RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00317
		INDEX CODE:  131.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 APRIL 2006

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APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) be corrected to show his most recent Officer Performance Report (OPR) (20 June 2003 – 19 June 2004) was accepted for file on or before 12 July 2004 and he be considered by a Special Selection Board (SSB) for promotion to Lieutenant Colonel by the CYO4B board.

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APPLICANT CONTENDS THAT:

His 2004 OPR was not present for the Central Selection Board to review.  His reviewer intended that the additional report meet the Central Selection Board and took a draft version to the Management Level Review (MLR).  The OPR was not included in the package sent to the promotion board for reasons that were beyond his reasonable control.

In support of the application, the applicant submits a supporting statement by his Military Personnel Flight (MPF) commander.

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 3 November 1986 and his paydate is 7 December 1984.  He is a former active Reserve component officer who entered Extended Active Duty on 1 October 2002. He is currently serving in the grade of major, with a date of rank of 15 September 1996.  The applicant has one nonselection by the CY04B (12 July 2004) Lieutenant Colonel Central Selection Board (CSB).  His current estimated date of separation (DOS) is indefinite. 

The following is a resume of his last eleven (11) Officer Performance Reports ratings commencing with the report closing 30 September 1987.

  PERIOD ENDING	PERFORMANCE STANDARDS

	30 September 1995 (Capt) (Non-EAD)	Meets Standards (MS)
	14 July 1996 (Non-EAD)			MS
	30 April 1997 (Major) (Non-EAD)		MS
	30 April 1998 (Non-EAD)			MS
	30 April 1999 (Non-EAD)			MS
+	20 December 1999 (Non-EAD)		Does Not Meet Standards
	20 December 2000 (AGR)			MS
	21 Dec 2000 thru 30 Sep 2002		No Report Required
	19 June 2003			MS
*	19 June 2004			MS
	19 June 2005			MS

+Referral OPR
*Contested OPR

The contested report was signed by the rater and additional rater on 20 June 2004 and the reviewer on 22 June 2004.  It was accepted for file on 3 June 2005.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends denial.  DPPPO states the officers being considered by promotion boards have OPRs with different closeout dates.  DPPPO opines it is not realistic to hold the Air Force accountable for expedition of reports that closeout in close proximity to the promotion boards.  DPPPO relies on a regulation to hold every officer and rating chain to the same level of responsibility, requiring reports to be placed in the Officer Selection Record (OSR) within 60 days after the closeout date – the OPR that closed out on 19 June 2004 was not required to be on file until 19 August 2004.  DPPPO states if they allow the inclusion of reports that were not required to be in the OSR to be the basis for SSB consideration, it would be unfair to other officers who had reports close out less than 60 days from the promotion board, and whose reports may not have been expedited by their rating chains.  

DPPPO adds each officer eligible for promotion consideration is advised of the entitlement to communicate with the board president.  The applicant could have used this means to inform the board president of the accomplishments covered in the 19 June 2004 OPR; however, the applicant elected not to exercise this entitlement.  DPPPO’s 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 for review and comment on 4 March 2005 (Exhibit D).  On 9 March 2005, the applicant requested a 30-day extension in order to reply to the advisory opinion (Exhibit E).  On 24 March 2005, this office advised the applicant that due to a statutory mandate, his extension request could not be granted and his case was being administratively closed (Exhibit F).  On 5 August 2005, the applicant’s case was reopened, per his instruction and submission of statements by reviewer of the cited OPR and the MPF commander (Exhibit G).

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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.  We note the regulatory requirement that OPRs be accepted for file within 60 days of the closeout date.  While the applicant’s report was apparently accepted for file late, this does not in our opinion lead to a finding of error or injustice.  We took notice that the selection board in question convened less than 30 days after the closeout date of the report.  Having reviewed the supporting documentation provided by the applicant in the form of statements by the MPF commander and the reviewer of the June 2004 report, we were not persuaded that his rating chain fully intended that the processing of the report be expedited for file in his Officer Selection Record seen by the CY04B board.  Accordingly, in view of the foregoing and in the absence of persuasive evidence by the applicant to the contrary, we find no basis on which to favorably consider this application.

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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 8 September 2005 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered in AFBCMR BC-2005-00317:

	Exhibit A.  DD Form 149, dated 19 Jan 2005, with atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPO, dated 22 Feb 2005.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 2005.
	Exhibit E.  Letter, Applicant, dated 9 Mar 2005.
	Exhibit F.  Letter, AFBCMR, dated 24 Mar 2005.
	Exhibit G.  Letter, Reviewer, dated 18 Apr 2005, with atchs.

                                   Panel Chair