RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01930
		INDEX CODE:  131.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Selection Brief be corrected and his record, to include his most recent Officer Performance Report (OPR) (1 September 2002-13 June 2003), be considered by Special Selection Board (SSB) for promotion to Lieutenant Colonel by the selection board that convened on 8 July 2003.

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APPLICANT CONTENDS THAT:

An entire year of his Air Force career was not depicted correctly to the CY P0503A Lieutenant Colonel Promotion Board, and several items were not correct on the Officer Selection Brief (OSB) viewed by the board.  The discrepancy areas were Assignment History (current duty title was not listed), incorrect dates, incorrect previous duty title/DAFSC, and Overseas History.  He attempted to correct all discrepancies in April and May 2003 with his local Military Personnel Flight.  All discrepancies were effectively corrected and updated in the Virtual Military Personnel Flight in May 2003, prior to the time the promotion board convened.  However this information was not reflected correctly on the OSB dated 1 July 2003, nor did the selection board view his most recent OPR.  Without his current duty title accurately reflected and his missing OPR, it appeared he had no career advancement in the year preceding his primary O-5 promotion board.  These errors and omissions in his record were significant reasons why he was passed over in the primary zone to O-5.  An accurate record and current OPR should be viewed by the supplemental board.

In support of the application, the applicant submits supportive statements from the rater and additional rater of the OPR closing 13 June 2003, a copy of his OSB dated 1 July 2003, and a copy of his Active Duty Officer Data Verification Brief (DVB).  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant’s Total Active Federal Military Service Date as 1 June 1988.  He is currently serving on active duty in the grade of major, with a date of rank of 1 October 1999.  The applicant has two nonselections for promotion by the CY03A (8 Jul 03, P0503A), and CY04B (12 Jul 04, P0504B) Lieutenant Colonel Central Selection Board (CSB).  His current estimated date of separation (DOS) is 30 June 2007.

The following is a resume of his Officer Performance Reports ratings commencing with the report closing 12 March 2000.

  PERIOD ENDING	PERFORMANCE STANDARDS

   12 Mar 2000	 Meets Standards (MS)
   15 Sep 2000		MS
   31 Aug 2001		MS
   31 Aug 2002		MS
*  13 Jun 2003		MS
   13 Jun 2004		MS

* - Contest OPR.  In addition, this was the top report on file at 
    the CY03A Lieutenant Colonel Selection Board, which convened 
    on 8 July 2003.

The contested report was signed by the rater on 10 February 2004, the additional rater on 26 February 2004, and the reviewer on 7 March 2004.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPAO acknowledges the applicant has presented evidence indicating his OSB before the subject board contained errors and his last OPR was not filed in his Officer Selection Record (OSR).  DPAO defers to HQ AFPC/DPPPO for SSB consideration (Exhibit C).

HQ AFPC/DPPPO recommends denial.  DPPPO notes the applicant has one non-selection to the grade of lieutenant colonel by the P0503A CSB.  DPPPO states officers being considered by promotion boards have different closeout dates for their performance reports.  DPPPO states that OPRs on EAD officers are due to HQ AFPC no later than 60 days following closeout of the report.  The applicant’s OPR that closed out on 13 June 03 was not required to be on file until 13 August 2003 (board convened 8 July 2003).  DPPPO opines since many eligible officers fall into this predicament, approving SSB consideration with a report not required to be on file would generate unfairness in the current promotion process.  

DPPPO notes the applicant’s current duty title data was reflected on his PRF, and the other contested duty title entries were correctly reflected on his corresponding OPRs and his overseas assignment was reflected on his 31 August 2001 OPR and citation for MSM (1OLC), indicating the board members were aware of the member’s career progression.

DPPPO’s evaluation, with attachments, is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his 20 October 2004 response, the applicant states his reasons why he should have been promoted.  In support of his statement, he provided a copy of the CY 2003 LAF Lt Colonel Board Statistics, the original contested OPR, support memorandum, and MilPDS Extraction (Exhibit F).
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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 probable error or injustice.  Technically, the applicant’s June 2003 was not required to be on file at the CY03A Central Lieutenant Colonel Selection Board; however, we believe its absence constitutes an injustice.  In this respect, the rater and additional rater unequivocally indicate it was their intent that the contested report be considered by the CY03A selection board.  While it is not possible to determine what effect the lack of the contested report had on the promotion board, we believe it served to deprive him of full and fair consideration.  In view of the foregoing and in the absence of a basis to question the integrity of these individuals, the benefit of any doubt should be resolved in the applicant’s favor.  Additionally, the applicant’s OSB did not contain an accurate and up-to-date accounting of his duty assignments.  We are unable to discern the cumulative impact the above inaccuracies/injustices had on his promotion opportunities.  However, to assure the applicant has not been the victim of a promotion injustice, any doubt in this matter should be resolved in his favor.  Accordingly, his records should be corrected in the following manner.
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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 Officer Selection Brief prepared for consideration by the Calendar Year 2003A (CY03A) Central Lieutenant Colonel Selection Board be amended to show:

        (1)  His overseas tour in Saudi Arabia from 18 Sep 2000 to 31 Aug 2001 in the Overseas Duty History section.

        (2)  In the Assignment History section, the 30 May 2002 effective date for his assignment as “ADO/F-15E Flight Examiner be changed to 1 Sep 2001, and, add the duty assignment “FLT CC RANGERS/AS OPS F-15E SEFE”, W/B Level, MAJCOM: ACC, Organization: Operation Support Squadron, Mountain Home, effective 7 Oct 2002.

    b.  The Officer Performance Report (OPR), AF Form 707A, rendered for the period of 1 Sep 02 through 13 Jun 03, be amended to show the report was signed by the rater on 23 Jun 03 rather than 10 Feb 04, by the additional rater on 24 Jun 03 rather than 26 Feb 04, and by the reviewer on 25 Jun 03 rather than 7 Mar 04; and, the report was accepted for file in his Officer Selection Record on or before 7 July 2003.

It is further recommended that his correct record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY03A Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01961 in Executive Session on 19 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered :

	Exhibit A.  DD Form 149, dated 8 Jun 04 w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPAO, undated.
	Exhibit D.  Letter, HQ AFPC/DPPPO, dated 10 Sep 04, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 24 Sep 04.
	Exhibit F.  Applicant’s Rebuttal, dated 20 Oct 04, w/atchs.

AFBCMR BC-2004-01930

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 be corrected to show that:

	    a.  The Officer Selection Brief prepared for consideration by the Calendar Year 2003A (CY03A) Central Lieutenant Colonel Selection Board be amended to show:

	        (1)  His overseas tour in Saudi Arabia from 18 Sep 2000 to 31 Aug 2001 in the Overseas Duty History section.

	        (2)  In the Assignment History section, the 30 May 2002 effective date for his assignment as “ADO/F-15E Flight Examiner be changed to 1 Sep 2001, and, add the duty assignment “FLT CC RANGERS/AS OPS F-15E SEFE”, W/B Level, MAJCOM: ACC, Organization: Operation Support Squadron, Mountain Home, effective 7 Oct 2002.

    b.  The Officer Performance Report (OPR), AF Form 707A, rendered for the period of 1 Sep 02 through 13 Jun 03, be amended to show the report was signed by the rater on 23 Jun 03 rather than 10 Feb 04, by the additional rater on 24 Jun 03 rather than 26 Feb 04, and by the reviewer on 25 Jun 03 rather than 7 Mar 04; and, the report was accepted for file in his Officer Selection Record on or before 7 July 2003.

	It is further directed that his corrected record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY03A Selection Board.