RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01767
		INDEX CODE 131.00
	 	COUNSEL:  

	 	HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded Special Selection Board (SSB) consideration for the Fiscal Year 1993 (FY93) Reduction-in-Force (RIF) board with the Officer Selection Brief (OSB) reflecting receipt of the Air Force Commendation Medal (AFCM), 1st Oak Leaf Cluster (1OLC), for the period 21 Dec 88 to 5 May 92, and a duty title of “Operations Officer” with an effective date of 15 Jun 92.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The award was originally for a Meritorious Service Medal (MSM) but was downgraded to the AFCM 1OLC due to numbered Air Force “anti-inflation” initiatives. His unit resubmitted the award but could not upgrade it in time for the RIF board.  The OSB did not reflect credit for all decorations and shows incorrect duty title information. His records do not show assumption of command and some achievements were not reflected in his evaluation reports or citations.

His former rater provides a supporting statement. The applicant’s complete submission, with attachments, is at Exhibit A. 

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was promoted to the grade of captain with a date of rank (DOR) of 14 Feb 90. He was awarded the first AFCM on 1 Mar 91 by Special Order GA-46.

On 10 Apr 92, the applicant’s rater recommended award of the MSM, but the time period was not specified on the indorsement form supplied by the applicant (Exhibit A). 

The FY93 RIF board convened on 20 Jul 92 and the applicant was not selected for retention. The applicant’s OSB reflects receipt of the basic AFCM, and his most recent duty assignment was “Shift Commander,” effective 22 Apr 92.  The Officer Performance Report (OPR) for the period 15 May 91 through 5 Apr 92 reflects a duty title of “Assistant Operations Officer.”

In the meantime, the requested MSM was apparently downgraded to the AFCM 1OLC. The applicant was awarded the AFCM 1OLC for the period 21 Dec 88 to 5 May 92 on 19 Oct 92 (after the RIF board) by Special Order GA-04.

An AF Form 2096, Classification/On-the-Job Training Action, dated 20 Aug 92 (after the RIF board), changed the applicant’s duty title from “Shift Commander” to “Operations Officer,” effective 15 Jun 92 (before the RIF board). 

The applicant was separated on 31 Dec 92 and transferred to the Inactive Ready Reserve.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPASB indicated they could not conclude whether the OSB provided by the applicant was inaccurate or printed prior to the effective dates of the award and duty titles. Based on the 5 Apr 92 OPR and the AF Form 2096, the duty title should have been “Operations Officer” effective 15 Jun 92.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO contends that since the duty title was not approved until after the RIF board convened, it was not reflected on the applicant’s OSB, nor was it a matter of record for the board. He did not provide any documentation demonstrating what actions he took to ensure the duty title change was approved and updated in the official personnel data system and subsequently on his OSB, prior to the convening of the board. The special order announcing the approval of the AFCM 1OLC was published after the RIF board convened and therefore did not exist at the time. Decorations are entered into official channels within two years and awarded within three years of the act, achievement or service performed. As such, the award was processed in a timely manner and would not have been filed in his record or reflected on the OSB. Denial is recommended.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 17 Oct 03 and to counsel on 1 Dec 03 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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 to warrant partial relief. We agree with the Air Force’s rationale regarding the AFCM 1OLC in that it did not exist until published by Special Order on 19 Oct 92, after the RIF board had convened. Further, the applicant has not shown that the award was wrongfully downgraded or was not processed within regulatory timeframes. Therefore, this portion of the applicant’s appeal should be denied. However, based on the effective date on the AF Form 2096, the applicant’s duty title was changed to “Operations Officer” before the RIF board convened and should have been reflected as such on the OSB. While we cannot determine with certainty whether this error resulted in the applicant’s nonselection for retention, we are concerned that he may have been deprived of full and fair consideration. Therefore, we recommend the applicant be afforded SSB consideration for the FY93 RIF board with the proper duty title on his OSB.  

_________________________________________________________________

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) reviewed by the Fiscal Year 1993 (FY93) Reduction-in-Force (RIF) Board was amended to reflect “Operations Officer, effective 15 June 1992” in the duty history section.

It is further recommended that his records, to include the above correction to his OSB, be considered by a Special Selection Board for the FY93 RIF Board.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 22 January 2004 under the provisions of AFI 36-2603:

All members voted to correct the records to the extent recommended. The following documentary evidence relating to AFBCMR Docket Number BC-2003-01767 was considered:

   Exhibit A.  DD Form 149, dated 21 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPASB, dated 9 Jul 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 6 Oct 03.
   Exhibit E.  Letters, SAF/MRBR, dated 17 Oct & 1 Dec 03.

                                   Panel Chair

AFBCMR BC-2003-01767

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 the Officer Selection Brief (OSB) reviewed by the Fiscal Year 1993 (FY93) Reduction-in-Force (RIF) Board was amended to reflect “Operations Officer, effective 15 June 1992” in the duty history section.

	It is further directed that his records, to include the above correction to his OSB, be considered by a Special Selection Board for the FY93 RIF Board.

                                                                          Director
                                                                          Air Force Review Boards Agency