RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00611
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel by the Calendar Year 2002B (CY02B) Central Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His duty title of Chief, Standardization and Evaluation (STAN/EVAL) Division, with an effective date of 15 Aug 01, was omitted from his Officer Selection Brief (OSB).

The Academic Education Section of his OSB should have reflected bachelor's plus (BAC+).

The Meritorious Service Medal (MSM), First Oak Leaf Cluster (1OLC), was not reflected on his OSB nor included in his Officer Selection Record (OSR).

In support of his appeal, the applicant provided copies of his Officer Preselection Brief (OPB), the MSM (1OLC) Certificate, his Officer Performance Report closing 14 Jul 02, and an electronic mail (e-mail) message from the Assistant Director, Admissions and Registrar, Embry-Riddle Aeronautical University (ERAU).  

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of major, having been promoted to that grade on 1 Nov 98.  His Total Active Federal Military Service Date (TAFMSD) is 27 May 87.

Applicant's Officer Performance Report (OPR) profile since 1992 follows:

	PERIOD ENDING	EVALUATION

	14 Feb 92	Meets Standards
	14 Feb 93	Meets Standards
	14 Feb 94	Meets Standards
	31 Oct 94	Meets Standards
	31 Oct 95	Meets Standards
	22 Mar 96	Meets Standards
	14 Jun 97	Meets Standards
	14 Jun 98	Meets Standards
	14 Jun 99	Meets Standards
	14 Jun 00	Meets Standards
	14 Jun 01	Meets Standards
  #	14 Jun 02	Meets Standards

# Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY02B Lieutenant Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO indicated that the applicant's OSB omitted a duty title and duty AFSC (Q11R3A, Chief, Stan Eval) from the duty history.  The information was correct in the OPB reviewed by the applicant prior to the board.  The OSB did not reflect the MSM (1OLC).  The OSB also did not reflect a BAC+ for academic education.  The applicant requested that the transcript be sent to AFIT on 22 Oct 02.  The BAC+ was not updated in the record.  They have obtained, reviewed, and verified supporting documentation.  They defer to HQ AFPC/DPPPO regarding SSB consideration.

A complete copy of the AFPC/DPAO evaluation is at Exhibit C.

AFPC/DPPPO noted that each officer eligible for promotion by the P0502B board received an OPB 90-100 days prior to the central board convening date.  The OPB contains data that will appear on the OSB at the central board.  If any errors are found, corrective action must be taken prior to the selection board, not after it.  Since the applicant’s OPB correctly reflected his 15 Aug 01 duty title entry, there was no reason for him to take further action.  It appears that when his top line duty title was updated, his 15 Aug 01 entry was mistakenly deleted.  Therefore, AFPC/DPPPO believes that SSB consideration is warranted.

AFPC/DPPPO disagreed with the applicant’s contention that his MSM (1OLC) decoration was missing from his OSR when it met the CY02B board.  Although the period of the decoration was through 24 Sep 02, the orders were not published until 9 Jan 03.  Thus, his record did not contain the citation, nor was it reflected in the Military Personnel Data System (MilPDS).  As directed in AFI 36-2803, paragraph 3.1, the applicant’s rating chain has up to two years to submit a recommendation for decorations after the service was performed.  For purposes of including this decoration in a board that convened on 12 Nov 02, the decoration did not yet exist.  AFI 36-2803, Table 3.1, Note 5, directs forwarding citations and special orders within 30 days of the date the special orders are published.  The decoration was not required to be updated in the Military Personnel Data System (MilPDS), and on file in his record, until 9 Feb 03.  As such, the decoration was not a matter of record at the time the CY02B board convened on 12 Nov 02.

Regarding the applicant's contention that his BAC+ was not reflected on his CY02B OSB, AFPC/DPPPO indicated that the only way to update a BAC+ is for the officer to provide the Air Force Institute of Technology (AFIT) with an original, official transcript, or to request that his educational institution forward an official transcript to AFIT.  AFIT is the only agency authorized to update academic data.  Although the applicant provided documentation from his education institution indicating that they failed to send AFIT the transcripts the applicant requested on 22 Oct 02, he did not follow up on this request until after the board convened.  Also, the applicant could have elected to write a letter to the CY02B board president identifying his BAC+ completion and included a copy of his transcripts.  They found no evidence that he wrote such a letter to the board; therefore, AFPC/DPPPO believes that he did not exercise reasonable diligence to ensure his record was accurate prior to the CY02B board, nor did he take timely corrective action.

Based on the evidence provided, AFPC/DPPPO stated that they recommend approval of the applicant's request to include the 15 Aug 01 duty title entry on the applicant's OSB.  However, they recommend disapproval of his request to have the MSM (1OLC) and his BAC+ in his record.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response indicating that he disagreed with AFPC/DPPPO's comments regarding the updating of his education status.  In his view, they incorrectly stated that he did not follow up on his request to have the information sent to AFIT.  Upon his return from temporary duty on 18 Oct 02, he contacted AFIT by telephone and was informed that AFIT had not yet received his transcript.  He was promised by AFIT that they would be looking out for his transcript and would update his record as soon as it arrived.  He then contacted the ERAU registrar by telephone on 24 Oct 02 and was informed that the request had been received and would be sent by Federal Express the following day.  According to the Director of Admissions and Registrar, the error was the fault of the university.  He believes that he has exhausted all reasonable avenues to correct the information in his records.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________

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 warranting partial relief.  Having carefully reviewed this application, we agree with the recommendation of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our decision that the applicant has been the victim of an error or an injustice with regard to the omission of a duty title on the applicant's OSB.  Accordingly, we recommend that the applicant’s records be corrected as indicated below, and that he be provided SSB consideration with his corrected record.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action concerning the applicant’s requests that his OSB be corrected to reflect BAC+ and the MSM (1OLC), and, that he be provided SSB consideration with a corrected OSB.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by AFPC/DPPPO.  We note that the MSM (1OLC) was not required to be filed in the applicant’s OSR when he was considered for promotion by the CY02B Central Lieutenant Colonel Selection Board.  Furthermore, we find no evidence that there was any attempt by the applicant’s superiors to ensure the decoration’s inclusion in his record prior to the convening of the board.  Regarding his request to have BAC+ reflected on the OSB, no evidence has been presented which has shown to our satisfaction that the applicant exercised the necessary diligence to ensure that his record accurately reflected his academic education.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we adopt AFPC/DPPPO's rationale and conclude that no basis exists to recommend granting the requested relief.

_________________________________________________________________

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 2002B (CY02B) Central Lieutenant Colonel Selection Board, be amended in the "Assignment History" section by adding the duty title of “Chief, STAN EVAL Division," with an effective date of 15 Aug 01.

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 2002B Central Lieutenant Colonel Selection Board, with the corrected OSB.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-00611 in Executive Session on 8 Jul 03, under the provisions of AFI 36-2603:

Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 18 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAO, dated 18 Mar 03.
     Exhibit D.  Letter, AFPC/DPPPO, dated 23 Apr 03.
     Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.
     Exhibit F.  Letter, applicant, dated 19 May 03.

                                   
                                   Chair

AFBCMR BC-2003-00611

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 , be corrected to show that the Officer Selection Brief (OSB) prepared for consideration by the Calendar Year 2002B (CY02B) Central Lieutenant Colonel Selection Board, be amended in the "Assignment History" section by adding the duty title of “Chief, Standardization and Evaluation (STAN/EVAL) Division," with an effective date of 15 Aug 01.

	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 2002B Central Lieutenant Colonel Selection Board, with the corrected OSB.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency