RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01219
		INDEX CODE:  131.01

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  21 OCT 2008

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY06B Major Central Selection Board (11 Sep 06) (P0406B) with his Officer Performance Report (OPR) closing 4 Sep 06 included in his officer selection record (OSR), or afforded the opportunity to submit a letter for the board’s consideration.

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APPLICANT CONTENDS THAT:

By not having his OPR closing 4 Sep 06 in his promotion record, he believes valuable information was left out of the decision making process for his promotion consideration to major.  Based on a review of his records, he believes he was passed over due to material applicable information not being available for review and the impact of circumstances beyond his control.  

In Mar 02, while stationed at Davis-Monthan AFB, after completing pilot training, he became ill and was diagnosed with Ulcerative Colitis.  He was placed in (Code C) CONUS restricted and non-deployable.  In Jul 02, he was promoted to captain; two months later, his illness was the impetus for a premature assignment to a non-deployable position at Sheppard AFB, as a T-37 Instructor Pilot.  He worked as a Pilot Instructor Training (PIT) student until May 03.  Then, he transitioned to the flight-line as a full-up flight instructor until Sep 04.  In Sep 04, he was moved to the position of Assistant Chief of Wing Scheduling.  From Jul 05 to Jul 06, applicant served as Chief of Wing Scheduling; unfortunately, the 4 Sep 06 OPR reflecting this information did not make it into his promotion folder prior to the promotion board.

In support of his appeal, applicant submitted a letter from the Assistant Director of Operations; a personal statement; a copy of the OPR closing 4 Sep 06, and additional email correspondence.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the grade of captain, with an effective date and date of rank (DOR) of 11 Jul 02, with a Duty Title of Chief, Wing Scheduling/T-37 Instructor Pilot.

Applicant was nonselected for promotion by the CY06B Major Central Selection Board which convened on 11 Sep 06.

Applicant's OPR profile for the last eight reporting periods follows:

	PERIOD ENDING	OVERALL EVALUATION

	01 Jun 99	Meets Standards (MS)
	28 Jul 00	Training Report (TR)
	21 Aug 01	TR
	21 Aug 02	MS
	06 May 03	TR
	04 Sep 03	MS
	26 Mar 04	TR
	04 Sep 04	MS
*	04 Sep 05	MS
#	04 Sep 06	MS

* Top report on file when considered and nonselected for promotion by the CY06B Major Selection Board, which convened on 11 Sep 06.

# Contested report - the report was signed by the rater on 5 Oct 06, additional rater on 5 Oct 06, and the reviewer on 6 Oct 06.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this application and recommended denial stating, in part, the absence of the report was not an error since it was not required to be filed in his officer selection record (OSR) until 4 Nov 06 (two months after the close out date of the report), and after the convening of the P0406B CSB.  However, officers being considered by promotion boards have different closeout dates for their performance reports.  For this reason, they rely on AFI 36-2406, Para 3.8.5.6, Officer and Enlisted Evaluation Systems, which states that OPRs on EAD officers are due at HQ AFPC no later than 60 days following closeout of the report.  The applicant’s OPR that closed out on 4 Sep 06 was not required to be on file until 4 Nov 06.  Furthermore, the evaluators signed the report after the 11 Sep 06 board convening date, thus, the report would not have been a matter of record for the P0406B CSB.  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.  Promotion reconsideration based on this issue is opposed.

Additionally, eligible officers meeting CSBs are given instructions prior to the board to carefully examine their record for completeness and accuracy.  These instructions also inform the officer that they may correspond by letter to the board president to call attention to any matter of record concerning them that they believe important to their consideration.  Applicant could have used this means to inform the board president of his accomplishments; however, he did not exercise this entitlement.

HQ AFPC/DPPPO’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and believes it is unfair to not have all the relevant information that pertains to an officer’s career not considered, especially when cutoff dates are so close to the board convening dates.  He was not aware of his entitlement to submit a letter to the board and after checking with other individuals, it appears everyone was pretty unclear as to what it meant and what type of letter should be written.  Applicant provided a letter for SSB consideration.

In support of his appeal, applicant provided a personal statement; a copy of a letter for SSB consideration, and a copy of his report closing 4 Sep 06.

Applicant’s complete 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  Applicant requests his OPR closing 4 Sep 06 be considered for promotion to the grade of major by SSB for the CY06B Major Central Selection Board.  The Board noted in accordance with AFI 36-2406, para 3.8.5.6., officer performance reports on extended active duty officers are due to HQ AFPC no later than 60 days following closeout of the report.  Applicant’s evaluators signed the report after the 11 Sep 06 board convening date, thus the report was not a matter of record for the CY06B CSB.  The Chief, Officer Promotion Management has addressed the issues presented by the applicant and we are in agreement with her opinion and recommendation and conclude that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2007-01219 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 14 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 18 May 07.
    Exhibit E.  Letter, Applicant, dated 4 Jun 07.

                                   XXXXXXXXXX
                                   Panel Chair