RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00887
		INDEX CODE:  134.01

		COUNSEL:  XXXXX

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

Officer Performance Report (OPR) closing 26 Feb 01, be removed from his record and that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the FY02 and FY03 Air National Guard (ANG) Major Selection Boards.

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APPLICANT CONTENDS THAT:

He received a Letter of Reprimand (LOR) and consequently a referral OPR from the Air Force Reserve (AFRES) that he believes led to his nonselection by the FY02 Majors Board.  He transferred soon after to the Wyoming Air National Guard (WY ANG) where he met the FY03 promotion board.  He was nonselected by the FY03 board and was labeled a first time failure.  When, in fact, he was twice passed over to major (FY02 nonselect by the Reserve Major Board) and is now facing involuntary separation.  He contends that had his AFRES rating chain known that the LOR and Referral OPR would, in effect, be a catalyst for the end of his career, they would have found another way to document the behavior that instigated the LOR and Referral OPR.

Applicant contends that due to a 9-month deployment in support of Operation Enduring Freedom in Southeast Asia, he was denied the opportunity to prepare for the FY03 promotion board to major.  He was not able to review his Officer Selection Folder (OSF) and therefore not able to officially request to have the LOR and Referral OPR removed in preparation for the board.  He contends that the FY03 Board was unaware that he was already once passed over.

In support of his appeal, he submits statements from his AFRES chain of command that recommend removal of the Referral OPR and several letters of support from his ANG chain of command including the official request by his commander to have the LOR removed.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently a member of the Wyoming ANG.  He received a Letter of Reprimand (LOR) and a subsequent Referral OPR during the period 1 May 2000 through 26 February 2001 while a member of AFRES.  He met the FY02 Major Selection Promotion Board prior to leaving AFRES for appointment to the ANG and was non-selected.  He was non-selected again when he met the FY03 ANG Major Selection Promotion Board.  Consequently, he is now facing involuntary separation.  Applicant’s five (5) OPR’s prior to the Referral OPR were all rated “Meets Standards.”  Applicant’s two (2) OPR’s post Referral OPR were both rated “Meets Standards.”

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AIR FORCE EVALUATION:

AFRC/DPM reviewed this application and recommended denial of the request to remove the Referral OPR from the applicant’s record.  They note that the Evaluation Reports Appeal Board (ERAB) disapproved the applicant’s request to have the referral report removed from his record and that they agree with the ERABs conclusion.  DPM states that there is no evidence present nor any given that the report was in error.

DPM does recommend however, that based on the applicant not having the opportunity to review his Officer Selection Folder prior to the FY03 ANG Major Selection Board, that the applicant have the opportunity to meet an SSB since the LOR in his record has been removed.

DPM’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 May 2003 for review and comment within 30 days.  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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice in regard to applicant’s request that his referral Officer Performance Report (OPR) for the period 1 May 2000 through 26 February 2001 be removed from his record.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that no evidence has been provided to show that the referral report did not accurately reflect his performance at that time.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend the removal of the referral OPR.

4.  Notwithstanding the aforementioned, we note that the applicant did suffer an injustice in that he did not have sufficient time to properly prepare for the FY03 ANG Major Promotion Selection Board due to his participation in a combat deployment to Southeast Asia.  Consequently, the applicant’s record included a Letter of Reprimand (LOR) that should have been removed from his record prior to the convening of the FY03 ANG Major Promotion Selection Board but was not.  We believe that it would be an injustice for him to continue to suffer the adverse effects of a non-selection for promotion to major because of an inaccurate record.  Accordingly, we recommend that his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Hence, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to [applicant], be corrected to show that he be considered for promotion to the Reserve grade of major by Special Selection Board for the Fiscal Year 2003 ANG Major Promotion Selection Board.

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The following members of the Board considered this application in Executive Session on 17 July 2003, 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 26 Feb 03, w/atchs. 
    Exhibit B.  Letter, AFRC/DPM, dated 8 Apr 03.
    Exhibit C.  Letter, SAF/MRBR, dated 2 May 03.
    Exhibit D.  Letter, Applicant, dated 3 May 03.

                                   
                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-00887

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 he be considered for promotion to the Reserve grade of major by Special Selection Board for the Fiscal Year 2003 ANG Major Promotion Selection Board.

                                                                            XXXXXXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency