RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01657
		INDEX CODE:  131.00, 107.00

		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 (12 November 2002) Lieutenant Colonel Central Selection Board be corrected to reflect his correct past and present duty titles and the award of the Meritorious Service Medal, First Oak Leaf Cluster (MSM, 1OLC), for the period 15 December 1998 to 12 December 2001, and he be considered for promotion to the grade of colonel by Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

He did not receive his preselection brief so that he could verify his assignment history was correct.  The following items were in error when presented to the Lieutenant Colonel promotion board:

    a.  The duty history does not reflect the correct data for his position at the time of the promotion board.

    b.  The duty history does not reflect the correct data for his past positions.

    c.  The original submission of his MSM was lost sometime after September 2001.  The delay in the resubmission caused the decoration not to be included in his promotion record.

He believes the errors could represent detractors that contributed to his nonselection for promotion to lieutenant colonel.

In support of the appeal, applicant submits a personal statement and four e-mails.

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.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY02B and CY03A (12 November 2002 and 8 July 2003) Lieutenant Colonel Central Selection Boards.

Applicant’s Officer Performance Reports (OPRs) from 1991 through 2002 reflect meets standards on all performance factors.

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AIR FORCE EVALUATION:

AFPC/DPAO states that the applicant’s CY02 Lieutenant Colonel Selection Board Officer Selection Brief (OSB) had inaccurate duty history information, which has now been corrected.  They defer to AFPC/DPPPO for SSB consideration.  A complete copy of their evaluation, with attachment, is at Exhibit C.

AFPC/DPPPO states that they disagree with the applicant’s contention that his MSM, 1OLC, decoration was missing from his Officer Selection Record (OSR) when it met the CY02B board.  Although the period of the decoration was through 12 December 2001, the orders were not published until 19 February 2003.  Thus, his record did not contain the citation, nor was it reflected in the Military Personnel Data System (MilPDS).  AFI 36-2803, paragraph 3.1, states recommendations are entered into official channels within two years and awarded within three years of the act, achievement, or service performed.  For purposes of including this decoration in a board that convened on 12 November 2002, the decoration did not yet exist.  Additionally, AFI 36-2803, Table 3.1, note 5, directs forwarding citations and special orders within 30 days of the date the special orders are published.  As such, the special orders and citation were processed within the guidelines of the governing directive and neither was due for file until 19 March 2003.  The MSM, 1OLC, was not a matter of record at the time the CY02B board convened on 12 November 2002.

As to the applicant contending that the two top duty title entries on his OSB contained erroneous information, DPPPO states that when they retrieved his duty history information from the MilPDS, they found the duty title data has since been updated to reflect the following:  21 Sep 01, T12B3D, Flt Commander, WB, ACC, Operational Support, Sq, ----; and 20 Dec 01, C12B3D, Commander, AF, AIA, Info Warfare, Flt, ---.  They also noted that the correct duty titles are reflected on the corresponding 21 September 2001 and 1 July 2002 Officer Performance Reports (OPRs).

In reference to the applicant contending that he did not receive a preselection brief before the board, he was well aware of the instructions attached to it, having received them for both of his below-the-zone (BPZ) promotion boards.  The instructions state that it is the officer’s responsibility to ensure the accuracy of his records, and errors must be addressed in a timely manner.  The e-mails provided by the applicant, as proof of his attempts to correct his record, appear to reference actions taken in 2003 and they are dated 2003.  AFI 36-2501, paragraph 6.3.2.2, states, “Do not have an SSB if, by exercising reasonable diligence, the officer should have discovered the error or omission and could have taken corrective action before the originally scheduled board convened.”

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated his belief that the errors in his OSB could have represented detractors that contributed to his nonselection for promotion to lieutenant colonel.  The MSM, 1OLC should be backdated for inclusion in his CY02B OSR.  The Duty History on his OSB has been corrected and verified by AFPC/DPAOC.  He requests the information presented in this letter be grounds for supplemental consideration by an SSB for promotion to lieutenant colonel.

Applicant's complete response, with attachments, is at Exhibit F.

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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 Record (OSR) did not reflect the citation for the award of the Meritorious Service Medal, First Oak Leaf Cluster (MSM, 1OLC), for the period 15 December 1998 to 12 December 2001.  We are persuaded by the evidence provided that the applicant was recommended for the award in a timely manner and that the initial recommendation was lost.  Given the fact that the award was later approved and because the award was given in recognition of a three-year period of service that closed out almost one year before the selection board convened, we believe his records should be corrected to show that the cited MSM was awarded and accepted for file in his OSR prior to the time the CY 2002B selection board convened.  As to the applicant’s inaccurate duty history shown on his OSB seen by the selection board in question, the applicant states he did not receive an OPB for review.  The office of primary responsibility does not dispute this assertion but contends that the applicant should have been aware of the instructions that would have accompanied his OPB and, therefore, SSB consideration on this issue would be inappropriate.  We disagree.  It is undisputed that his duty history was inaccurate.  Even though the applicant did not receive an OPB for review, it appears he made reasonable efforts to ensure that his record was correct when the selection board in question considered him for promotion.  In view of the circumstances present in this case and the applicant’s geographic location, it is not surprising that he was unable to secure the required corrections to his record prior to the time the selection board in question convened.  At this juncture, there is no way of knowing for certain the impact the absence of the MSM and the inaccurate duty history may have had on the applicant’s promotion opportunity.  Nevertheless, in an effort to remove any possibility of an injustice to the applicant, we believe that his record should be corrected as indicated below and that corrected record should be placed before a Special Selection Board (SSB) for the Calendar Year 2002B Lieutenant Colonel Central Selection Board.

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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 on 10 November 2002, he was awarded the Meritorious Service Medal, First Oak Leaf Cluster (MSM, 1OLC), for service during the period 15 December 1998 to 12 December 2001, and the award was accepted for file in his Officer Selection Record (OSR) on or before 12 November 2002.

It is further recommended that his record, to include an Officer Selection Brief showing his accurate duty history of corrected duty titles, accurate AFSCs and levels, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2002B Lieutenant Colonel Central Selection Board.

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The following members of the Board considered this application in Executive Session on 25 September 2003, 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 BC-2003-01657:

   Exhibit A.  DD Form 149, dated 6 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAO, undated.
   Exhibit D.  Letter, AFPC/DPPPO, dated 13 Aug 03.
   Exhibit E.  Letter, SAF/MRBR, dated 22 Aug 03.
   Exhibit F.  Applicant's Response, dated 8 Sep 03, w/atchs.

                                   Panel Chair

AFBCMR BC-2003-01657
INDEX CODE:  131.00, 107.00

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, be corrected to show that on 10 November 2002, he was awarded the Meritorious Service Medal, First Oak Leaf Cluster (MSM, 1OLC), for service during the period 15 December 1998 to 12 December 2001, and the award was accepted for file in his Officer Selection Record (OSR) on or before 12 November 2002.

	It is further directed that his record, to include an Officer Selection Brief showing his accurate duty history of corrected duty titles, accurate AFSCs and levels, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2002B Lieutenant Colonel Central Selection Board.

						Director
						Air Force Review Boards Agency