RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01381
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) for the Calendar Year 2002B (CY02B) Lieutenant Colonel Selection Board be corrected to include the citation for the Defense Meritorious Service Medal (DMSM), for the period July 1998 to July 2000 and that he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the CY02B Selection Board.

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APPLICANT CONTENDS THAT:

The citation for the DMSM was omitted from his record during the CY02B lieutenant colonel board despite his diligent efforts to correct the omission.  The omission of the DMSM citation was a legal and material error because the board did not consider material information available in compliance with pertinent Air Force directives and policies.

In support of his appeal, the applicant provided a personal statement, Officer Pre-Selection Brief, dated 26 June 2002, the citation accompanying the award of the DMSM for the period July 1998 to July 2000, 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 major effective and with a date of rank (DOR) of 1 March 1999.

The citation for the Defense Meritorious Service Medal (DMSM) for the period July 1998 to July 2000 was filed (8 November 2002) in the applicant’s OSR before the CY02B board.
The Officer Selection Brief (OSB) prepared for the CY02B Selection Board reflected award of the DMSM.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY02B (12 November 2002) Central Lieutenant Colonel Selection Board.

OPR profile since 1996 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

			 6 Mar 96		Meets Standards(MS)
			 6 Mar 97				(MS)
			 6 Mar 98				(MS)
			 6 Mar 99				(MS)
			 6 Mar 00				(MS)
			31 Jul 00				(MS)
			24 Jul 01		Training Report (TR)
			31 Jul 02				(MS)

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated that the applicant contends his DMSM citation was not in his OSR when his record met the CY02B board.  They disagree.  In researching his request to include the alleged missing citation, they found a copy of the citation, date stamped 8 November 2002, in his OSR.  The date stamp on each document filed in the OSR reflects the date the document was filed and became an official matter of record.  Also, as evidence that the citation was on file for the CY02B board, they found that the sequence number on the right-hand corner of the citation matched the sequence number on his OSB, indicating that the citation met the CY02B board.  Therefore, since the DMSM citation was in his OSR when the board convened, SSB consideration is not warranted.  

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that AFPC/DPPPO indicates two reasons to support its recommendation of denial (the date stamp on the citation reflects the date it was filed and became a matter of record and the sequence number on the citation by itself indicates that the citation was in his OSR at the time the board met).  AFPC has not provided any reliable evidence to show that the DMSM citation actually was filed in his OSR before the board.  The date stamp is not reliable, conclusive or convincing.  AFPC did not cite any instruction or procedure to support the idea that a date stamp has any particular meaning or significance.  Nothing in AFI 36-2608 (Military Personnel Records System) places any significance on a date stamp.  The sequence number (030066) is less reliable than the date stamp.  Again, DPPPO did not cite any instruction or procedure designating any significance to the notation of a sequence number on a document.  They have not provided any explanation of what a sequence number means or its purpose.  

The irregularities in the processing of the citation and OSR are crystal clear, and any doubt on this matter must be resolved in his favor.  He followed the instructions he was given when he attempted to add the citation to his OSR.  After the board results were publicized, he made a request for his As Met Record, and the routine response disclosed that the DMSM citation was not in his OSR when it met the board.  These facts are the most reliable indicators of whether the citation was in his OSR and the only reasonable conclusion is that it was not.  The integrity of the promotion system demands that any error or doubt be resolved in his favor.

Applicant’s 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends that the citation for the DMSM was omitted from his Officer Selection Record (OSR) for the CY02B Central Lieutenant Colonel Selection Board despite his diligent efforts to correct the omission; and, therefore, this omission was a legal and material error because the board did not consider material information available in compliance with pertinent Air Force directives and policies.  However, after reviewing the evidence of record, to include his official officer selection record, we are not persuaded that the applicant’s record was incomplete at the time it was considered by the CY02B lieutenant colonel selection board.  In this respect, we note the citation for the DMSM filed in the OSR is date stamped 8 November 2002 and the board convened on 12 November 2002, therefore, we are persuaded the citation was in his record when it was considered by the board; and as such, the board members were aware of the citation for the period July 1998 to July 2000.  As noted by the Air Force office of primary responsibility, the date stamp on each document filed in the OSR reflects the date the document was filed and became an official matter of record.  In addition, we note the citation also contains the sequence number assigned to the applicant’s file which matches the officer selection brief.  Therefore, on the basis of evidence presented, we are not persuaded that the applicant has established that the citation was missing from his records when it was considered by the CY02B selection board.  In view of the foregoing and in the absence of evidence to the contrary, we find no compelling basis upon which to recommend granting the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01381 in Executive Session on 30 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 April 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 28 May 2003, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 June 2003.
   Exhibit E.  Letter, Applicant, dated 3 July 2003, w/atch.