RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC 2002-04081
		INDEX NUMBER:  131.00
	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered on him for the period 21 Jul 01 through 20 Jul 02 be included in his officer selection record (OSR) for the calendar year 2002B (CY02B) (3 Oct 02) Central Major Selection Board.

He be granted promotion consideration to the grade of major by special selection board (SSB) for the CY02B Central Major Selection Board with his record corrected as indicated above.

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APPLICANT CONTENDS THAT:

The OPR rendered on him for the period 21 Jul 01 through 20 Jul 02 was not completed until 9 Oct 02 and, therefore, not included in his OSR.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of captain.  He was considered but not selected for promotion to the grade of major by the CY02B Central Major Selection Board.  A review of his OPRs indicates overall ratings of “meets standards.”

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  Although AFI 36-2406, paragraph 3.8.5.6, states that OPRs on extended active duty (EAD) officers are due at HQ AFPC no later than 60 days following closeout of the report, the applicant’s OPR was not signed until 9 Oct 02, three days after the promotion board convened.  As such, the OPR was not a matter of record.  Furthermore, the applicant did not provide any supporting documentation from his evaluators explaining the delay in processing the OPR.

Additionally, each officer eligible for promotion is advised of the entitlement to communicate with the board president.  The applicant could have used this means to inform the board president of the accomplishments covered in the missing OPR, but chose not to.

While it may be argued that the missing OPR was a factor in the applicant’s nonselection, there is no clear evidence that its absence negatively impacted his promotion opportunity.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant addressed each contention expressed within.  The applicant asserts that although his OPR was not signed until after the 60‑day requirement to be on file, it did not eliminate the requirement for the OPR to be included in his OSR.  In regards to the lack of supporting documentation from his rating chain explaining why the OPR was processed late, the applicant provides statements from his rating chain as well as his orderly room.  He states that he did not write the board president because he had been previously told that he could not write the board about anything that was supposed to be a part of his permanent record.  He also disagrees with the Air Force’s view that there is no evidence that the missing OPR negatively impacted his promotion opportunity.

The applicant’s complete response, with attachments, 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.  The Board does not believe the applicant should be penalized for actions that were completely out of his control.  The records show that the applicant’s OPR was not completed and filed within the timeframe mandated by the pertinent Air Force Instruction.  As such, the applicant was considered for promotion without his most recent performance documented.  We do not believe that the applicant’s option to write the promotion board president is an acceptable alternative to the required report being on file.  Finally, we note AFPC/DPPPO’s assertion that there is no clear evidence that the OPR’s absence negatively impacted the applicant’s promotion opportunity.  We also note that they state that it may be argued that the “missing” OPR was a factor in the applicant’s nonselection for promotion.  We believe that any doubt that exists regarding the impact of this OPR should be resolved in the applicant’s favor.  Therefore, we recommend that the applicant’s records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Company Grade Officer Performance Report, AF Form 707B, rendered for the period 21 July 2001 through 20 July 2002, was signed by the Rater in Section VI on 1 September 2002, the Additional Rater in Section VII on 2 September 2002, and the Reviewer in Section VIII on 3 September 2002; and, that it was accepted for file in his Officer Selection Record on 4 September 2002.

It is further recommended that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY02B (3 Oct 02) Central Major Selection Board with the corrected Company Grade Officer Performance Report, rendered for the period 21 July 2001 through 20 July 2002, included in his Officer Selection Record.
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The following members of the Board considered Docket Number BC-2002-04081 in Executive Session on 1 April 2003, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 20 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 31 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit E.  Memorandum, Applicant, dated 13 Mar 03,
                 w/atchs.

                                   	

AFBCMR BC-2002-04081

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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that the Company Grade Officer Performance Report, AF Form 707B, rendered for the period 21 July 2001 through 20 July 2002, was signed by the Rater in Section VI on 1 September 2002, the Additional Rater in Section VII on 2 September 2002, and the Reviewer in Section VIII on 3 September 2002; and, that it was accepted for file in his Officer Selection Record on 4 September 2002.

	It is further directed that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY02B (3 October 2002) Central Major Selection Board with the corrected Company Grade Officer Performance Report, rendered for the period 21 July 2001 through 20 July 2002, included in his Officer Selection Record.