RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

		INDEX CODE 131.00 107.00 111.01
IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00968
		
	 	COUNSEL:  None

	 	HEARING DESIRED: Yes

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APPLICANT REQUESTS THAT:

The Supplemental Evaluation Sheet (SES), AF Form 77, for the period 6 Mar 95 through 5 Mar 96, be voided from his records or replaced with an Officer Performance Report (OPR); the citations for the Bronze Star and the Joint Service Commendation Medal (JSCM) be included in his selection folder; and he be afforded Special Selection Board (SSB) consideration for the Calendar Year 2003A (CY03A) Lieutenant Colonel (LTC) Central Selection Board.

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APPLICANT CONTENDS THAT:

Omission of a 6 Mar 95 - 5 Mar 96 OPR creates an unfavorable impression when meeting active duty promotion boards.  All applicable information was not made available to the CY03A LTC board.  The OPR for the period 6 Mar 95 through 5 Mar 96 was selectively not accomplished. Adequate documentation, to include command, exists for the period in question and is available.  Also, the Bronze Star and JSCM citations in support of Operations Southern Watch, Enduring Freedom, and Iraqi Freedom were not in his selection folder.

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

AFI 36-2402 stipulates no report is mandatory when separation is by involuntary discharge or release from active duty. 

Due to nonselection for promotion, the applicant was involuntarily discharged in the grade of captain on 29 Feb 96, and transferred to a Reserve unit on 1 Mar 96.  According to HQ AFPC/DPPPE, the applicant’s last report prior to discharge closed out on 5 Mar 95 and his next annual report was not due until 5 Mar 96, after his 29 Feb 96 discharge.

The applicant is currently serving on extended active duty in the grade of major as the Chief, Force Protection Resources & Training, Detachment 9, 9th Air Force Headquarters, 9th Aerospace Expeditionary Task Force at Sultan AB, Saudi Arabia.  

The applicant was considered, but not selected, for promotion to the grade of LTC by the CY03A selection board, which convened on 8 Jul 03.  The Promotion Recommendation Form (PRF) had an overall recommendation of “Promote.”  The contested SES commented, “Not rated for the above period [6 Mar 95 - 5 Mar 96].  Report not available for administrative reasons.” 

The Decoration section on the Officer Selection Brief (OSB) for the CY03A board reflected receipt of the Air Force Commendation Medal, 2nd Oak Leaf Cluster (OLC), the Joint Service Achievement Medal, and the Air Force Achievement Medal, 1st OLC.  The Bronze Star for the period 22 Jun 02 to 1 Jul 03 was published on 18 Sep 03.  Therefore, it was not a matter a record at the time the CY03A selection board convened.  

The JSCM citation provided by the applicant is not dated, nor did he provide a copy of the special order.  The Recommendation for the JSCM (AF Fm 3994) was signed on 3 Jun 03, and the CY03A board convened on 8 Jul 03.  

The applicant’s OPR profile since 1994 follows: 

				PERIOD ENDING	EVALUATION OF POTENTIAL 
				  2 Apr 94	         MS
				  5 Mar 95	         MS
				  5 Mar 96	Contested SES--See Note
				  2 Dec 96	    MS--See Note
				  2 Dec 97	         MS
				  8 Oct 98	         MS
				  8 Oct 99	         MS
				  8 Mar 00	         MS
				  8 Sep 01	         MS
				  4 Jul 02	    MS (Top Report)
				  1 Jul 03	  Meets Standards (MS)

[Note: HQ AFPC/DPPPE recommends the Board change the closeout date on the SES to “29 Feb 96” and the “from” date on the Reserve OPR closing 2 Dec 96 to “1 Mar 96.” See Exhibit C.]

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AIR FORCE EVALUATION:

HQ AFPC/DPPPE concedes that, when the applicant joined a Reserve unit on 1 Mar 96, there obviously was a gap in his performance reports since the last OPR closed out on 5 Mar 95.  HQ ARPC appropriately accomplished an SES to close the gap. Accomplishing the SES is the correct way to document gaps in records and is used for all Air Force members.  Technically, however, the contested SES should have been closed on 29 Feb 96 and the applicant’s first Reserve OPR should have started on 1 Mar 96 since he immediately joined the Reserves one day after his discharge.  The applicant has not provided a reaccomplished OPR for review.  Again, such a report for his last year on active duty was optional and it isn’t clear how any evaluators could provide an accurate assessment at this point.  They recommend denying the applicant’s request to remove the SES since there is no requirement for an OPR and the form merely documents a gap in the record.  However, they do recommend the closeout date on the form be corrected to “29 Feb 96” and the “from” date on the Reserve report closing 2 Dec 96 be changed from “6 Mar 96” to “1 Mar 96.”

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO has nothing to add and, since HQ AFPC/DPPPE recommends denial, SSB consideration is not warranted.  They do not agree that the Bronze Star was missing from the applicant’s record when it met the CY03A since the special order awarding him this decoration was published on 18 Sep 03, after the board convened on 8 Jul 03.  The citation would not have been included in his selection folder nor would it have been reflected in the official personnel data systems at the time the CY03A board convened.  Regarding the JSCM, they are unable to make a determination if this decoration should have been filed in the applicant’s selection folder for the CY03A board since he did not provide a copy of the special order nor was one filed.  SSB consideration should be denied on the basis of the SES, the Bronze Star and the JSCM.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates the contested SES is correct by Air Force policy but has a negative connotation as his commander chose not to accomplish an OPR.  An OPR would have included significant facts not indicated on the SES.  The BSM was not available at the time of the CY03A board because of protracted administrative processing.  The scheduling of the CY03A board didn’t allow enough time for the BSM to get into his records and almost too soon to get an OPR accomplished.  His first consideration for promotion should have been this year to allow sufficient time.  

A complete copy of applicant’s 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant replacing the contested SES with an OPR and affording the applicant SSB consideration with the Bronze Star and JSCM included in his records.  The applicant’s last OPR prior to discharge closed out on 5 Mar 95.  Accordingly, his next annual report would not have been due until 5 Mar 96, after his discharge on 29 Feb 96.  The governing directive indicates a report is not mandatory when separation is by involuntary discharge or release from active duty.  HQ ARPC appropriately accomplished the SES to close the “gap” from the date of his last active duty OPR to his first Reserve OPR.  An OPR for his last year on active duty was optional and the applicant did not provide a reaccomplished OPR to replace the SES.  As for the decorations in question, the Bronze Star was not published until after the CY03A board convened, and it is impossible to determine whether the JSCM was approved and published before the selection board as the applicant did not provide a copy of the special order.  Furthermore, we find no evidence from his rating chain indicating they intended these awards to be considered by the CY03A board.  In view of the foregoing and absent persuasive evidence to the contrary, we conclude the applicant’s requests should be denied. 

4.	We note HQ AFPC/DPPPE recommended the closing date of the contested SES be changed to “29 Feb 96” and the beginning date of the applicant’s first Reserve OPR be changed to “1 Mar 96” since he immediately joined the Reserves one day after his discharge.  We agree these technical inaccuracies should be amended; however, they do not warrant SSB consideration as they constitute harmless errors.  Therefore, we recommend the applicant’s records be corrected only to the extent indicated below. 

5.	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(s) involved. Therefore, the request for a hearing is not favorably considered.
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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 reporting period of the Supplemental Evaluation Sheet, AF Form 77, be changed from “6 March 1995 through 5 March 1996” to “6 March 1995 through 29 February 1996,” and the reporting period of the Company Grade Officer Performance Report, AF Form 707B, be changed from “6 March 1996 through 2 December 1996” to “1 March 1996 through 2 December 1996.”

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The following members of the Board considered this application in Executive Session on 9 September 2004 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2004-00968 was considered:

   Exhibit A.  DD Form 149, dated 5 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 30 Apr 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 15 Jun 04.
   Exhibit E.  Letter, SAF/MRBR, dated 18 Jun 04.
   Exhibit F.  Letter, Applicant, dated 18 Jul 04.

AFBCMR BC-2004-00968

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    , be corrected to show that the reporting period of the Supplemental Evaluation Sheet, AF Form 77, be changed from “6 March 1995 through 5 March 1996” to “6 March 1995 through 29 February 1996,” and the reporting period of the Company Grade Officer Performance Report, AF Form 707B, be changed from “6 March 1996 through 2 December 1996” to “1 March 1996 through 2 December 1996.”