RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03820
		INDEX CODE:  131.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His record, to include the Officer Performance Report (OPR) rendered for the period 16 July 2002 through 27 May 03, be included in his selection record, be considered for promotion to the grade of lieutenant colonel for the Calendar Year 2003 (CY03) Lieutenant Colonel Central Selection Board by Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

His supervisor prepared the contested OPR prior to his departure in May 2003.  When he departed, the OPR only required the wing commander's edits and signature.  He met with the wing commander in June for promotion recommendation feedback and was assured the OPR would be in his record for the 8 July 2003 promotion board.  The OPR was not signed until 8 July 2003.  As a result, the most recent OPR in his selection record closed 15 July 2002 leaving a one-year gap in his reporting period prior to the board.

In support of his request, applicant provided, a chronology of events, copies of email communications, OPR draft inputs, and a copy of the contested OPR.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 1 Jun 88 and was voluntarily ordered to extended active duty on that same date.  He has been progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Oct 99.  He was considered and not selected to the grade of lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board which convened on 8 Jul 03.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states AFI 36-2406 states that OPRs are due at AFPC no later than 60 days following closeout of the report.  Since his OPR closed out on 27 May 03, it was not required to be on file until 27 Jul 03, after the 8 Jul 03 board date.  Many board eligible officers fall into this predicament.  Approving SSB consideration with a report not required to be on file would generate unfairness in the current promotion process.  The DPPPO 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 16 Jan 04 for review and comment within 30 days.  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 that would warrant corrective action.  We took notice of the applicant's complete submission in judging the merits of the case; however, after a thorough review of the evidence of record, it appears that the OPR was processed within the standards established by Air Force policy.  Further, absent corroborative statements from the applicant's rating chain indicating whether or not they intended for the OPR in question to be a matter of record when considered by the CY03 selection board, we are not persuaded that favorable consideration of this case is warranted.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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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-2003-03820 in Executive Session on 17 Feb 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 03, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.