RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00424

		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 Fiscal Year 2004 (FY04) Reserve Line Colonel Promotion Board with the inclusion of the Officer Performance Report (OPR) closing 30 September 2003.  
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APPLICANT CONTENDS THAT:

His most recent OPR closing out 30 September 2003 was not part of his selection board package, thus causing the board to consider his record without material information that should have been available in accordance with Air Force directives and policies.  His supervisor, Col XXX__, USAF, Commander, Combined Intelligence and Fusion Center, USNORTHCOM, and Col XXX__, senior USAF IMA to the USNORTHCOM/J-2, both stated that it was their intent that his OPR meet the board.  Though no fault of his own, USNORTHCOM did not transmit his OPR to ARPC in time to reach the promotion board.

Telephonic communications with the ARPC Promotion Selection Board Secretariat indicates the absence of his most recent OPR was highlighted by the selection board. In addition to not transmitting his OPR to the Selection Board in time, USNORTHCOM lost his OPR and he had to provide his inputs again to reconstruct it in December.  Hence the signatures dates occurring in January 2004.

In support of his appeal, he submits a copy of the OPR and AF Form 709, Promotion Recommendation (PRF).

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

The applicant is currently serving in the Air Force Reserve in the grade of lieutenant colonel.

Applicant was considered and not selected for promotion to the grade of colonel by the FY04 Colonel Promotion Board.

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AIR FORCE EVALUATION:

ARPC/DPB recommend denial stating that, because the OPR in question was not late, no error or injustice occurred to this officer.  The PRF combined with the complete official selection record (OSR) was presented to the selection board.  No information was missing when the board made its evaluation and decision.  

As stated by the applicant, the OPR closed-out 30 September 2003, approximately 3 weeks prior to the convening date of the board.  This OPR was not required to be filed in the applicant’s OSR until 30 December 2003.  All OPRs required for filing in an OSR for presentation to this selection board closed out 20 July 2003 or earlier.  Any OPR closing after this date is not considered late for placement in an OSR.  Therefore, it was not a “missing” piece of information required for the board to consider.  The OPR was signed by the applicant’s rater and additional rater, over three months after the board adjourned.  

The applicant states his supervisor intended to place the OPR in the applicant’s OSR; intent is not a fact.  The supervisor was clearly aware of the close-out date of the OPR and the convening date of the board, but did not sign the OPR until 9 January 2004, well after the board adjourned on 25 October 2003.  AFI 36-2406, Officer and Enlisted Evaluation Systems, allow 90 days from close-out of an OPR until required placement in the OSR.  This allows the rating chain the time needed to clearly and accurately report on the performance of any given officer.  Requiring any amount of time less than 90 days does not do justice to the officer whose performance is being rated.

The 90-day cut-off for placement of OPRs in an OSR is applied across the board for every grade at every selection board.  This is not unique to the colonel’s selection process.

ARPC/DPB complete copy of the evaluation is at Exhibit B. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 March 2004, for review and comment 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.  After thoroughly reviewing the applicant's complete submission, we are not persuaded that the applicant's records warrant reconsideration by an SSB for promotion to the grade of colonel.  In regard to the contested OPR closing out 30 September 2003, the Board is of the opinion that the report was not required to be on file at the time the FY04 colonel promotion board convened on           25 October 2003.  Applicant states that the rating chain intended for the contested report to be on file at the time the FY04 selection board convened but that the OPR was lost.  However, he has failed to provide documentation to support these allegations.  Therefore, in the absence of evidence to the contrary, we find no compelling basis 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 probable 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-2004-00424 in Executive Session on 13 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Feb 04.
    Exhibit B.  Letter, ARPC/DPB, dated 1 Mar 04.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Mar 04.

                                
                                   Panel Chair