RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03408

		COUNSEL: NONE 

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

He be considered for the promotion to the grade of Lt Col by a Special Selection Board (SSB) for the Calendar Year 2003A (CY03A) Lieutenant Colonel Central Selection Board with the inclusion of the Officer Performance Report (OPR) closing 1 June 2003.  
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APPLICANT CONTENDS THAT:

His June 2003 OPR, which was accomplished to meet the annual requirement, was fully signed and updated in PC-III/MilPDS by     24 June 2003, but was not made available to the selection board when it convened on 8 July 2003.  As a result, the most recent OPR in his records was from June 2002.  This one-year lapse in performance reports sent an unintended negative message to the board.  His supervisor comment on his intent to ensure the OPR was completed for the board.  He believes he exercised reasonable diligence to ensure his records were accurate and complete prior to the board convening.

Understanding the importance that the current OPR and a PCS-related Meritorious Service Medal (MSM) be a matter of record, he kept a close watch on both staff packages to ensure timely completion.  Additionally, he was completing outprocessing actions for a “continuous overseas tour” permanent change of station (PCS) on    7 July 2003; he reviewed his personal information in PC-III/MilPDS and noted that the most recent OPR date was 24 June 2003.  He took this to mean the June 2003 OPR was now a matter of record and would be made available to the board, so he focused his attention on the MSM decoration and completing necessary PCS actions.  He confirmed that the MSM was signed and faxed to the board on 3 July 2003.  Due to the 4th of July weekend and his PCS departure on 7 July 2003, he was unable to take further actions prior to the board convening.  He had every indication that both the OPR and the MSM would be available to the board when it convened on 8 July 2003.  The fact that he continued to follow the progress of the MSM decoration to completion shows that, had he known that the OPR was not yet in his records at AFPC, he would have taken all necessary actions to correct the situation.  He requests his records with the most recent OPR, be reviewed by the next special selection board to determine whether selection for promotion is warranted.
In support of his request, he submits an email of support from his supervisor.

Applicant’s complete submission, with attachments, is attached at Exhibit A.
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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the 2003A Lieutenant Colonel Central Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and stated officers considered by promotion boards have different closeout dates for their performance reports. For this reason they rely on AFI 36-2406, para 3.8.5.6, Officer and Enlisted Evaluation Systems, which states that OPRs on extended active duty officers are due at AFPC no later than 60 days following closeout of the report.  Since the applicant’s OPR closed out on 1 June 2003, it was not required to be on file until 1 August 2003.  Furthermore, many board eligible officers fall into this predicament.  Therefore, approving SSB consideration with a report not required to be on file would generate unfairness in the current promotion process.

In support of his appeal, the applicant provides a statement from the rater who supports the applicant’s appeal efforts.  The rater states “I am not certain why the OPR was not flagged to be expedited, but it was my intent to ensure that it was also received at AFPC in time for the board on 8 July 2003.  However, neither the applicant nor the rater explained what efforts were made prior to the board to ensure the OPR was filed in time for consideration.

AFPC/DPPPO complete evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that after 15 years of serving on active duty, it is disheartening to have a promotion come down to this system failure.  Every AFPC briefing he ever attended told him that it is critical to have up-to-date OPRs and awards. Having only three OPRs as a major makes this one even more important.  He understands that the AFI states his package was technically valid, but he knows his chances of promotion were greatly lessened by the absence of the OPR.  Given the circumstances, he believes he exercised reasonable diligence and requests a review by a SSB so that he can be more equitably evaluated for promotion.  He understands the SSB is no guarantee he will get promoted, but at least he will know his performance over the last year was taken into account.

Applicant’s complete response 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 an injustice.  We note that the OPR in question was not required to be on file at the time he was considered for promotion by the CY03A lieutenant colonel selection board.  However, his rater asserts that it was his intention that the contested report be a matter of record at the time the CY03A lieutenant colonel selection board convened.  This officer also asserts that he is certain that no one in the applicant’s rating chain intended that the report be absent from the applicant’s selection folder.  Having no basis to question this officer’s integrity, we accept the applicant’s assertion, in effect, that the contested report was not a matter of record at the time the selection board convened because of an administrative oversight on the part of his MPF.  Therefore, in the interest of equity and justice, he should be provided consideration for promotion by an SSB with the missing report a matter of record.

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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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 2 June 2002 through 1 June 2003, was accepted for file in his Officer Selection Record on 1 July 2003.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY03A Central Lieutenant Colonel Selection Board with the Field Grade Officer Performance Report, rendered for the period 2 June 2002 through 1 June 2003, included in his Officer Selection Record.
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The following members of the Board considered Docket Number BC-2003-03408 in Executive Session on 20 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, date 20 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 03.
    Exhibit E.  Applicant’s Response, dated 24 Dec 03.

                                   

AFBCMR BC-2003-03408

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 the Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 2 June 2002 through 1 June 2003 was accepted for file in his Officer Selection Record on 1 July 2003.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY03A Central Lieutenant Colonel Selection Board with the Field Grade Officer Performance Report, rendered for the period 2 June 2002 through 1 June 2003, included in his Officer Selection Record.