RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00693
		INDEX NUMBER:  131.00
	XXXXXXXXXXXXXXXXXXXX	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 (CY) 2002B Central Major Selection Board with the Officer Performance Report (OPR) rendered on him for the period 20 Jul 01 through 11 Sep 02 included in his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

Through no fault of his, and despite ample time for processing, his latest OPR, which documents strong performance in a very responsible position, was not provided for consideration by the CY02B Central Major Selection Board.

Despite reviewing his record prior to the promotion board, he could not prevent his OPR from being omitted from his OSR.  The board was denied the ability to fairly and accurately assess who was most qualified for promotion.

In support of his appeal, the applicant has provided letters of support from his rating chain.

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.  His Total Active Military Service Date (TAFMSD) is     1 Jul 93.  All OPRs rendered on the applicant reflect overall ratings of “meets standards.”  The applicant was considered and not selected for promotion to the grade of major by the CY02B Central Major Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  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 signed by his rater and additional rater on 23 Oct 02, and by his reviewer on 31 Oct 02 (twenty-eight days after the board convened).  As such, the OPR was not a matter of record for the CY02B promotion board.

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 indicates that his goal is not to dispute the board results, but to highlight the fact that the board decision was based on an incomplete view of his cumulative performance and potential.  After he was informed that he was not promoted, a review of his records by his squadron, group, and wing commanders only identified his missing OPR and two missing decorations as the only mistakes in his record.

While he understands that his OPR was not legally required to be included in his OSR, he disagrees that it was not a factor in his nonselection.  His last OPR covers 14 months of his Air Force career and equates to over 12 percent of his entire career not being documented.  Furthermore, it amplifies his increased levels of responsibilities while demonstrating his technical, professional, and leadership progression.  Due to a change in raters and a large number of days TDY in direct support of war on terrorism, his original closeout date in July was extended to September 2002.  This new closeout date, coupled with slow processing caused further delays in getting his OPR to AFPC in time for consideration by the board.  However, it was his squadron and group commanders’ intent to get the OPR on file in time for consideration by the board.

The missing OPR signifies his proven commitment to the Air Force, its mission, and people.  It highlights his performance and his day-to-day impact in his assigned squadron.  In addition, his OPR contains the statement by his commander, “My #1 squadron pilot.”  Based on this endorsement, he finds it hard to believe that the OPR’s exclusion was not a factor in his nonselection for promotion.

The applicant’s complete response, with attachment, 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 notes that the contested OPR covers a period of almost fourteen months.  Although the OPR is not late based on the indicated closeout date, based on a normal reporting period of 12 months, the OPR would have been required to be on file in time for the CY02B Central Major Selection Board.  Although the reporting period may have been extended due to valid reasons, e.g., deployments, etc., the Board believes that the extended reporting period effectively deprived the applicant of having an OPR on file, when he was considered for promotion, covering the most recent normal period that he is required to be rated.  Consequently, the applicant’s Officer Selection Record was incomplete.  While it cannot be conclusively determined that the missing OPR adversely impacted the applicant’s promotion opportunity, we believe the doubt created should be resolved in his favor.  Therefore, we recommend that the applicant’s record 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 20 July 2001 through 11 September 2002, was signed by the Rater in Section VI on 25 September 2002, the Additional Rater in Section VII on 25 September 2002, and the Reviewer in Section VIII on 27 September 2002; and that it was accepted for file in his Officer Selection Record on or before 30 September 2002.

It is further recommended that he be considered for promotion to the grade of major by the CY02B Central Major Promotion Selection Board with the corrected record.

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The following members of the Board considered Docket Number BC-2003-00693 in Executive Session on 4 Jun 03, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 4 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 26 Mar 03.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.
     Exhibit E.  Memorandum, Applicant, dated 29 Apr 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00693

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 XXXXX , XXX-XX-XXXX, be corrected to show that the Company Grade Officer Performance Report, AF Form 707B, rendered for the period 20 July 2001 through 11 September 2002, was signed by the Rater in Section VI on 25 September 2002, the Additional Rater in Section VII on 25 September 2002, and the Reviewer in Section VIII on 27 September 2002; and that it was accepted for file in his Officer Selection Record on or before 30 September 2002.

	It is further directed that he be considered for promotion to the grade of major by the CY02B Central Major Promotion Selection Board with the corrected record.

		
		Director
		Air Force Review Boards Agency