RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01653
		INDEX CODE 131.01, 110.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be afforded Special Selection Board (SSB) consideration by the Calendar Year 2002B (CY02B) Below-the-Promotion-Zone (BPZ) Colonel Central Selection Board with inclusion of his Officer Performance Report (OPR) closing 30 Nov 02, and the previously awarded “Definitely Promote (DP)” Promotion Recommendation Form (PRF) from the National Defense University (NDU) President, and the following corrections to the CY02B Officer Selection Brief (OSB):

	     a.  The Assignment History section include his assignments as Chief of Staff/Senior Military Fellow, NDU, effective 14 Jun 02, and Special Assistant to the Chairman, Joint Chiefs of Staff, OCJCS, effective 1 Dec 02.

	     b.  The Joint Reporting Category and Joint Duty History sections indicate “Joint Staff.”

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APPLICANT CONTENDS THAT:

His records had errors despite repeated efforts to correct them prior to the CY02B board.  Because the corrections were not accomplished by HQ AFPC in time, his record failed to indicate he was promoted to NDU Chief of Staff and was Special Assistant to the CJCS, and did not include his 30 Nov 02 OPR from the NDU President.  His duty history remained inaccurate even though an NDU Dean and the Senior Special Assistant to the CJCS called AFPC offering to fax/hand-carry papers themselves to expedite corrections.  Wrong records created an inaccurate picture for the promotion board.  He provides a timeline pertaining to his move from NDU to his by-name move to the OCJCS.

Included is a supporting statement from the NDU President (the rater of the missing OPR and the CY02B PRF senior rater), who confirms the CJCS by-name request for the applicant in Oct 02 and the assignment effective date as 1 Dec 02.  The NDU President asserts he rated the applicant his #1 of 14 selectively hired lieutenant colonels and gave him his only “DP.”  The Special Assistant to the CJCS asserts the applicant’s record was incomplete without the 30 Nov 02 OPR, which was completed, but not filed, in time for the board.  He supports the applicant’s request.  

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

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of lieutenant colonel (colonel selectee).  

He was considered BPZ, but not selected, for promotion to the grade of colonel by the CY02B board, which convened on 3 Dec 02.  The PRF reflected an overall recommendation of “DP” and the senior rater’s comment that the applicant was his #1 of 14 lieutenant colonels.  The applicant’s duty history on the CY02B OSB did not include his assignment as Chief of Staff/Senior Military Fellow, NDU, effective 14 Jun 02, and as Special Assistant/CJCS, effective 1 Dec 02.  The Joint Reporting Category and Joint Duty History sections did not reflect “Joint Staff.”

The 30 Nov 02 OPR was signed by the NDU President on 30 Nov 02; however, the Air Force Advisor did not sign the OPR until 29 May 03, five months after the CY02B Board had convened.

On 5 Jun 03, the applicant filed a similar appeal with the Evaluation Reports Appeal Board (ERAB).  The ERAB advised by letter, dated 14 Aug 03, that the 30 Nov 02 OPR was not required to be on file until approximately 30 Jan 03, after the CY02B board, and suggested the applicant file an appeal with the AFBFCMR.   

The applicant was considered In-the-Promotion-Zone (IPZ) and selected for promotion to the grade of colonel by the CY03B selection board, which convened on 27 Oct 03.  The CY03B OSB reflected the requested data, and the PRF had an overall recommendation of “DP.”  Pursuant to an inquiry by the AFBCMR Staff, HQ AFPC/DPPPOO informally advised by email they estimate the applicant may pin-on approximately 1 Jun 05. 

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AIR FORCE EVALUATION:

HQ AFPC/DPAO confirms the CY02B OSB contained erroneous duty history information and provides a timeline showing AFPC processing events and dates for the applicant’s requested move from NDU to JCS.  They defer SSB consideration to HQ AFPC/DPPPO.

A complete copy of the evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPO notes the rater did not indicate what efforts he made after his signature on the OPR to ensure the report was expeditiously processed and filed in the applicant’s selection record in time for the board.  AFI 36-2406 requires OPRs to be filed at HQ AFPC no later than 60 days following the closeout of the report.  The OPR was not required to be on file until 30 Jan 03.  Further, the Air Force Advisor signed the report after the CY02B board.  Granting SSB consideration to include a report not required to be on file would generate unfairness in the current promotion system.  They recommend SSB consideration based on the applicant’s assignment and joint duty history errors on the CY02B OSB; however, the 30 Nov 02 OPR should not be included.

A complete copy of the evaluation, with attachment, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues the crux of the AFPC argument against inclusion of the 30 Nov 02 OPR is that AFPC was not “required” by the AFI to include his OPR in the promotion folder because it was inside 60 days, with a secondary argument that the CJCS needed 45 days’ notice for his joint waiver.  However, but for numerous administrative delays at many levels, AFPC would have accepted and posted the OPR in time for the board.  If his assignment had been posted in the computer in a timely manner, the duty title and OSB issue would be moot--AFPC may not be required by instructions to include OPRs written within 60 days of the board, but they are allowed, and in practice do, include OPRs and other corrections within 60 days of a board.  The events which led to an incomplete promotion record meeting the CY02B board were certainly not pure, and a corrected, complete promotion record should meet an SSB for the sake of fairness and the intent of his very senior flag supervisors.  The applicant also provides a six-page point-by-point discussion of the evaluations and the issues.  He concludes that if the assignment had been recorded correctly and in a timely manner, the promotion board would have accepted the OPR.  His supervisors believe a corrected, complete promotion record, including one reflecting he was Special Assistant to the CJCS and the 30 Nov 02 report, should meet an SSB. 

The Special Assistant to the JCS Chairman (the applicant’s present rater) indicates in her statement that her predecessor made her aware of the applicant’s promotion record problem.  She asserts the applicant’s senior raters intended the 30 Nov 02 OPR to be included in his CY02B selection record.  She strongly urges the Board to grant SSB consideration with this report included in the applicant’s record.

A complete copy of applicant’s response, with attachments, 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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting SSB consideration for the CY02B selection board with a corrected OSB and the inclusion of the 30 Nov 02 OPR.  As acknowledged by HQ AFPC, the applicant’s CY02B OSB clearly omitted significant duty history information.  Further, the supporting statements provided by the applicant assert the missing OPR was completed in time for the selection board’s review but administrative delays prevented its inclusion in the applicant’s selection folder.  We find no basis to question the integrity and intentions of the NDU president and the Special Assistants to the CJCS.  Since the applicant’s promotion opportunities may have been adversely impacted by these errors, we recommend his records be corrected as indicated below and he be afforded SSB consideration.  The applicant should know that, unless he raises some subsequent objection, standard operating procedures would use the same “Definitely Promote” PRF considered by the CY02B board for the SSB. 
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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:

	a.  The date in Section IX of the Field Grade Officer Performance Report, AF Form 707A, closing 30 November 2002, be changed from “29 May 2003” to “1 December 2002.”

	b.  The Officer Selection Brief for the Calendar Year 2002B (CY02B) Colonel Central Selection Board reflect in the Assignment History section his assignments as Chief of Staff/Senior Military Fellow, NDU, effective 14 June 2002, and Special Assistant to the Chairman, Joint Chiefs of Staff, OCJCS, effective 1 December 2002; and include “Joint Staff” in the Joint Reporting Category and Joint Duty History sections.

It is further recommended that his records, to include the OPR closing 30 November 2002, be considered for promotion to the grade of colonel by a Special Selection Board for the CY02B Colonel Central Selection Board.
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The following members of the Board considered this application in Executive Session on 4 November 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-2004-01653 was considered:

   Exhibit A.  DD Form 149, dated 6 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAO, dated 24 Jun 04, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 15 Sep 04, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Sep 04.
   Exhibit F.  Letter, Applicant,	 dated 15 Oct 04, w/atchs.

AFBCMR BC-2004-01653

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:

	     a.  The date in Section IX of the Field Grade Officer Performance Report, AF Form 707A, closing 30 November 2002, be changed from “29 May 2003” to “1 December 2002.”

	     b.  The Officer Selection Brief for the Calendar Year 2002B (CY02B) Colonel Central Selection Board reflect in the Assignment History section his assignments as Chief of Staff/Senior Military Fellow, NDU, effective 14 June 2002, and Special Assistant to the Chairman, Joint Chiefs of Staff, OCJCS, effective 1 December 2002; and include “Joint Staff” in the Joint Reporting Category and Joint Duty History sections. 

	It is further directed that his records, to include the OPR closing 30 November 2002, be considered for promotion to the grade of colonel by a Special Selection Board for the CY02B Colonel Central Selection Board.