RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00367
		INDEX CODE:  131.00, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY02B Central Major Selection Board (P0402B), with his Officer Performance Report (OPR), closing 10 June 2002, and his Meritorious Service Medal (MSM) as part of his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

As a result of his permanent change of station (PCS) from Robins AFB to Malmstrom AFB in June 2002, he was unable to ensure the OPR in question was filed in his selection record.  Additionally, he was awarded an MSM upon his PCS that was not in his P0402B OSR for the board’s consideration.

In support of his request, applicant submits copies of his OPR closing 10 June 2002, MSM citation and special order, PCS orders, AFI 36-2401 application and a master eligibility listing.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 15 March 1993.  He is currently serving on active duty in the grade of captain, with an effective date and date of rank of 28 January 1997.  He received eight (8) Officer Performance Reports (OPRs) in the grade of captain, in which the overall evaluations were “Meets Standards.”  The applicant was considered and nonselected for promotion by the CY02B (P0402B) Central Major Selection Board, which convened on 3 October 2002.  The OPR, closing 26 July 2001, was the top report at the time he was considered and nonselected for promotion by the P0402B selection board.

A similar appeal by the applicant, under Air Force Instruction (AFI) 36-2401, was considered and returned without action by the Evaluation Report Appeal Board (ERAB) on 7 January 2003.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPO, recommends the application be partially approved.  DPPPO concurs with the applicant’s contention that his 10 June 2002 OPR should have been a part of his OSR when it was reviewed by the P0402B selection board.  Therefore, SSB consideration is warranted.  However, DPPPO disagrees with the applicant’s contention that his MSM was missing from his OSR when it met the P0402B selection board.  Although the period of the decoration was through 22 June 2002, the orders were not published until 13 November 2002.  The governing Air Force instruction stipulates that the rating chain has up to two years to submit a recommendation for decoration after the service was performed.  For purposes of including the MSM in a board that convened on 3 October 2002, the decoration did not yet exist.  The decoration was not required to be updated in the Military Personnel Data System and on file in the applicant’s record until 13 December 2002.  A complete copy of this evaluation is appended 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 18 April 2003 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the Air Force office of primary responsibility that the applicant’s OPR, closing 10 June 2002, should have been a part of his Officer Selection Record (OSR) when it was reviewed by the CY02B (P0402B) Central Major Selection Board.  With regard to the Meritorious Service Medal (MSM), we find no basis to favorably consider this portion of the applicant’s request since the orders awarding the medal were not published until after the P0402B selection board adjourned.  In view of the foregoing, we conclude that the applicant suffered an injustice, as a result of the omission of the OPR from his records, and that he should be afforded Special Selection Board (SSB) consideration by the CY02B Central Major Selection Board and we so recommend.
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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 27 July 2001 through 10 June 2002, was accepted for file in his Officer Selection Record (OSR) on or before 3 October 2002.

It is further recommended that he be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2002B Central Major Selection Board.
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The following members of the Board considered Docket Number BC-2003-00367 in Executive Session on 18 June 2003, under the provisions of AFI 36-2603:

	            Vice Chair
	            Member
              Member

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

   Exhibit A.  DD Form 149, dated 22 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 14 Apr 03.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.

                                   
                                   Vice Chair

AFBCMR BC-2003-00367

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 APPLICANT be corrected to show that the Company Grade Officer Performance Report, AF Form 707B, rendered for the period 27 July 2001 through 10 June 2002, was accepted for file in his Officer Selection Record (OSR) on or before 3 October 2002.

It is further directed that he be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2002B Central Major Selection Board.

		
                                     	Director
                                     	Air Force Review Boards Agency