RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00584
		INDEX CODE:  107.00, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2002B Central Major Selection Board be corrected to reflect the award of the Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1OLC), for the period 18 November 1999 to 2 July 2001 and he be considered for promotion to the grade of major by Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

The OSB that met the CY2002B Selection Board listed only his 1999 AFCM and did not list his 2002 AFCM, 1OLC.  This missing item on the OSB that met the selection board would very likely mislead the Board members in their evaluation of his promotion potential.

In support of the appeal, applicant submits a copy of his OSB dated 19 September 2002, a copy of his preselection briefs dated 27 June 2002 and 11 January 2003, copies of his AFCMs for the periods 12 December 1996 to 15 November 1999 and 18 November 1999 to 2 July 2001, and a statement relating his attempts to correct the preselection brief dated 13 February 2003.  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 captain.  His OPR profile since 1996 follows:

      PERIOD ENDING            EVALUATION OF POTENTIAL

       11 Dec 96               Education/Training Report
       10 Nov 97               Meets Standards (MS)
       26 Jul 98                      MS
       26 Jul 99                      MS
       26 Jul 00                      MS
        2 Jul 01                      MS
        2 Jul 02                      MS

Applicant was considered and not selected for promotion to the grade of major by the CY02B central major selection board, which convened on 3 October 2002.

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AIR FORCE EVALUATION:

AFPC/DPPPO states that a copy of the citation was filed in his Officer Selection Record (OSR) on 26 August 2002, about forty (40) days prior to convening of the CY02B board.  Central boards evaluate the entire OSR (including the promotion recommendation form, officer performance reports, officer effectiveness reports, training reports, letters of evaluation, decorations, and officer selection brief), assessing whole person factors such as job performance, professional qualities, depth and breadth of experience, leadership, and academic and professional military education.  Although the AFCM, 1OLC, was not reflected on the OSB, the citation was filed in his OSR for the board’s review.  The selection board had his entire OSR, including the AFCM, 1OLC citation, at their disposal during promotion consideration.  Since the board members had a copy of the citation to review and were aware of the level of the award, they do not support SSB consideration.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that in accordance with AFI 36-2501, paragraph 6.3.3, the AFBCMR may grant SSBs when they determine an officer’s nonselection for promotion resulted because of an error or injustice in the officer’s record.  Additionally, paragraph 2.11.1 identifies the OSB as an item of information included in an officer’s record that meets a promotion board.  The advisory letter readily admits the AFCM, 1OLC, was not reflected on the OSB.  Therefore, there can be no other conclusion than an error or injustice existed in his officer’s record that met the CY02B central major selection board.

The only remaining issue is whether his nonselection for promotion was a result of this error or injustice.  It is impossible for either he or AFPC/DPPPO to show, with direct evidence, what was in the minds of the board members at the time they scored his specific record.  Therefore, he provides the following circumstanial evidence to demonstrate that you may sufficiently determine that his nonselection for promotion was a result of the error in his record.

First, the “Instruction Sheet for Review of Preselection Brief” given to all officers meeting a promotion board states in its introductory paragraph, “Errors left uncorrected could have a negative effect on your promotion opportunity.”  He first notified his servicing MPF, Bolling AFB, of the corrections needed to his OPB in August 2002.  He notes that his servicing MPF is in Washington DC, while he is physically located in the Denver, CO area, thereby adding significant difficulty in getting these corrections made and verified.  Nevertheless, he discovered the error in his decoration was left uncorrected in February 2003.

Second, the uncorrected OSB indicates only a single AFCM decoration in 1999.  As he understands it, the OSB acts as a cover page to an officer’s record.  As such, it provides a first impression to the board member reviewing the record.  It is not a stretch of the imagination that an OSB, such as his, with a single decoration listed in comparison to other records having 2-4 (or more) decorations will certainly be expected to leave a significant negative first impression.  If this is combined with a record organized in a manner that places the decorations at the bottom (or end) of the record, it is certainly possible that the board member may never find, let alone consider, the weight of a contradictory document on the missing decoration.

Third, he notes, according to AFPC’s website, the promotion rate for the CY02B major’s board was 92.2%--a significantly high rate of promotion.  One may reasonably infer from this high rate of promotion that the nonselects were likely a result of something negative in their record, i.e., a disciplinary action, a referral OPR, lack of PME, etc.  His record has no such negative documentation - unless, of course, you take into account that his OSB indicates only one decoration over a period of 6 years of service.

Finally, AFI 36-2501, paragraph 2.1 states, “the fundamental purposes of the officer promotion program are to select officers through a fair and competitive selection process.”  One may reasonably infer from this language that it is the intent of the program to err on the side of fairness whenever a fact is in question.  His officer record with a significant error in the listing of decorations on the OSB unfairly competed against other officer records without such errors.  If the AFBCMR determines that (1) he was nonselected, (2) there was an error or injustice, and (3) this error or injustice was in his officer record, but is unable to factually determine whether his nonselection was a result of the error, he requests the Board err on the side of fairness and determine that the nonselection was a result of the error.  Such a finding would further the fundamental purposes of the officer promotion program.

If the Board takes all of the circumstances into account, the applicant requests the Board determines that his nonselection was a result of the significant error that his OSB indicated only a single AFCM decoration, instead of the additional AFCM, 1OLC, he was authorized.  Accordingly, he requests correction of this error and consideration by a Special Selection Board.

Applicant's complete response is attached 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 error or injustice.  The Air Force has indicated that the applicant's Officer Selection Brief (OSB) did not reflect the citation for the award of the Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1OLC) for the period 18 November 1999 to 2 July 2001.  It appears that the applicant made reasonable efforts to ensure that his record was correct when the selection board in question considered him for promotion.  There is no way of knowing for certain the impact the absence of this information may have had on the applicant’s promotion opportunity.  In view of the above and in an effort to remove any possibility of an injustice to the applicant, we recommend that his record, to include his corrected OSB reflecting the award of the contested award, be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY02B Central Major 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 a corrected Officer Selection Brief reflecting the award of the Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1OLC) for the period 18 November 1999 to 2 July 2001, be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY02B Central Major Selection Board.

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The following members of the Board considered this application in Executive Session on 28 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 in connection with BC-2003-00584:

   Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 18 Mar 03.
   Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
   Exhibit E.  Applicant's Response, dated 9 Apr 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00584
INDEX CODE:  107.00, 131.01

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, to include a corrected Officer Selection Brief reflecting the award of the Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1OLC) for the period 18 November 1999 to 2 July 2001, be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY02B Central Major Selection Board.

		
		Director
		Air Force Review Boards Agency