RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02640
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade major by Special Selection Board (SSB) for the Calendar Year 2003B Major Central Selection Board (CSB).

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APPLICANT CONTENDS THAT:

During a telephonic records review in April 2004, the following errors were discovered in his Officer Selection Record (OSR):  His first Officer Performance Report (OPR) as a captain, for the year 1996 to 1997 was missing; the citations for his Army Commendation Medal (ACM) for the period 7 May 1987 to 7 April 1989, and Army Achievement Medal (AAM) for the period 1 May 1997 to 5 June 1997 were missing; and his academic education was not correctly reflected on his Officer Selection Brief (OSB).  All errors have now been corrected.

Applicant does not submit any documentation in support of the appeal.

Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of captain.

Applicant was considered and not selected for promotion to the grade of major by the CY03B Major Central Selection Board (CSB).

On 25 February 2004, applicant’s request that his Officer Selection Brief (OSB) be corrected to reflect his correct academic education was considered and denied.  A copy of the Record of Proceedings is attached.  Subsequent to the Board’s decision, applicant’s OSB has been corrected to reflect his Bachelor’s Plus (BAC+).

OPR profile since 1998, follows:

       PERIOD ENDING             EVALUATION OF POTENTIAL

         28 Jun 98               Meets Standards (MS)
         28 Jun 99                       MS
          8 Feb 00               Education/Training Report (TR)
         28 Jun 00                       MS
         28 Jun 01                       MS
         28 Jun 02                       MS
         28 Jun 03                       MS
         30 Mar 03                       MS

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AIR FORCE EVALUATION:

AFPC/DPPPO confirmed that the alleged missing report for the period 1 December 1996 to 6 June 1997 was in fact not filed in his OSR for the CY03B board.  Also, the applicant was a first lieutenant at the time and not a captain as stated in his application.  To make his record as accurate as possible, the Air Force Form 77 which was filed in his OSR reflecting the period from 1 December 1996 to 5 August 1997 was corrected to reflect 7 June 1997 to 5 August 1997 (the period between the close-out date of the officer’s last performance report in the Army and his date of entry into the Air Force.).  Although the citations were not in his OSR when the board convened, the board members knew of its existence as evidenced by the decoration entries on his OSB.  They were factored into the promotion evaluation.  In summary, they state he did not exercise reasonable diligence to insure his record was accurate prior to the board.  They further note 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.”  The applicant failed to exercise reasonable diligence in ensuring his record was accurate prior to the CSB; therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he is in profound disagreement with the statement and conclusions of the letter received in reference to his application for an SSB.  This letter characterizes his actions without any facts to support the statements made in it.  It is his word as a United States Air Force officer that he placed the maximum interest and effort to ensure that his record was as accurate and complete as possible.  He diligently followed all instructions provided to him in writing before the board took place and requested correction of all errors that he was aware of by using the appropriate offices and organizations.  The errors presented are, in his opinion, of sufficient significance to warrant a SSB due to the competitive nature of this event and the minute discriminators that can make the difference one way or another.

For many years he presented to AFIT his request that his foreign education be listed in his record.  They repeatedly denied his requests.  He has multiple e-mail transactions to prove his actions.  It was his surprise that after the board they considered updating his education to a BAC+ in Medical Sciences.  This, although incorrect, was a step in the right direction to give him the credit for his years of study.  His degree is an MD from the XXXXXXXXXXX University in Madrid Spain.  It is also worth noting that the citations to his awards were missing and being able to read the narrative gives a valuable clue to the reason for the award and thus the true merit of such.

A copy of applicant’s response 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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we note that applicant’s record, when considered by the CY03B selection board, was missing the citations accompanying the awards of the Commendation Medal/Achievement Medal and his Army evaluation report closing 6 June 1997.  The Air Force states that the applicant did not exercise reasonable diligence to insure his record was accurate.  We do not agree.  It appears that once the applicant was aware of the missing records he took timely action to have them corrected.  Therefore, in an effort to insure that he receives fair and equitable consideration for promotion, we believe that his corrected record should be considered by SSB.  In view of the above determination, we recommend his record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the US Army Officer Evaluation Report rendered for the period 1 December 1996 through 6 June 1997, be consider for promotion to the grade of major by Special Selection Board for the Calendar Year 2003B Major Selection Board.

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The following members of the Board considered this application in Executive Session on 17 February 2005, 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 16 Aug 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 18 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.
   Exhibit E.  Applicant’s Response, dated 28 Nov 04.

AFBCMR BC-2004-02640

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, to include the US Army Officer Evaluation Report rendered for the period 1 December 1996 through 6 June 1997, be considered for promotion to the grade of major by Special Selection Board for the Calendar Year 2003B Major Selection Board.