RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01422

		INDEX CODE:  131.00, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY03A (P0503A) Lieutenant Colonel Central Selection Board, with inclusion of his Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC), awarded for the period 27 January 1993 to 19 July 1995, in his Officer Selection Record (OSR) and annotated on his Officer Selection Brief (OSB).
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APPLICANT CONTENDS THAT:

His AFCM (1OLC), approved in 1995, should have been reflected on his OSB and the citation filed in his OSR when his record met the P0503A selection board.  After several attempts to have his record updated, the AFCM (1OLC) was finally updated in his record at the local Military Personnel Flight (MPF).

In support of his request, applicant submits copies of the special orders and citations awarding both the 1OLC and the 2OLC to the AFCM.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 25 June 1988.  He is currently serving on active duty in the grade of major, with an effective date and date of rank of 1 October 1999.

Applicant’s submission reveals he was awarded the AFCM (1OLC) by Special Order GA-003, dated 17 November 1995, covering the periods 10 October 1992 to 31 January 199; and, Special Order GA-026, dated 24 March 1998, shows he was awarded the AFCM (1OLC), for the periods 20 July 1995 to 23 February 1998.  A copy of applicant’s Selection Folder reveals the AFCM citation having a handwritten change from “First” to “Second” Oak Leaf Cluster, covering the period 20 July 1995 to 23 February 1998.

The following is a resume of the applicant’s Officer Performance Report (OPR) ratings subsequent to his promotion to the grade of major.

		Period Ending	Evaluation

		   20 Jan 00	Meets Standards (MS)
		   20 Jan 01	    MS
		    9 Oct 01	    MS
		 # 20 Dec 02	    MS
		   20 Dec 03	    MS
		   15 Jun 04	    MS

# Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board, which convened on 8 July 2003.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPO, recommends the application be denied.  DPPPO reviewed the applicant’s Officer Selection Record (OSR) and found the AFCM (1OLC) citation filed in his record for the P0503A selection board; therefore, it was factored into his promotion evaluation.  DPPPO states the applicant did not provide any documentation showing what action he took to ensure his AFCM (1OLC) was updated on his Officer Selection Brief (OSB) prior to convening of the P0503A selection board.  DPPPO retrieved a copy of the OSB that met the CY99A (8 March 1999) Major CSB, the board from which he was selected for promotion to major, and found the same error.  DPPPO does not believe the applicant exercised reasonable diligence in the maintenance of his record.  Should the Board grant the relief sought, DPPPO recommends the inclusive dates reflected on Special Order GA-003, dated 17 November 1995, be amended to correspond with the inclusive dates reflected on his AFCM (1OLC) citation; and, SO GA-02, dated 24 March 1998, awarding him the AFCM (2OLC) be amended to reflect “2” OLCs instead of “1” OLC.  In regards to correcting the Officer Selection Brief (OSB), the “YR” should reflect “1998” and the “NR AWD” adjusted to reflect “3.”  The HQ AFPC/DPPPO evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, following the 8 July 2003 selection board, he contacted AFPC and was informed of the missing decoration order number GA-003, dated 17 November 1995.  This same decoration was contained within his record when he personally conducted a records review in 1998.  He cannot explain its absence from his record nor can he explain who removed the decoration or why.  He can only confirm it was, in fact, present in the file and that he has a hard copy.  There was no lack of “due diligence” as the advisory writer states.  His record review in 1998 was both timely and proper and revealed a complete file at that time.  There was no basis for him to suspect a previously complete and accurate file maintained by the Air Force and beyond his control could or would be corrupted.  He disagrees with the statement “the record that met the P0503A board did contain the decoration in question.”  In preparation for the selection board that met last month, the post-board counselor worked hard to get the decoration GA-003 back into his record.  In fact, it had to be reaccomplished for inclusion into his record.  He believes the decoration found was the newly corrected decoration.  The missing/removed decoration unfairly prejudiced his P0503A selection board and unduly impacted his promotion chances.  The applicant’s complete submission 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.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that the applicant may not have been fairly considered for promotion by the CY03A Lieutenant Colonel Central Selection Board.  Through no fault of the applicant, his record was incomplete at the time he was considered by the selection board in question in that the narrative to accompany the award of the Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC), was inadvertently removed from his Officer Selection Record.  Ultimately resulting in his decorations not being accurately reflected on the Officer Selection Brief (OSB) in question.  The award under review covered over a two-year period and the narrative in the citation relates to the specific achievements and accomplishments by the applicant during the assignment.  While it cannot be conclusively determined what impact the omission of the award may have had on the applicant’s promotion opportunity, we believe any doubt in this case should be resolved in his favor.  Although the applicant’s records have been administratively corrected, we believe the applicant suffered an injustice by not having a complete record when he was considered for promotion.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent 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 Officer Selection Brief (OSB) for the Calendar Year 2003A Lieutenant Colonel Central Selection Board reflected under Decorations receipt of his third, rather than second, Air Force Commendation Medal in 1998.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2003A Lieutenant Colonel Central Selection Board, with inclusion of the citation to accompany the award of the Air Force Commendation (AFCM), First Oak Leaf Cluster (1OLC), for the period 27 January 1993 to 19 July 1995, in his Officer Selection Record (OSR) and his corrected OSB; and, any subsequent boards for which this citation was not a matter of record.
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The following members of the Board considered Docket Number BC-2004-01422 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 28 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 15 Jul 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
   Exhibit E.  Letter from Applicant, dated 17 Aug 04.

                                   

AFBCMR BC-2004-01422

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 APPLICANT be corrected to show that the Officer Selection Brief (OSB) for the Calendar Year 2003A Lieutenant Colonel Central Selection Board reflected under Decorations receipt of his third, rather than second, Air Force Commendation Medal in 1998.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2003A Lieutenant Colonel Central Selection Board, with inclusion of the citation to accompany the award of the Air Force Commendation (AFCM), First Oak Leaf Cluster (1OLC), for the period 27 January 1993 to 19 July 1995, in his Officer Selection Record (OSR) and his corrected OSB; and, any subsequent boards for which this citation was not a matter of record.