RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01219
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared for the Calendar Year 2001B (CY01B) Colonel Selection Board be corrected to include his Officer Performance Report (OPR), rendered for the period 13 April 2001 through 18 October 2001 and that he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the Calendar Year 2001B (CY01B) Colonel Selection Board.

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APPLICANT CONTENDS THAT:

The CY01B Colonel Selection Board did not review his complete record.  The contested OPR closed out on 18 October 2001 and was not endorsed by the additional rater until 27 November 2001.  The OPR was not in his OSR at the time the selection board convened on 3 December 2001.

In support of his appeal, the applicant provided a copy of the Officer Selection Record (OSR) prepared for the CY01B colonel Selection Board, the contested Officer Performance Report closing 18 October 2001, and other documentation.

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

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of lieutenant colonel effective and with a date of rank (DOR) of 1 March 1997.

Applicant was considered and not selected for promotion to the grade of colonel by the CY01A (18 January 2001), CY01B (3 December 2001), and the CY02B (3 December 2002) Central Colonel Selection Boards.

OPR profile since 1995 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

			12 Apr 95		Meets Standards (MS)
			12 Apr 96				(MS)
			12 Apr 97				(MS)
			12 Apr 98				(MS)
			12 Apr 99				(MS)
			12 Apr 00				(MS)
		   ##  12 Apr 01				(MS)
		    #	18 Oct 01				(MS)
			25 Jun 02				(MS)

# Contested Report
## Top Report for the CY01B Board

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated that they agree with the applicant’s contention that his 18 October 2001 OPR, written as a result of a change of reporting official (CRO), was not in his OSR when it met the CY01B board.  In accordance with AFI 36-2406, paragraph 3.8.5.6, Officer and Enlisted Evaluation Systems, OPRS are due at HQ AFPC no later than 60 days following closeout of the report.  The applicant’s OPR, which closed out 18 October 2001, was not required to be on file until 18 December 2001.  Additionally, each officer eligible for promotion consideration is advised of the entitlement to communicate with the board president.  The applicant could have used this means to inform the board president of the accomplishments covered in his missing OPR.  However, they have verified the applicant elected not to exercise this entitlement.  While it may be argued that the missing 18 October 2001 OPR was a factor in the applicant’s nonselection, there is no clear evidence that it negatively impacted his promotion opportunity.  

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Applicant’s contentions are duly noted; however, after thoroughly reviewing the evidence of record, we are not persuaded that his records were incomplete at the time he was considered for promotion to the grade of colonel by the CY01B central colonel selection board.  The applicant contends that the Officer Performance Report (OPR) rendered for the period 13 April 2001 through 18 October 2001 was not in his Officer Selection Record (OSR) when it met the CY01B Colonel Selection Board.  He further contends that since the additional rater did not endorse the report until 27 November 2001, his record was not complete when it was considered by the selection board and as such, his record was unjustly represented.  While it is true that the OPR was not on file in the applicant’s OSR, it was not required to be on file until 18 December 2001.  Although the OPR closed out on 18 October 2001, as noted by the Air Force, OPRs are due at HQ AFPC no later than 60 days following closeout of the report, in the applicant’s case, it was due no later than 18 December 2001.  We note that the applicant could have communicated with the board president to inform him of the accomplishments covered in his missing OPR; however, he did not exercise this entitlement.  It is noted that there are no indications from the applicant’s rating chain that it was their intent to have the contested report in his record in time for the selection board.  The Board would be willing to review his request for possible reconsideration if applicant’s rating chain provides evidence that it was their specific intent to have the OPR considered at his promotion board and explain why that failed to occur.  In view of the foregoing, absent a showing from his rating chain that it was their intent to have the OPR on file at the time the selection board convened, we find no compelling basis upon which to recommend granting the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2003-01219 in Executive Session on 10 July 2003 under the provisions of AFI 36-2603:

  
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 March 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 22 May 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 30 May 2003.