RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2007-01308
INDEX CODE:  131.03
	XXXXXXXXXXXXXX				COUNSEL: NONE

								HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 November 2008

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APPLICANT REQUESTS THAT: 

His records be reconsidered by a Special Selection Board (SSB) for the Calendar Year 2006C (CY06C) (P0506C) (28 Nov 06) Lieutenant Colonel (Lt Col) Central Selection Board (CSB) with a revised Promotion Recommendation Form (PRF).  

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APPLICANT CONTENDS THAT:

His Officer Performance Report (OPR) was due the same month as the promotion board was to convene so he requested a commander-directed OPR so information would be available for consideration by the promotion board.  He submitted the pertinent information to his chain-of-command; however, due to personnel changes, the OPR was not completed.  The additional information would have significantly contributed to his chances for promotion.  When he discovered the OPR had not been accomplished, he had insufficient time to react.  

In support of his application, the applicant provides copies of his OPRs closing 20 November 2005 and 20 November 2006; and his PRF for the P0506C board.  

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

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STATEMENT OF FACTS:

According to the military personnel data system, the applicant is currently serving on active duty with a Total Active Federal Military Service Date of 18 November 1993 and a Total Active Federal Commissioned Service Date of 6 April 1994.  His current grade is major with an effective date and a date of rank of 1 February 2003.  The following is a resume of the applicant’s performance ratings:

	PERIOD ENDING				OVERALL EVALUATION 

26 Jun 99 (Capt)					MS
20 Apr 00							MS
26 May 00				Training Report (TR)
20 Apr 01							MS
20 Apr 02							MS
20 Apr 03 (Major)					MS
20 Apr 04							MS
20 Nov 04							MS
20 Nov 05							MS
20 Nov 06							MS

The applicant has one nonselection to the grade of Lt Col by the CY06C CSB.  

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denying the applicant’s request.  DPPPE states that the applicant’s request for a Commander-Directed OPR is inconsistent with Air Force policy.  Air Force Instruction (AFI) 36-2406 indicates “the commander may direct a report for significant duty improvement only if the previous report was referred or if a member is placed into record status 6, deserter status.”  Ratees cannot request a commander directed evaluation.  DPPPE states neither of the scenarios provided for in the AFI applies to the applicant’s situation; therefore, the applicant was not authorized to have a commander-directed evaluation.  

DPPPE states AFI 36-2406, paragraph 8.1.4.1.2, indicates the Senior Rater “May request subordinate supervisors provide information on an officer’s most recent duty performance and performance-based potential and may ask for suggestions based upon the officer’s duty performance for PRF recommendations.”  Paragraph 8.3.2.5.2 indicates “In all cases, a Senior Rater has the final authority to determine the content of the PRFs he or she prepares.”  It is DPPPE’s opinion that with the absence of support form the Senior Rater, it appears the Senior Rater did have the knowledge of the applicant’s most recent performance as the Senior Rater also signed the OPR.  

DPPPE states the applicant does not have Senior Rater justification on changes to the PRF as required by AFI 36-2401, an OPR was not required to be completed prior to the PRF being accomplished nor prior to the CSB, and a commander-directed OPR was not authorized solely for the purposes of gaining a perceived promotion advantage.  

Based on the DPPPE recommendation, the Chief, Officer Promotions, Appointments, and Selective continuation Branch (AFPC/DPPPO) finds no basis to grant SSB consideration for the CY06C CSB.

The DPPPE evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 June 2007 for review and response within 30 days (Exhibit C).  As of this date, this office has received no response.  

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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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 9 August 2007, under the provisions of AFI 36‑2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence for AFBCMR Docket Number 
BC-2007-01308 was considered:

	Exhibit A.  DD Form 149, dated 23 Apr 07, with atchs.
	Exhibit B.  Letter, AFPC/DPPPE, dated 6 Jun 07.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Jun 07.

					
								Panel Chair