RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00414
		INDEX NUMBER:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be considered for promotion by a Special Selection Board (SSB) for the CY00B Major Selection Board (18 Sep 00) (P0400B) with his officer performance report (OPR) closing 14 Sep 00 included in his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

The wing intended to have his OPR closing 14 Sep 00 completed in time to meet the Majors board. Due to administrative reasons inside the wing, his OPR was not completed until 13 Oct 00.

He further states his OPR was misplaced at the Operations Group for 10 days and was not completed in time to meet the board.  Failure to ensure his OPR was completed in time to be considered placed him at a disadvantage.  This OPR covers his performance as a flight commander at the Joint Specialized Undergraduate Pilot Training (JSUPT), the most important period of his career and its absence created a crucial 12-month gap in his record.  He says in hindsight he should have written a letter to the board detailing his performance.

In support of his appeal, applicant provided his personal statement, letters of support from the rater and reviewer on the OPR closing 14 Sep 00, statements from his former vice wing commander, and the squadron commander’s secretary, and a copy of the OPR in question.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s total active federal military service date (TAFMSD) is 18 Feb 91.  He is currently serving in the grade of captain, having been promoted to that grade, effective 3 October 1994.

Applicant's OPR profile for the last ten reporting periods follows:

	PERIOD ENDING	EVALUATION

	28 Feb 94	Meets Standards (MS)
	18 Nov 94	Training Report (TR)
	14 Jul 95	TR
	14 Jul 96	MS
	14 Jul 97	MS
	17 Oct 97	TR
	14 Jul 98	MS
	14 Jan 99	TR
   * 13 Sep 99	MS
   # 13 Sep 00	MS

*Top report in file when considered and nonselected for promotion by the CY00B Major Selection Board, which convened on 18 Sep 00.

#The OPR closing 13 Sep 00 was signed by the rater and additional rater on 18 Oct 00, and the reviewer on 29 Oct 00.

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AIR FORCE EVALUATION:

The Officer Promotion, Appts, & Sel Cont. Br, HQ AFPC/DPPPO reviewed and recommended the applicant’s request be denied.  They indicated that while the reviewer and the rater supported the applicant’s request, they did not confirm the applicant’s contentions of administrative error nor did they confirm the statements by the applicant and the vice commander that the reviewer intended to have the OPR filed in time for the board.

Also, the statement from the squadron secretary indicates the Operations Group would not accept the applicant’s OPR prior to the closeout date.  She stated that the commander’s review process took ten critical days and the OPR was not returned to her for corrections until 28 Sep 00.  She did not confirm that the OPR was “misplaced” for ten days-instead she explained why it took ten workdays to complete the administrative review.

In summary, they were not convinced that the rater and reviewer intended to have the OPR filed in time to be considered by the board, nor that the report was misplaced for ten days.  The report was not required to be on file until 13 Nov 00, which was after the board convening date.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 March 2001, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit E).  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.   Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Air Force office of primary responsibility (OPR) determined that the applicant’s supporting documentation did not sufficiently clarify that the rater and reviewer intended to have the OPR filed in time to be considered, nor that the report was misplaced for ten days.  We agree.  Further, by regulation, the OPR closing 13 Sep 00 was not required to be on file until 13 Nov 00.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 31 May 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Feb 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 12 Mar 01.
    Exhibit D.  Letter, AFBCMR, dated 30 Mar 01, w/atchs.

                                   
                                   Panel Chair