RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00284
		INDEX CODE: 100.05
		COUNSEL:  None

		HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  1 Aug 07

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APPLICANT REQUESTS THAT:

He be considered by the Calendar Year 2005 (CY05) Lieutenant Colonel (LTC) Continuation Board with a Duty Air Force Specialty Code (DAFSC) of 14N4 (Intelligence) rather than 86P0 (Command and Control), and/or he be considered by a Special Selection Board (SSB) for the Fiscal Year 2006 (FY06) US Air Force Reserve (USAFR) Line and Non-Line Colonel (Selected Reserve (SelRes)) Promotion Selection Board with inclusion of a Joint Service Commendation Medal (JSCM) and a Humanitarian Service Medal (HSM) in his record.

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APPLICANT CONTENDS THAT:

A Mandatory Retirement Date (MRD) was established due to an error in his DAFSC versus his assignment AFSC.  His assignment AFSC was 86P0 (over-manned); his DAFSC was 14N4 (critical).  At the Standing Joint Force HQs (SJFHQ), US Joint Forces Command (USJFCOM), his position required 14N4, although he was slotted against an 86P0 in the Reserve unit.  At DIA/SFE-01B, he is currently serving in a 14N4 position with mandatory 14N4 and/or 65W3 (Cost Analysis)/65F3 (Financial Management).  He is fully qualified for the position as he holds all AFSCs with valid clearances and has an operations background.  The JSCM for service during 2000-2004 and the HSM for service during Operation Katrina, 6-21 Sep 05, should have been included in his record when considered by the FY06 USAFR Colonel SelRes board.

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant is an Individual Mobilization Augmentee (IMA) serving in the Reserve grade of LTC with a Mandatory Separation Date (MSD) of 31 Aug 06.

[Note:  According to HQ ARPC/DPBPP’s generic explanation via Email to the AFBCMR Staff, each SelRes position (assignment) has a specific number and authorized AFSC.  The DAFSC is tied to the position.  The Primary AFSC (PAFSC) is tied to the member’s qualifications and experience in a specific AFSC.  Members have control over their PAFSC classifications, and their DAFSCs and PAFSCs can be different.]  

The applicant’s Officer Performance Reports (OPRs) from 29 Sep 01 through 29 Sep 04 all have a DAFSC of 14N.  The OPR closing 30 Jun 05, and the Promotion Recommendation Form (PRF) prepared for the FY06 USAFR Colonel SelRes selection board both reflected a DAFSC of 14N4 and a duty title of Information Superiority Operations Officer.  However, according to the virtual Military Personnel Flight (vMPF) and HQ ARPC/DPB, effective 18 May 05, the applicant was assigned to Norfolk NAS, VA, with a DAFSC of 86P0.  

The Secretary of the Air Force (SAF) convened the CY05 LTC Continuation Board on 17 Oct 05 (the FY06 USAFR Colonel SelRes selection board convened that same date).  The eligibility criteria for the continuation board was, in part, an MSD based on 28 years of commissioned service expiring between 1 Jan and 31 Dec 06, and a PAFSC or DAFSC manned at 95% or less (secondary and tertiary AFSCs were not considered).  The 86P0 AFSC was manned at 115%, well above the requirement set by the SAF.  The applicant was not selected for promotion by the FY06 USAFR Colonel SelRes selection board and was not considered for continuation by the CY05 LTC Continuation board.

The applicant was not awarded the JSCM until 1 Nov 05, 11 days after the FY06 USAFR Colonel SelRes selection board adjourned.  The HSM is not high enough in precedence to be placed in the Officer Selection Record (OSR) or to be presented to a selection board.  Only decorations above a Combat Action Ribbon (Achievement Medals, Commendation Medals, etc.) are available for selection boards’ consideration.   

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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be denied.  They are unable to confirm the applicant is in a position requiring a DAFSC of 14N4.  AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, paragraph 1.7., requires an officer to monitor his/her own eligibility and ensure the selection record is correct and up to date before a board convenes.  The information contained in Sections I through III on the PRF did not reflect the applicant’s assignment when the FY06 USAFR Colonel SelRes selection board convened.  The Reserve Management Vacancy System (RMVS) indicates the position he fills is classified as 86P0 and requires the qualifications of the AFSC to accomplish the job.  Personnel data systems indicated that at the time of the board the applicant was in a billet with a DAFSC and PAFSC of 86P0, which did not meet the eligibility criteria established by the SAF for continuation consideration.  

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asks whether the goal was to retain a 28 year LTC with current intelligence experience or to reduce Reserve end strength.  He argues that, while the AFSC information in the MilPDS is technically correct, it does not mean it is factual/actual.  His PAFSC should be 14N4 and his DAFSC is 14N4, while his assignment AFSC is 86P0.  SJFHQ positions do not match the USJFCOM billet assignment.  The PRF and OPR reflect his status for the senior rater and performance period, and the OPR’s 30 Jun 05 closing date is past 18 May 05.  During the time of the board, the AFSC required for the position was 14N4.  He is currently serving as an intelligence analyst with DIA.  He should be considered an intelligence officer by merit of his contribution and duties, not his assignment of record.

A complete 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 to warrant partial relief.  After careful consideration of the available evidence, we conclude the applicant presents the more persuasive argument that he should have been considered by the CY05 LTC Continuation board with a DAFSC of 14N4, rather than 86PO.  HQ ARPC/DPB advises that, effective 18 May 05, the applicant was assigned to Norfolk NAS, VA, with a DAFSC of 86P0, and therefore was not eligible for consideration by the CY05 LTC Continuation board when it convened.  The applicant’s OPRs from 29 Sep 01 through 30 Jun 05 and the PRF prepared for the FY06 USAFR Colonel SelRes Promotion selection board reflect a DAFSC of 14N4.  We are also aware that, often for the sake of expediency, many IMAs and other military members with skills critical to fighting the Global War on Terrorism are being assigned where needed to positions whose classifications may not necessarily reflect the duties these individuals are actually performing.  We believe the possibility exists that the SJFHQ positions did not match the USJFCOM billet assignment and the applicant may have been unfairly excluded from consideration by the CY05 LTC Continuation board.  We therefore believe his records, effective 18 May 05, should reflect a PAFSC and DAFSC of 14N4, rendering him eligible for consideration for continued service by the CY05 LTC Continuation board.  Therefore, his records should be corrected to the extent indicated below.

4.	Notwithstanding the above determination, with regard to the FY06 USAFR Colonel SelRes selection board, a majority of the Board is not persuaded that reconsideration is warranted because the JSCM was not awarded until after this board adjourned and the HSM is not high enough in precedence to be placed in the OSR.  The applicant has not established to the majority’s satisfaction that there are errors in his OSR warranting SSB consideration for the FY06 USAFR Colonel SelRes selection board.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that, effective 18 May 2005, he was awarded a Duty Air Force Specialty Code and a Primary Air Force Specialty Code of 14N4, rather than 86PO, and he be considered for continuation by the Calendar Year 2005 Lieutenant Colonel Continuation Board.

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The following members of the Board considered this application in Executive Session on 25 April 2006, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  Mr. XXXXXXXXXXXXXXXXXX also voted to grant SSB consideration for the FY06 USAFR Colonel SelRes selection board with the JSCM included 
in the applicant’s records; however, he did not wish to submit a Minority Report.  The following documentary evidence relating to AFBCMR Docket Number BC-2006-00284 was considered:

   Exhibit A.  DD Form 149s (2), dated 24 Dec 06 [sic] 
				& 15 Feb 06, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 28 Feb 06.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.
   Exhibit E.  Letter, Applicant, dated 15 Mar 06, w/atchs.

							
AFBCMR BC-2006-00284

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, effective 18 May 2005, he was awarded a Duty Air Force Specialty Code and a Primary Air Force Specialty Code of 14N4, rather than 86PO, and he be considered for continuation by the Calendar Year 2005 Lieutenant Colonel Continuation Board.