RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00065
		INDEX NUMBER:  131.00
	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be considered for promotion to major by a special selection board (SSB) for the calendar year 2002B (CY02B) Central Major Selection Board with the Officer Performance Report rendered on him for the period 1 Mar 02 through 15 Aug 02 included in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

The OPR rendered on him closing out 15 Aug 02 was not in his OSR when he was considered for promotion to major by the CY02B Central Major Selection Board, which convened on 3 Oct 02.  Additionally, he is not certain if his latest decoration was included.

He made several attempts to ensure his records would be posted on time.  In support of his appeal, he provides copies of e-mails discussing his OPR and decoration.

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

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STATEMENT OF FACTS:

The applicant is serving on active duty in the grade of captain.  His Total Active Federal Military Service Date is 28 Dec 93.  A review of the applicant’s OPRs included in his records indicates overall ratings of “meets standards.”  The applicant was considered but not selected for promotion to major by the CY02B Central Major Promotion Selection Board.  The additional rater and reviewer did not sign the OPR closing 15 Aug 02 until 24 Oct and 30 Oct 02, respectively.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.

They agree that the OPR closing 15 Aug 02 was not in his records when he was considered for promotion by the CY02B promotion selection board.  AFI 36-2406, paragraph 3.8.5.6, Officer and Enlisted Evaluation Systems, states that OPRs on extended active duty officers are due at HQ AFPC no later than 60 days following closeout of the report.  The applicant’s OPR was not required to be on file until 15 Oct 02, after the promotion board had convened.

They reviewed the applicant’s OSR regarding his decoration and found that although the decoration was not listed on his Officer Selection Brief (OSB), the citation was filed in his OSR for the board’s review.  The stamped date of 3 Oct 02 on the citation indicates that it was filed in the applicant’s OSR the same day the board convened.

The complete 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 the applicant on 14 Mar 03 for review and comment within 30 days.  To date, a response has not been received.

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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.  As noted, as of the date of the promotion selection board, the applicant’s OPR was not required to be on file in accordance with pertinent Air Force instructions.  In regard to the referenced decoration, although not reflected on his officer selection brief, the citation for award of the AFCM (1OLC) was a part of his officer selection record and, therefore, available for the promotion selection board’s review.  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 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 BC-2003-00065 in Executive Session on 7 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 3 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 03.