RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00844
INDEX CODE:  131.03
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be reconsidered by a Special Selection Board (SSB) for the CY03A (P0503A) (8 July 03) Lieutenant Colonel Central Selection Board (CSB) with the inclusion of his Officer Performance Report (OPR) closing out 2 June 2003 in his Officer Selection Record (OSR).  In addition, his P0503A Officer Selection Brief (OSB) be corrected to show his 9 January 2003 assignment to an Air Operations Officer, CJ3 Operations, Air Force Branch, Combined/Joint Staff billet.

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APPLICANT CONTENDS THAT:

His missing OPR and duty assignment data were the basis for his nonselection for promotion to the grade of lieutenant colonel in-the-promotion zone (IPZ).  These errors were the result of a flawed administrative process and therefore out of his control.  

In support of his application, the applicant provides a personal statement, a copy of his OPR closing out 2 June 2003, and supporting statements from his rater and Air Force Advisor.  The applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

According to the military personnel data system, the applicant is currently serving on active duty with a Total Active Federal Military Service Date of 24 February 1989 and a projected date of separation of 28 February 2009.  His current grade is major with an effective date and a date of rank of 1 March 2000.  The following is a resume of the applicant’s performance ratings:

	PERIOD ENDING				OVERALL EVALUATION 

16 Jul 94 (Capt)					MS
16 Dec 94					Training Report (TR)
29 Dec 95							MS
29 Dec 96							MS
29 Dec 97							MS
19 Jun 98					Training Report (TR)
29 Dec 98							MS
29 Dec 99							MS
29 Dec 00 (Major)					MS
29 Dec 01							MS
05 Sep 02							MS
02 Jul 03							MS
07 Jan 04							MS

The applicant was considered and nonselected for promotion to the grade of lieutenant colonel by the Central Lieutenant Colonel Selection Boards, which convened on 8 July 2003 and 12 July 2004. 

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denying the applicant’s request for SSB consideration.  DPPPO states that they agree that the OPR closing 2 July 2003 and the assignment history entry effective 9 January 2003 were not a part of the applicant’s OSR reviewed by the P0503A CSB.  However, it is DPPPO’s opinion that the absence of this information is not justification for SSB consideration.  

DPPPO states that AFPC received an OPR on the applicant, closing out on 2 July 2003, which was accepted to file on 11 February 2004.  However, the applicant provided a Military Personnel Flight (MPF) certified copy of the same OPR with a correction to the close out date reflecting 2 June 2003.  They are unable to establish which report should be filed because the MPF “Certified True Copy” is inaccurate as it stands.  If the rater and additional rater stand by the 2 June 2003 report, it must be properly annotated, “Corrected Copy” and coordinated through the servicing Major Command Personnel Directorate and AFPC to make it official.  In addition, if the rater’s supervision began on 9 January 2003, like the applicant’s duty effective date, and the report close out date is 2 June 2003 (30 days prior to the rater’s Permanent Changer of Station) versus 2 July 2003, then the number of days of supervision must be changed from 175 to 145 days.  Regardless, either report (with a close out date of 2 June 2003 or 2 July 2003) was not required to be on file for the P0503A CSB.  Even if the Air Force Element (AFELM) administrative section had identified the requirement for a Change of Reporting Official (CRO) report upon the rater’s PCS, the report was still not required to be on file since AFI 36-2406, paragraph 3.8.5.6, Officer and Enlisted Evaluation Systems, states OPRs on EAD officers are due at HQ AFPC no later than 60 days following closeout of the report.  The applicant’s OPR, which closed out on 2 June 2003 or 2 July 2003, was not required to be filed in his OSR until 2 August 2003 or 2 September 2003 respectively, after the board convened.  

Regarding the missing assignment entry on the OSB, DPPPO states that DoD policy; in accordance with AFI 36-2501, paragraph 6.3.2.2; states SSBs will not convene if by exercising reasonable diligence, the officer should have discovered the error or omission and could have taken corrective action before the originally scheduled board convened.  The applicant claims the missing data on his OSB was through no fault of his own and he was not aware of the error until after the central board adjourned.  He makes the argument that his responsibility for ensuring the accuracy of his duty information stopped when he inprocessed at the AFELM, because the element had overall responsibility for personnel administration.  DPPPO does not argue that the duty title was not updated by the AFELM.  However, the question is not whether it was or was not updated upon inprocessing at his new unit but whether it was updated and reflected on the OSB before the original board convened.  Prior to a CSB, each officer eligible for the board is provided an OSB with instructions for reviewing it and taking corrective action if necessary.  The OPBs for the P0503A CSB were made available to the MPFs for further distribution to the officer on 14 March 2003, three months after the applicant inprocessed and well before the board convened on 8 July 2003.  The errors were clearly discoverable and fixable had the applicant carefully reviewed the OPB and taken the appropriate corrective action as reflected in the OPB instruction handout, as it was his responsibility to do so.  More importantly, although the OSB did not have the assignment entry listed, the board did have before it the Promotion Recommendation Form (PRF), showing his duty title/level of responsibility as Air Operations Officer, CJ3; AFELM HQ COMBINED FORCES COMMAND (CFC) YONGSAN AIN, REPUBLIC KOREA (ROK).  Therefore, the information was available to the board members for their consideration in rendering their promotion recommendation.

DPPPO recommends denying the applicant’s request for SSB consideration with the requested changes to his record.  However, if relief is granted, the OPR closing out 2 July 2003 must be corrected.  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 30 July 2004 for review and response within 30 days (Exhibit E).  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.  After reviewing the evidence of record, we note the applicant’s OSB did not reflect his current duty assignment at the time the board convened; however, evidence supports that his PRF, reviewed by the board, did reflect his correct duty title and level of responsibility.  In view of this fact, we are not persuaded that the absence of this information on his OSB caused his record to be so erroneous or misleading that the duly constituted selection board, vested with the discretionary authority to select officers for promotion, was unable to reach a reasonable decision concerning his promotability in relation to his peers.  Additionally, the applicant provides no evidence that he attempted to correct his own record even after receiving his OPB.  In reference to his OPR closing out on 2 June 2003, we note that it was not required to be on file in his P0503A CSB.  In view of the above, we agree with the opinions and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our decision.  Accordingly, the applicant’s request for SSB consideration 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 this application in Executive Session on 14 October 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00844:

	Exhibit A.  DD Form 149, dated 15 Dec 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPO, dated 20 Jul 04.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.