RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01566
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel by a special selection board (SSB) for the FY03 USAFR Colonel Selection Board with his Officer Performance Report (OPR) closing 5 Oct 02, included in his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

His OPR closing 5 Oct 02 was not completed in a timely manner and subsequently was not included in his selection folder when his records were considered during the FY03 Colonel Selection Board.  He believes if this report had been available, he would have been more competitive because he had served as a squadron commander, a vice group commander, was promoted to Lt Col below the zone, and had completed all available professional military education (PME).

In support of his appeal, applicant submitted a computer printout listing his duty and promotion history, and a statement from the additional rater on the contested report, who was also his senior rater, explaining why the applicant’s OPR may not have been accomplished on time.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s total federal commissioned service date/total years service date (TFCSD/TYSD) is 27 Sep 79.  He is currently serving in the grade of lieutenant colonel, with a date of rank of 18 Sep 98.  His duty title is Assistant Division Chief, Maintenance Division, with an effective duty date of 1 Nov 02.

Applicant’s Officer Performance Reports (OPRs) for the last five reporting periods, from 11 Jan 98 thru 5 Oct 02, reflect all performance factors as meeting standards.

Applicant’s OPR closing 5 Oct 01 was the top OPR on file when he was considered and not selected for promotion by the FY03 Colonel Selection Board which convened 21 Oct 02.

The OPR rendered for the period 6 Oct 01 through 5 Oct 02, was signed by the rater and additional rater on 5 Oct 02.

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AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They provided the following analysis of the case:

		a.  Applicant was considered but not selected by the FY03 USAFR Colonel (SelRes) Selection Board, which convened on 21 Oct 02.

		b.  When his records met the board, there were no OPRs missing from his selection folder.  All OPRs required to be filed were available and presented to the selection board.  For an OPR to be considered “missing” or late to file for a selection board, the close-out date of the OPR must be 91 or more days prior to the convening of a selection board.  For the FY03 Colonels Selection Board, any OPR closing 22 Jul 02 or earlier, and not in the selection record at the time of the board, would be considered late.  A late OPR would therefore be an indicator of possible special selection board consideration.

		c.  The adoption of the AF Form 709, Promotion Recommendation Form (PRF), for promotion to the grades of lt col and col was to eliminate the previous requirement for a “Directed by HAF” OPR at each promotion opportunity.  The applicant’s selection record did contain a PRF for the FY03 Colonel Selection Board.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 May 03 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  By regulation, the OPR closing 5 Oct 02 was not required to be filed in the applicant’s records until 60 days after the closeout date.  Therefore, it was not required to be filed in his Officer Selection Record (OSR) for consideration by the FY03 USAFR Colonel Selection Board which convened on 21 Oct 02.  We noted the statement provided by the additional rater on the 2 Oct 02 OPR, who indicated the report was either never accomplished or was lost in the system prior to being posted to the applicant’s official personnel file.  However, the convening dates of selections boards are widely publicized.  Therefore, it was incumbent upon the members of the applicant’s rating chain to follow the processing of the OPR to insure that it reached his selection folder prior to the convening of the promotion board, if they desired it to be considered.  In view of the foregoing, and in the absence of persuasive evidence that the applicant’s records were improperly constituted when he was considered for promotion by the FY03 USAFR Colonel Selection Board, we conclude that there is no basis upon which to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2003-01566 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 May 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 16 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.

                                   Panel Chair