MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
		              FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, Docket No:  BC-2005-00161

	I have carefully considered all the circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied.

	After considering the evidence provided for my review, I agree with the minority member of the panel that the applicant’s request should be granted.  In this regard, I am persuaded that the applicant exercised reasonable diligence to ensure his record was correct prior to the convening of the selection board in question.  Nonetheless, his Officer Selection Brief (OSB) was inaccurate when he was considered for promotion to the grade of lieutenant colonel by the Calendar Year 2004B Lieutenant Colonel Central Selection Board.  In the commander’s statement of support, he attests to the applicant’s efforts to review and make appropriate changes to his records prior to the selection board and that the incomplete changes occurred after the correction attempts.  It cannot be conclusively determined what impact the erroneous OSB may have had on his promotion opportunity.  However, given the unequivocal support from his commander and having no basis to question his integrity, I believe the benefit of the doubt should be resolved in the applicant’s favor and his OSB corrected as requested.  Accordingly, it is my decision that the applicant be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2004B Lieutenant Colonel Central Selection Board, with inclusion of the corrected OSB.

                                                                        
                                                                        Director
                                                                        Air Force Review Boards Agency

AFBCMR BC-2005-00161

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 by amending the Officer Selection Brief (OSB), prepared for the Calendar Year 2004B Lieutenant Colonel Central Selection Board, to reflect his short tour assignment to Korea; and, the entries under the Assignment History Section to reflect the Duty Air Force Specialty Code (DAFSC) of “11F3Q” and duty title of “AT-38C IFF Instructor Upgrade,” effective 15 June 2004, and the DAFSC of “11F3Y” and level of assignment of “NAF,” effective 29 May 2003.

	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 2004B Lieutenant Colonel Central Selection Board, with inclusion of his corrected OSB.

		
                                     	Director
                                     	Air Force Review Boards Agency

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00161

		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 JULY 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Brief (OSB), prepared for the CY04B Lieutenant Colonel Central Selection Board (P0504B), be corrected as follows:

	a.  The Assignment History Section should reflect the correct Duty Air Force Specialty Code (DAFSC) and duty title effective 15 June 2004, and DAFSC and level of assignment for his duty title effective 29 May 2003.

	b.  The Overseas Duty History Section should reflect completion of his short tour to Korea.

He be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY04B Lieutenant Colonel Central Selection Board (P0504B), with the corrected OSB.

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APPLICANT CONTENDS THAT:

The incorrect OSB, filed in his Officer Selection Record (OSR), did not properly represent his career.  As such, he believes it would have been difficult for the board to understand his current assignment as well as develop the proper perspective of his experience, contributions to the Air Force and potential.

He made multiple attempts to correct the DAFSC error for the Osan assignment.  The error appeared to have been corrected but was subsequently changed without his knowledge.  The errors for the most current assignment were entered just prior to the final OSB printout due to the timing of this assignment.  He was not made aware of the error until receiving a copy of his records after the board, which differed from the records he had access to prior to the board.  His short tour was not submitted by the Military Personnel Flight (MPF) until after the board met.

In support of his request, applicant submits copies of his corrected duty history information and his Officer Performance Report (OPR), closing 14 May 2004.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 22 April 1989.  He is currently serving on active duty in the grade of major, with a date of rank of 1 February 1997 and an effective date of 15 May 2003.

Applicant's profile for the last seven reporting periods follows:

		Period Ending	Evaluation

		   8 Nov 97	Meets Standards (MS)
		  29 May 99		MS
		  29 May 00		MS
		  29 May 01		MS
		  29 May 02		MS
		  14 May 03		MS
		# 14 May 04		MS

# Top report at the time he was considered and nonselected for promotion to lieutenant colonel by the CY04B Lieutenant Colonel Central Selection Board, which convened on 12 July 2004.

Information maintained in the Military Personnel Data System (MilPDS) reveals applicant’s Duty History for the effective periods in question follows:

Effective Date	DAFSC	Duty Title			Command Level

29 May 03	11F3Y	Commander, Armistice	NAF
			Ops Flight

15 Jun 04	11F3Q	AT-38C IFF Instructor	WB
			Upgrade

Information extracted from the applicant’s citation to accompany the Meritorious Service Medal (MSM), Second Oak Leaf Cluster (2OLC), reflects an overseas short tour assignment to Osan Air Base, Republic of Korea (ROK) during the period 29 May 2003 to 20 May 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the application be denied.  DPPPO states the final OSB for the P0504B board was generated on 4 July 2004 and the applicant arrived at his new duty station, Moody AFB, on 24 May 2004.  This gave the applicant more than 30 days prior to the Central Selection Board (CSB) to confirm whether his duty information was correct in the MilPDS.  The applicant provides no documentation to support he took any action to ensure the accuracy of the record prior to the CSB.  Regarding the incorrect DAFSC and command level for his duty title entry effective 29 May 2003, in reviewing his record, DPPPO noted his top OPR, closing 14 May 2004, and his Promotion Recommendation Form (PRF) both reflect the correct DAFSC (11F3Y) and command level (7 AF).  Upon reviewing the applicant’s Officer Selection Record (OSR) that met the P0504B board, DPPPO found his top OPR, closing 14 May 2004, and the assignment history on his OSB reflected his overseas assignment to Korea.  Further, the citation for the MSM, which he received for his Korea tour, was on file when his record met the board.  Since central boards evaluate the entire OSR to include the PRF, OPRs, decorations, letters of evaluation and data on the OSB, DPPPO does not believe the contested errors on the OSB caused the applicant’s nonselection for promotion. 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 indicates the overseas duty history block is vital as it would have highlighted his short tour without having to scrutinize the assignment history.  He stands behind his conviction that the multiple errors and omissions on the OSB had a significant impact on his nonselection.  He made every reasonable attempt to detect and repair any errors.  The errors listed were beyond his control due to their timing or were changes that occurred after he had the error fixed.  He, therefore, requests the opportunity to meet an SSB.  The applicant’s commander submits a statement wholeheartedly endorsing the applicant’s request.  His commander believes the errors present on the applicant’s OSB could incorrectly sway a reviewing official in a negative direction.  He goes on to state that the applicant exploited the correct measures to review his records and make appropriate changes prior to the selection board.  Incomplete changes to his OSB and personnel records occurred after his correction attempts and during his PCS from his remote tour at Osan AB.  The applicant’s complete submission, with attachment, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After reviewing applicant’s submission and the evidence of record, the Board majority noted that the requested OSB corrections; i.e., assignment and overseas duty history, were reflected in his top OPR, closing 14 May 2004, his P0504B Performance Recommendation Form (PRF) and the Meritorious Service Medal (MSM) citation, which were contained in his Officer Selection Record (OSR).  Inasmuch as the aforementioned documents were a matter of record, the CY04B (P0504B) selection board members had access to the applicant’s correct assignment/overseas duty history when he was considered for promotion by the CY04B selection board.  Selection boards consider a member’s entire record, assessing whole person factors, and the applicant’s belief that the missing short tour assignment and incorrect duty history entries were the reason for his nonselection is pure speculation.  The Board majority believes the selection board in question had access to sufficient information concerning the applicant’s accomplishments on which to base a reasonable decision concerning his standing with relationship to his peers.  It is the Board majority’s opinion that the duty history entries and missing short tour assignment were harmless errors.  In the absence of persuasive evidence to the contrary, the Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts the rationale expressed as the basis for their decision that the applicant has failed to sustain his burden that he has suffered an injustice.  Accordingly, the Board majority finds no basis to recommend granting the relief sought in this application.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
________________________________________________________________

The following members of the Board considered this application in Executive Session on 17 May 2005, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

By a majority vote, voted to deny applicant's request. voted to grant the applicant's request but did not desire to submit a minority report.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2005-00161.

   Exhibit A.  DD Form 149, dated 27 Dec 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 16 Mar 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.
   Exhibit E.  Letter from Applicant, dated 28 Apr 05, w/atchs.

                                   
                                   Panel Chair