RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03669
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reconsidered for promotion to the grade of lieutenant colonel by the Fiscal Year 2003 (FY03) Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board, with inclusion of his Officer Performance Report (OPR) rendered for the period 1 May 01 through 30 Apr 02.

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APPLICANT CONTENDS THAT:

As a result of an administrative error on base, his OPR closing 30 Apr 02 was not included in his Officer Selection Record (OSR) for consideration by the FY03 Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board.

In support of his appeal, the applicant provided a statement from his commander (rater) and a copy of his OPR closing 30 Apr 02.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving in the Air Force Reserve in the grade of major, having been promoted to that grade on 9 Sep 97.  He has been credited with 30 years of satisfactory Federal service for retirement.

Applicant's OPR profile since 1994 follows:

	PERIOD ENDING	EVALUATION

	31 Oct 94	Meets Standards (NON-EAD)
	31 Oct 95	Meets Standards (NON-EAD)
	31 Oct 96	Meets Standards (NON-EAD)
	31 Oct 97	Meets Standards (NON-EAD)
	30 Apr 98	Meets Standards (NON-EAD)
	30 Apr 99	Meets Standards (NON-EAD)
	30 Apr 00	Meets Standards (NON-EAD)
  #  30 Apr 01	Meets Standards (NON-EAD)
	30 Apr 02	Meets Standards (NON-EAD)

# Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the FY93 Reserve of the Air Force Line and Health Professions Lieutenant Colonel Selection Board.

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AIR FORCE EVALUATION:

ARPC/DPB reviewed this application and recommended denial indicating that the OPR in question was not due for filing in the applicant’s OSR until 30 Jul 02.  OPRs are considered “late” if they are not received and filed in the OSR 90 days after the closeout date.  The 90 days are to provide for all the administrative checks and balances to insure the OPR is accurate once filed in the OSR.  To meet policy requirements, an OPR eligible for the board would have to have closed out on 27 Mar 02 or earlier and was not present in the OSR to have been considered “late” and create an error that would enable an officer to request reconsideration for promotion.

ARPC/DPB stated that while the applicant’s chain of command intended to place the OPR in his OSR in time for the board, the fact that the document was not there was not an error in his record.  The applicant’s Promotion Recommendation Form (PRF) was present in his record.

According to ARPC/DPB, the Air Force Reserve uses the PRF as both the nomination tool for a position vacancy promotion and to document an officer’s performance over the entire career, most particularly the most recent year if the “top” OPR is less than 15 months old (within one year of the board plus the 90-day window).

In ARPC/DPB’s view, there was no error in the applicant’s record when it met the board.  The OPR in question was not late for filing in the OSR, therefore, no error occurred.

A complete copy of the ARPC/DPB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 Dec 02 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  The applicant's complete submission was thoroughly reviewed, including the statement from his rater, and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation submitted in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  We note that the applicant’s OPR closing 30 Apr 02 was not required to be on file when the applicant was considered for promotion by the FY03 Line and Health Professions Lieutenant Colonel Position Vacancy Selection Board, which convened on 24 Jun 02.  While it appears that the applicant’s superiors attempted to have the report included in his OSR prior to the convening of the board, we note that the report was submitted prior to closeout date of the report and seems to have been returned to the applicant’s unit.  We further note that the OPR was subsequently accomplished after the board had adjourned.  No evidence has been presented which shows to our satisfaction that the applicant’s OPR closing 30 Apr 02 was not processed in a timely manner which precluded its inclusion in the applicant’s OSR prior to the convening of the board.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, 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 AFBCMR Docket Number 02-03669 in Executive Session on 25 Feb 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 25 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.