RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00701
		INDEX CODE:  111.01, 131.01

			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be considered for promotion to the grade of lieutenant colonel by a special selection board (SSB) for the FY04 Line and Health Professions Lt Colonel Position Vacancy (PV) Selection Board with her Officer Performance Report (OPR) closing 2 Aug 91, included in her officer selection record (OSR).

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APPLICANT CONTENDS THAT:

Her OPR closing 2 Aug 91, was missing from her records when she met the 23 Jul 03 Lt Col promotion board, resulting in the review of an incomplete record.

In support of her appeal, applicant submitted a statement from the Director, Global Channel Operations.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving in the grade of major, with a promotion service date and date of rank of 1 Oct 98, as a Transportation Officer.

Applicant’s Officer Performance Reports (OPRs) for the last nine reporting periods, from 19 Feb 91 thru 26 Sep 03, reflect all performance factors as meeting standards (AF Form 77, reflects no reports available for the period 3 Aug 92 through 26 Sep 96, no report required according to AFR 36-2402).

Applicant’s OPR closing 2 Aug 91, was not in her file when she was considered and not selected for promotion by the FY04 Line and Health Professions Lt Colonel Position Vacancy (PV) Selection Board, which convened 23 Jun 03.

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AIR FORCE EVALUATION:

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

Applicant was considered but not selected by the FY04 Line and Health Professions Lt Colonel PV Selection Board, which convened on 23 Jun 03.

During her non-select counseling she was advised she did not have an advanced degree (most officers selected for early promotion (PV) have a master degree or more), her participation history showed non-participation that she could have addressed to the selection board (by writing a letter), and that there was an officer performance report (OPR) missing.

DPB opined the missing OPR was not a key factor in the officer’s non-selection.  She had previously been promoted in the USAFR without that document.  Taking responsibility for her promotion board image and reviewing the record prior to a board would have eliminated any question about the completeness of her record.  Based on statistical analysis of the board results, the most important factor in her non-selection was the lack of an advanced academic degree.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated her original contentions and stated in Sep 03 she was advised by HQ ARPC she would meet an SSB in Mar 04; however, in Dec 03 she was advised that she would not meet the SSB because they felt the administrative omission of her OPR did not warrant review consideration by the SSB.

Additionally, she indicates she applied due diligence by reviewing her records via Virtual MPF and by telephoning HQ ARPC on a regular basis.

Applicant’s complete submission 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting favorable action on the applicant’s request.  In this regard, we noted the letter of support from the applicant’s supervisor to the Board, indicating that although the performance report closing 2 Aug 91, was in the  applicant’s file at the Air Force Personnel Center (AFPC), it was not included in her promotion file, which was no fault of the applicant.  Additionally, we note that the Air Reserve Personnel Center has indicated that during her counseling, she was advised that, in all probability, the missing OPR did not have a significant impact on her non-selection.  Nevertheless, having no reason to question the facts as stated by the applicant’s supervisor, we do not believe the applicant should be penalized for events that were beyond her control.  Accordingly, we recommend the applicant receive promotion consideration by a special review board for promotion to the grade of lieutenant colonel. 

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, including the AF Form 707B, Company Grade Officer Performance Report, rendered for the period 19 February through 2 August 1991, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); that her record be evaluated in comparison with the records of officers who were and were not selected by the FY04 Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Selection Board, which convened on 23 June 2003; and, if she is recommended for promotion by a Special Review Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

If she is not recommended for promotion by the Special Review Board, the office of primary responsibility advise her of the recommendation of the Special Review Board.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00701 in Executive Session on 1 June 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jan 04, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 10 Mar 04, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.
     Exhibit E.  Letter, Applicant, date 5 Apr 04.

AFBCMR BC-2004-00701

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], including the AF Form 707B, Company Grade Officer Performance Report, rendered for the period 19 February through 2 August 1991, be considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special Review Board (SRB); that her record be evaluated in comparison with the records of officers who were and were not selected by the FY04 Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Selection Board, which convened on 23 June 2003; and, if she is recommended for promotion by a Special Review Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

	If she is not recommended for promotion by the Special Review Board, the office of primary responsibility advise her of the recommendation of the Special Review Board