RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00534

		COUNSEL: NONE 

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

He be considered for the promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year 2002B (CY02B) Central Major Selection Board with the inclusion of the Officer Performance Report (OPR) closing 27 August 2002.  
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APPLICANT CONTENDS THAT:

On 23 January 2003, he received his non-select counseling from XXXX at AFPC and the very first question that she asked him was the closeout date on his most recent Officer Performance Report.  When he responded that the date was 27 August 2002, she said, “that explains it,” meaning his non-selection.  The most recent OPR that she had on file in his promotion record closed out on 15 October 2001.  Since that time, he had completed Squadron Officer’s School (SOS) in residence and had served as a flight commander in the 47 OSS--both of which are key to getting promotion to major.  

By the time that his 27 August 2002 report closed out, he had completed SOS for more than six months and had been a flight commander for more than four months.  His commander at the time, Lt Col D___, wrote a report on him that indicated these facts.  The report was signed by his senior rater, Col W__ on 26 September 2002--eight calendar days prior to the convening of the promotion board.  Normal procedure at this point would be for the local Military Personnel Flight (MPF) to fax a copy of the report and then to send the original via overnight mail to ensure its inclusion in the promotion record.  For reasons that nobody at MPF seems able to determine, neither of these things happened.  Instead, his report was picked up by our local MPF on 27 September 2002, mailed on 4 October 2002, and received at AFPC on 13 November 2002.  

Although his promotion record was legally complete at the time that it met the board, it was inaccurate in that it did not include the training that he had completed or the duties that he was fulfilling as flight commander.  According, he was passed over for major due to a clerical error.

In support of his request, he submits a copy of an OER, and training report.

Applicant’s complete submission, with attachments, is attached at Exhibit A.
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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of captain.

Applicant was considered and not selected for promotion to the grade of major by the 2002B  Major Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  Meanwhile, they agree with applicant’s contention that his 27 August 2002 OPR was not in his Officer Selection Record (OSR) when it met the 2002B Major Selection Board.  However, officers considered by promotion boards have different closeout dates.  For this reason they rely on AFI 36-2406, para 3.8.5.6, Officer and Enlisted Evaluation Systems, which states that OPRs on extended active duty officers are due at AFPC no later than 60 days following closeout of the report.  The applicant’s OPR, which closed out 27 August 2002, was not required to be on file until 27 October 2002.

The applicant also contends that the 2002B board was not aware of his completion of SOS.  They reviewed his OSR and found that his officer selection brief reflected his completion of SOS in residence in 2002. They also found that an AF Form 475, Education and Training Report (final report for his SOS), had been filed in his OSR on 16 May 2002, prior to the 2002B major selection board.  Therefore, SSB consideration is not warranted.

A complete copy of the Air Force evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 28 March 2003, for review and comment.  As of this date, no response has been received by this office.

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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 an injustice.  We note that the OPR in question was not required to be on file at the time he was considered for promotion by the CY02B major selection board.  However, his rater asserts that it was his intention that the contested report be a matter of record at the time the CY02B major selection board convened.  This officer also asserts that he is certain that no one in the applicant’s rating chain intended that the report be absent from the applicant’s selection folder.  Having no basis to question this officer’s integrity, we accept the applicant’s assertion, in effect, that the contested report was not a matter of record at the time the selection board convened because of an administrative oversight on the part of his MPF.  Therefore, in the interest of equity and justice, he should be provided consideration for promotion by an SSB with the missing report a matter of record.

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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 16 October 2001 through 27 August 2002, was accepted for file in his Officer Selection Record on 1 October 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 October 2002) Central Major Selection Board with the Company Grade Officer Performance Report, rendered for the period 16 October 2001 through 27 August 2002, included in his Officer Selection Record.
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The following members of the Board considered Docket Number BC-2003-00534 in Executive Session on 17 June 2003 and 24 June 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, date 21 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
    Exhitit E.  Letter, Rater, dated 24 Jun 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00534

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 (OPR), AF Form 707B, rendered for the period 16 October 2001 through 27 August 2002 was accepted for file in his Officer Selection Record on 1 October 2002.

	It is further directed that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the Calendar Year 2002B Central Major Selection Board with the Company Grade Officer Performance Report, with the above referenced OPR included in his records.

	
	Director
	Air Force Review Boards Agency