RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02462
		INDEX CODE:  
	XXXXXXXXXX	COUNSEL:  NOT INDICATED
	XXXXXXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.	His Officer Selection Brief (OSB), duty title section, be changed to reflect his current duty title, Program Manager, US Nuclear Detonation Detection System which was effective 11 August 2003.

2.	His OSB, duty title section, be changed to reflect deletion of the 19 July 2002 duty title entry.  

3.	His Meritorious Service Medal (MSM), Third Oak Leaf Cluster (3 OLC), for the period 9 September 2001 - 18 December 2002 be accepted for file prior to the CY03 Colonel Board convening date.  

4.	His corrected record be considered for promotion to the grade of colonel by the Calendar Year 2003B (P0603B) Colonel Central Selection Board.

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THE APPLICANT CONTENDS THAT:

He requested an update of his records during his review of his Officer PreSelection Brief (OPB); however, it was never accomplished.  He believes that because his OPB reflects him as a commander with no MSM for that tour of duty, a false signal was sent to the selection board.  The geographical separation from his parent unit and extended TDYs to fulfill ENDURING FREEDOM requirements may have been additional contributing factors.  

In support of his appeal, the applicant submits a copy of his Promotion Recommendation Form (PRF) for the P0603B board, a copy of his OPB dated 10 June 2003 a copy of his MSM citation with orders and an e-mail communication from  his unit.  

Applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant’s Total Active Federal Military Service as 24 June 1982.  He is currently serving on active duty in the grade of lieutenant colonel with a date of rank and an effective date of 1 November 1998.  As of 1 February 2005, the MilPDS reflects his duty title as Program Manager, US Nuclear Detection System.  In addition, MilPDS reflects the applicant was awarded four MSMs with the most recent medal awarded for the period ending 18 December 2002.

The applicant’s Officer Selection Record (OSR) contains AF Forms 707A, Field Grade Officer Performance Reports (OPRs) beginning with the rating period 13 June 1997 and ending on 16 April 2003 with overall ratings of “Meets Standards.”  The applicant received an AF Form 709, Promotion Recommendation Form, for the P0603B Selection Board and received an overall recommendation of “Promote.”  

He was considered and not selected for promotion to the grade of colonel by the CY03B central colonel selection board, which convened on 27 October 2003.  

On 4 October 2004, the Acquisition Officer Assignments Branch corrected the applicant’s duty title reflecting “Program Manager, US Nuclear Detection System” effective 11 August 2003.  

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AIR FORCE EVALUATION:

AFPC/DPPPO believes that the missing current duty title is significant enough to warrant SSB consideration.  Additionally, if SSB consideration is approved for the “Program Manager, US Nuclear Detection System,” then to make his P0603B OSB as accurate as possible, DPPPO recommends that his 19 July 2002 duty title entry be deleted.  DPPPO states that although the period of the decoration was through 18 December 2002, the special order announcing its approval was published on 13 May 2004; therefore, this decoration did not exist for the P0603B board that convened on 27 October 2003.  DPPPO further states that in accordance with governing regulations, decoration recommendations are entered into official channels within 2 years and awarded within 3 years of the act, achievement, or service performed.  Therefore, this decoration was processed in a timely manner and did not exist at the time the board convened on 27 October 2003.  The AFPC/DPPPO evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 19 November 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  However, as of this date, no response has been received by this office.

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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.  Based on the evaluation provided by the Air Force office of primary responsibility we agree there are grounds to correct the applicant’s OSB.  With respect to the duty title, as Program Manager, US Nuclear Detection System, and the removal of the duty title entry effective 19 July 2002, it appears that through no fault of his own, the applicant’s record was incorrect at the time he was considered by the CY 2003B selection board.  Therefore, his record should be corrected to include this information.  We have no way of knowing the impact the above correction would have had on the applicant’s promotion opportunities when presented to the CY 2003B colonel central selection board.  In order to afford the applicant full and complete relief and to resolve any doubt in this matter, his corrected record should be referred to a Special Selection Board.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting approval of his request for the MSM 3OLC to be accepted for file prior to the CY03 Colonel Board convening date.  In this respect, we note that, by regulation, decoration recommendations are entered into official channels within 2 years and awarded within 3 years of the act, achievement, or service performed.  Therefore, the MSM 3OLC was processed in a timely manner and it did not exist at the time the CY 2003B board convened.  Other than his own assertions, we have seen no evidence by the applicant indicating that his superiors intended or attempted to expedite the processing of the award for the purpose of its consideration by the CY 2003B Colonel selection board.  Accordingly, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.
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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) prepared for consideration by the Calendar Year 2003B (CY03B) Colonel Central Selection Board, in the Assignment History section, be amended by deleting the entry “commander effective 19 July 2002” and adding the entry of “Program Manager, US Nuclear Detection System effective 11 August 2003.”  

	It is further recommended that he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY03B Colonel Central Selection Board and any subsequent boards which the above corrections were not a matter of record.

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The following members of the Board considered this application, AFBCMR Docket BC-2004-02462, in Executive Session on 9 February 2005, under the provisions of AFI 36-2603:

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

    Exhibit A.  DD Form 149, dated 28 Jul 04 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 8 Nov 04 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 04.

AFBCMR BC-2004-02462

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 XXXXXXXXXXX, be corrected to show that the Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2003B (CY03B) Colonel Central Selection Board, in the Assignment History section, be amended by deleting the entry “commander effective 19 July 2002” and adding the entry of “Program Manager, US Nuclear Detection System effective 11 August 2003.”  :

	It is further directed that he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY 2003B Colonel Central Selection Board and any subsequent boards which the above corrections were not a matter of record..