RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01992
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR), rendered for the period 9 June 2002 through 30 June 2003 be corrected to show that it was signed, processed, and accepted for file in his Officer Selection Record (OSR) prepared for the Calendar Year 2003A (CY03A) Lieutenant Colonel Central Selection Board.

2.  His Officer Selection Record (OSR) for the CY03A Lieutenant Colonel Central Selection Board be corrected to include the citation for the Joint Service Achievement Medal (JSAM), for the period 3 May 2002 to 16 May 2002 and that he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel for the CY03A Selection Board.

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APPLICANT CONTENDS THAT:

His immediate supervisor informed him that despite their best efforts, his OPR did not make it to file prior to the convening of the promotion board due to delays in the administrative process.  The most current OPR before the board was over one year old.  He also contends the citation for the JSAM was not in his records at the time the board convened.  It was on his report of individual personnel (RIP).  This error was discovered during a post-board telephone interview with AFPC.

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 major.

Applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY03A (8 July 2003) Lieutenant Colonel Central Selection Board.

The Officer Selection Brief (OSB) prepared for the CY03A Selection Board reflected award of the JSAM for the period 3 May 2002 to 16 May 2002.  However, the OSR did not contain the citation for award of the JSAM.

OPR profile since 1998 follows: 

           PERIOD ENDING          EVALUATION OF POTENTIAL 

		      16 Jul 98	Meets Standards (MS)
		      16 Jul 99				(MS)
		      16 Jul 00				(MS)
		      16 Jul 01				(MS)
		    #  8 Jun 02				(MS)
		    * 30 Jun 03                   		(MS)
		      30 Apr 04              				(MS)

* Contested Report
# Top Report on file before the CY03A Board

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AIR FORCE EVALUATION:

AFPC/DPPPE indicated the signature dates on the contested OPR currently reflect 21 July 2003 for the rater/additional rater and 24 July 2003 for the Air Force advisor.  The applicant provides a letter from his additional rater stating it was the intent of the rating chain to ensure the concerned OPR was processed in a timely manner and made a matter-of-record prior to the CSB.  The OPR was processed in a timely manner.  OPRs are not due (and may not be expected to be due) to the commander any earlier than five days following the close-out date of the report.  In this case, the first suspense could be not earlier than 5 July 2003.  The next suspense is to the servicing Military Personnel Flight (MPF), which occurs 30 days after the close-out of the report - 30 July 2003.  Finally, reports are considered late when processed to AFPC/DPPBR3 60 days after close-out of the report.  With that, it is clearly evident the report was processed in a timely manner, as it was not due to file until 30 August 2003.  Since this report was not required to be on file and it was processed well within Air Force guidelines, there is no basis for changing the signature dates of the report.

The evaluation is at Exhibit C.

AFPC/DPPPO recommended denial.  They indicated the applicant contends his JSAM citation, for the period 3 May 2002 to 16 May 2002, was missing from his record when it met the CY03A board.  However, they must comply with AFI 36-2501, paragraph 6.3.2.2, which states “Do not have an SSB 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.”  Although the decoration was on his OSB, this only validates at a minimum the accuracy of his system record.  To ensure the contents of the actual OSR were correct, the applicant would have had to request a copy of his record from the AFPC Records Section.  If he had done so, he would have noticed the missing citation and taken corrective action at that time.  It is the officer’s responsibility to ensure the accuracy of his record prior to the board convening date, not after he has been nonselected for promotion.  Further, although the citation for his JSAM was missing, the board members were fully aware of the decoration as it was listed on the applicant’s CY03A Officer Selection Brief (OSB) and thus, factored into the promotion evaluation.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 October 2004 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 an error or injustice.  At the time the applicant’s records were considered by the CY03A Lieutenant Colonel Selection Board, award of the JSAM was reflected on his OSB; however, the citation to accompany the JSAM was not present in the applicant’s OSR.  While it cannot be determined whether the omission of the citation was the sole basis for his nonselection, the Board believes it served to deprive him of fair and equitable consideration.  In view of the foregoing, the Board recommends the applicant’s record be corrected to include the citation for the JSAM.

4.	In regard to the OPR rendered for the period 9 June 2002 through 30 June 2003, the Board notes the additional rater submitted a statement indicating it was without question, the intent of the applicant’s rating chain to have had the contested report signed, processed, and accepted for file in the applicant’s OSR before the convening of the CY03A Lieutenant Colonel Board.  Due to an administrative error the report was not processed in a timely manner before the convening of the CY03A board.  The Board is of the opinion, although the report was processed in a timely manner and not due to file in the applicant’s OSR until 30 August 2003, it was the rating chain’s intent to have the OPR closing 30 June 2003 on file and made a matter of record prior to the convening of the CY03A board.  Therefore, the Board believes his records should be corrected to the extent indicated below.

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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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 9 June 2002 through 30 June 2003, was amended in Section VI to reflect the date 1 July 2003, rather than 21 July 2003; in Section VII to reflect the date 1 July 2003, rather than 21 July 2003; and Section IX to reflect the date 2 July 2003, rather than 24 July 2003.

b.  The aforementioned OPR was accepted for file in his Officer Selection Record on 3 July 2003.

c.  The citation to accompany the award of the Joint Service Achievement Medal, awarded for the period 3 May 2002 to 16 May 2002, was accepted for file in his Officer Selection Record on 1 July 2003.

It is further recommended that his record, to include the above corrected OPR and the citation to accompany the award of the Joint Service Achievement Medal, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2003A Central Lieutenant Colonel 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 pertaining to AFBCMR Docket Number BC-2004-01992, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 June 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 23 September 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 1 October 2004.

AFBCMR BC-2004-01992

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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 9 June 2002 through 30 June 2003, was amended in Section VI to reflect the date 1 July 2003, rather than 21 July 2003; in Section VII to reflect the date 1 July 2003, rather than 21 July 2003; and Section IX to reflect the date 2 July 2003, rather than 24 July 2003.

	 b.  The aforementioned OPR was accepted for file in his Officer Selection Record on 3 July 2003.

	 c.  The citation to accompany the award of the Joint Service Achievement Medal, awarded for the period 3 May 2002 to 16 May 2002, was accepted for file in his Officer Selection Record on 1 July 2003.

	It is further directed that his record, to include the above corrected OPR and the citation to accompany the award of the Joint Service Achievement Medal, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2003A Central Lieutenant Colonel Selection Board.