RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00978
		INDEX CODE:  100.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration for selection to attend Intermediate Service School (ISS) for the CY01 ISS Central Selection Board.

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APPLICANT CONTENDS THAT:

His record was incomplete and did not contain current data when he was considered by the CY01 ISS selection board.  His Officer Performance Report (OPR) which closed on 21 Jul 01 was not completed until 4 Mar 02 and was not in his record until 11 Mar 02.  

In support of his request, applicant provided a statement from his commander, a copy of the OPR closing 21 Jul 01; and his AF Form 3849, PME/AFIT/RTFB Officer Worksheet.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant was appointed a second lieutenant, Reserve of the Air Force on 15 Dec 89 and was voluntarily ordered to extended active duty on 14 Oct 90.  He was integrated into the Regular Air Force on 28 Aug 97.  He was progressively promoted to the grade of major having assumed that grade effective and with a date of rank of 1 May 01.  He was considered and not selected for ISS attendance by the CY01 ISS Central Selection Board which convened on 4 Sep 01.

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AIR FORCE EVALUATION:

AFPC/DPAP reviewed applicant's request and recommends denial.  DPAP states that his OPR was not required to be on file at AFPC prior to the start of the CY01 ISS board.  AFI36-2611 states that each officer should ensure his assignment selection folder is up-to-date.  The assignment folder is the Officer Selection Record (OSR).  The OSR is accessible to the officer and he is responsible for reviewing it and ensuring its accuracy and completeness.  AFI36-2406 states that OPRs are due to the Military Personnel Flight (MPF) "no later than 30 days after close-out."  In this case it would have been 20 Aug 01.  His OPR was not signed until 4 Mar 02, well after the 20 Aug 01 suspense.  AFI 36-2406 also states that OPRs are due at AFPC "no later than 60 days after close-out."  In this case this date would have been 19 Sep 01.  The CY01 ISS board adjourned on 11 Sep 01.  AFPC/DPPBR adds that OPRs closing out within 45 days of board start dates are not required to be on file in the OSR.  Day 45 in this case would have been 4 Sep 01, the first day of the CY01 ISS board.  The DPAP evaluation is at Exhibit C.

AFPC/DPPPO reviewed applicant's request, concurs with the findings of DPAP, and recommends denial.  The DPPPO evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that the fact that he is responsible to make sure his records are up to date has no bearing on this case.  He has no legal power to force his supervisor to turn in his OPR on time.  Realizing there could be a potential conflict, he inquired about the status of his OPR on at least 17 occasions.  His supervisor signed a statement accepting full responsibility for the tardiness of the OPR.  The fact that OPRs aren't required to be in the MPF until 30 days after closeout proves his case.  If the OPR had been turned in on time, it would have been in the MPF in time for his senior rater to view a complete copy of his record.  Stating that the OPR was required to be at AFPC no later than 60 days after closeout can be interpreted to indicate that the system still had 8 days to get the OPR into his records.  He understands that interpretation, but hopes that with the difference of a few hours, the benefit would go to the individual.  The advisory further states that OPRs that close out within 45 days of a board start date are not required to be on file in the OSR.  In this case, day 45 was the day of the board.  

He filed this application first, because due to a late OPR his senior rater screened an incomplete record and second, the selection board screened an incomplete record.  The advisories did not address his argument concerning his senior rater screening an incomplete record.  The obvious importance and impact on the senior rater alone should be enough to warrant approval of his request.  The applicant's complete submission is at Exhibit F.

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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 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In this respect, we note that in accordance with applicable Air Force instructions, the OPR closing on 21 Jul 01 was not required to be on file at AFPC until after the date the ISS selection board adjourned.  Therefore, in the absence of persuasive evidence that the appropriate standards were not applied in this case, 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 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 Docket Number 02-00978 in Executive Session on 3 Sep 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAP, dated 1 May 02.
    Exhibit D.  Letter, AFPC/DPPPO, dated 10 Jun 02.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Jul 02.
    Exhibit F.  Letter, Applicant, not dated