RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01373

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His duty history on the Officer Selection Brief (OSB) and duty title on the Promotion Recommendation Form (PRF) prepared for the Calendar Year 2001B (CY01B) Lieutenant Colonel Central Selection Board (P0501B) be corrected, and his corrected record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY01B board.

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THE APPLICANT CONTENDS THAT:

Due to incorrect data on his Officer Performance Report (OPR), closing 8 September 2001, his PRF and duty history were incorrect when considered by the P0501B board.

The applicant states that he departed PCS on 16 July 2001 and did not receive a copy of his OPR and PRF until two weeks after the P0501B board convened.  His supervisor departed prior to the closeout date of his OPR.  The reason for the report was a change in reporting official (CRO), rather than annual, and the closeout date of the report should have been 16 June 2001.  As a result, the wrong duty title appeared on the PRF prepared for the P0501B board and wrong duty history on the OSB.

In support of the appeal, the applicant submits copies of his Permanent Change of Station (PCS) orders, travel voucher, contested OPR and PRF, and a letter stating receipt of PRF on 20 November 2001.

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

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STATEMENT OF FACTS:

The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY99B, CY00A, CY01B (P0501B), and CY02B selection boards.  The PRF prepared for the P0501B board listed his duty title as Strategic Planning Officer and the OSB listed his duty title as Special Tactics Liason (sic), effective 1 August 2001.  The OPR, closing 8 September 2001, listed his duty title as Chief, Wargaming Branch.

In a letter, dated 12 May 2003, he was notified that the Evaluation Report Appeals Board (ERAB) favorably considered his request that the OPR, closing 8 September 2001, should be corrected to reflect a closing date of 16 June 2001 and a reason for the report of CRO.  As a result, the ERAB also changed the from date of the 19 July 2002 report to reflect 17 June 2001 and a new closing date of 16 June 2002, and the reason for the report to annual.  His Officer Selection Record (OSR) was also corrected.

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AIR FORCE EVALUATIONS:

AFPC/DPPPE recommends the application be denied and states, in part, that the applicant does not state what action he took when he received his Officer Pre-selection Brief (OPB) to ensure his duty information was accurate prior to the preparation of his PRF.  He also does not state what actions he took prior to the board to retrieve a copy of his PRF.  In addition, he does not provide the required senior rater and management level review (MLR) president support or a revised PRF with the corrected duty title.

The AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO recommends the application be denied and states, in part, that the changes to the applicant’s OPRs are considered minor/administrative and do not warrant SSB consideration.  Furthermore, the correction to the closing date of the OPR closing 8 September 2001 had no bearing on the duty title effective 9 September 2000.  The Military Personnel Data System (MilPDS) erroneously reflected his duty title entry with an effective date of 8 September 2000, rather than 9 September 2000.  As such, they suggest he contact his Military Personnel Flight (MPF) for updating of the corrective effective date for the duty title entry.  AFPC/DPPPO does not recommend SSB consideration since he did not demonstrate reasonable diligence in correcting the errors prior to the P0501B board convening.

The AFPC/DPPPO evaluation, with attachments, is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 11 July 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  In this respect, we note that the corrections made to his OPRs are considered minor and administrative.  As such, we do not believe they warrant SSB consideration.  In addition, he has failed to provide any support from the senior rater of the contested PRF and Management Level Review (MLR) president.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The offices of primary responsibility have adequately addressed applicant’s contentions and we agree with their opinions and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material 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 Docket Number BC-2003-01229 in Executive Session on 23 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 6 Jun 03.
    Exhibit D.  Letter, AFPC/DPPPO, dated 1 Jul 03.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Jul 03.