RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00301
		INDEX NUMBER:  131.00
XXXXXXXXXXXXXXXXXX	COUNSEL:  None

XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be considered for promotion to major by special selection board (SSB) for the Calendar Year 1997C (CY97C) Central Major Selection Board, with the information that he completed an advanced academic degree (AAD) thru the Air Force Institute of Technology (AFIT) in 1992, included in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

He completed the AAD in 1992 and ensured that AFIT and AFPC were aware.  However, when the board considered his records, there was no evidence that he had completed the degree.

The CY97C major promotion board masked data on advanced academic 

degrees.  He had understood that the masking of data for major promotion selection boards was to focus operators on their primary duties rather than working on a master’s degree.  As such, it was not obvious that the policy action would have negative implications for science and engineering officers who didn’t complete their degrees upon leaving AFIT.  Training reports (TRs) are not automatically accomplished on officers who complete their degrees after leaving AFIT.  Officers must request a TR as a result of having read AFI 36-2406 or having been counseled.  The TRs are dated when they are requested rather than when the AAD has been completed.  If AFIT had generated a TR when he turned in his final transcript, he would not have been affected by the AF policy change to mask AADs for the major promotion selection boards.

He does not believe that his military record is in error or unjust.  However, the AF promotion policy change altered his record for a promotion board and decreased his ability to compete with other officers for promotion.  He submitted his appeal to the Evaluation Reports Appeal Board (ERAB); however, since there are no records or reports to be corrected, they couldn’t grant him an SSB.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  His Total Active Federal Military Service Date (TAFMSD) is 15 Jun 86.  The applicant was considered, but not selected, for promotion to major in-the-primary zone by the CY97C major promotion selection board.  However, he was promoted above-the-promotion zone by the CY98B Central Major Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  Each officer eligible for promotion by the CY97C major promotion selection board received an officer preselection brief (OPB) 90-100 days prior to the central board convening date.  The OPB contains data that will appear on the officer selection brief (OSB) at the central board.  Each member is instructed to carefully examine the brief for accuracy and completeness and to take corrective action prior to the board, not after it.  The instructions, as well as AFI 36-2501, 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.”

Additionally, it should be noted that the only way to update degree completion is for the applicant to request that his official transcript be forwarded to AFIT from his educational institution; thereby requesting to have a TR filed in his record reflecting degree completion.  In addition to contacting AFIT, applicant could have elected to write a letter to the promotion board president identifying that he was awarded the degree and included copies of his transcript.  The applicant has not provided any evidence that he wrote such a letter or that he requested a final TR.  Therefore, they conclude that he did not exercise reasonable diligence to insure his records were accurate prior to the CY97C board.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, applicant indicates that he did receive an OPB, as indicated by AFPC/DPPPO, and carefully examined the brief for completeness and accuracy.  He found no errors.  Since the Air Force had decided to mask master’s degrees on the CY97C board, completion of his master’s degree was not included on the OPB.  Therefore, he could not report any errors or omissions.  Since his OPB did not contain any errors, it was not clear to him that he should have written a letter to the board identifying that he had been awarded the master’s degree.  He did send his transcript to AFIT in 1992 when he completed the degree in order to update his records both at AFIT and AFPC.  However, AFIT did not automatically complete a TR upon receipt of his transcript nor did they suggest or offer a final TR at that time.  He did not know that he could ask AFIT for a final TR report upon degree completion.

The applicant indicates that he would have had to make several assumptions to know to write the board president, e.g.:

	  a.  Although master’s degrees were masked, the board would take a critical look at completion of AFIT’s in-residence master’s degree.

	  b.  Based on TRs, the board would assume that he didn’t complete his master’s degree and downgrade his records.

Applicant also provides an explanation regarding the timeliness of his claim.  During his post-board briefings with AFPC and unit leadership, his AFIT degree situation was not identified as a non-promotion factor.  Although he was promoted to major on the next board, he did not feel that his AFIT degree situation was the driving factor in his first non-selection, so he did not feel it was appropriate to pursue an SSB.

In 2001, a colonel assigned to Air University (AU) with extensive experience in personnel reviewed his records and advised him to seek an SSB for his nonselection to major.  By this time, he had heard that non-completion of an AFIT degree was a very negative factor on promotion boards.  He states that in a discussion with a long time AU personnel specialist, he was told that the personnel specialist had feared that the AFIT degree problem would happen to some officer.  As a result, he filed an AF Form 948 request to AFPC, but was denied consideration of his request since he was not requesting a correction to an evaluation report.

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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  While the Board believes that the applicant could have exercised greater diligence in getting a training report accomplished and filed in his records, we also believe that the procedures in place to do this contributed to the lack of a report in the applicant’s records when he was considered for promotion by the CY97C promotion board.  Given the applicant’s selection for promotion above-the-promotion-zone by the CY98B promotion board, it appears that a case can be made that the absence of the training report may have adversely impacted his promotion opportunity.  As such, we believe that any doubt should be resolved in favor of the applicant.  Therefore, the Board recommends that the applicant’s records be corrected as indicated below.

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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 AF Form 475, Education/Training Report, reflecting that he was awarded a Masters Degree in Meteorology in December 1992, was signed by the evaluator on 1 Jun 97 rather than 9 Dec 97, and was accepted for file on 5 Jun 97.

It is further recommended that he be considered for promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year (CY) 1997C Central Major Selection Board with the corrected record.

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The following members of the Board considered Docket Number BC-2003-00301 in Executive Session on 21 May 2003, under the provisions of AFI 36-2603:

     Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 21 Jan 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 14 Mar 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
     Exhibit E.  Memorandum, Applicant, 7 Apr 03, w/atchs.

                                   
                                   Panel Chair

AFBCMR BC-2003-00301

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 XXXXX, XXX-XX-XXXX, be corrected to show that the AF Form 475, Education/Training Report, reflecting that he was awarded a Masters Degree in Meteorology in December 1992, was signed by the evaluator on 1 June 1997 rather than 9 December 1997, and was accepted for file on 5 June 1997.

	It is further directed that he be considered for promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year (CY) 1997C Central Major Selection Board with the corrected record.

		
		Director
		Air Force Review Boards Agency