.	Letter, SAF/MRBR, dated 4 Apr 03.
	Exhibit G.	Applicant’s Response, 30 Apr 03. 

		

AFBCMR BC-2003-00015

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 Officer Selection Brief (OSB) prepared for the Calendar Year 2001B Lieutenant Colonel Selection Board be amended to reflect a duty title of “Chief of Strategic Issues”, effective 1 July 1999.

	     It is further directed that his records, as amended, be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2001B Lieutenant Colonel Central Selection Board.