RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01617
								INDEX CODE:  111.01
	XXXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 November 2008

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APPLICANT REQUESTS THAT:

The “From” date on his Officer Performance Report (OPR) for the period 16 September 1992 through 26 November 1993 be changed to 3 July 1993 to reflect the actual dates supervised.

A Training Report (TR) be prepared for the period 16 September 1992 to 12 June 1993, the time he spent attending Operation Bootstrap.

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APPLICANT CONTENDS THAT:

The OPR for the period 16 September 1992 through 26 November 1993 is incorrect in that it reflects a 14-month period of supervision while the actual supervision is less than 4 months.  The OPR should reflect the actual dates supervised, not time prior to PCS while still assigned to Kirtland AFB and participating in Operation Bootstrap to complete his advanced education.

A TR would more accurately reflect the period participating in Operation Bootstrap while completing his Master’s degree.

The injustice was discovered while reviewing his Officer Preselection Brief, received on 15 February 2007, for a Central Selection Board scheduled to convene on 11 June 2007. 

In support of his appeal, he has provided copies of his OPR for the period 16 September 1992 through 26 November 1993, SO AA-1026, HQ 377 MSS, dated 22 June 1993, a University of New Mexico MBA completion certificate, dated 31 July 1993, TO TH-054, 542 CTW, dated 10 August 1992, and Operation Bootstrap approval documents dated 30 July 1992, 31 July 1992, and 5 August 1992.

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

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STATEMENT OF FACTS:

Applicant did not file an appeal to the Evaluation Report Appeals Board (ERAB).  However, this appeal was forwarded to them for review and they recommended denial.

While assigned to Kirtland AFB, NM, his last OPR before the contested OPR closed-out on 15 September 1992.  He then attended the University of New Mexico under the Bootstrap Program from 16 September 1992 to 12 June 1993 while en route to a PCS reassignment to Tinker AFB, OK. 

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial of the request to change the start date on his 16 September 1992 through 26 November 1993 OPR, and inserting a TR.  The application was not submitted in a timely manner.  By law, an applicant must file a claim within three years of the date of discovery of the alleged error or injustice in accordance with 10 United States Code, Section 1552{b}.  While they would normally recommend the application be denied as untimely, they are aware of the decision in the case of Detweiler v. Pena, which prevents application of the statute’s time-bar if the applicant files while still on active duty.  Therefore, they reviewed his request as if it was timely.

There is no documentation to show applicant’s actual date arrived station at Tinker AFB, OK.  They can only assume he had taken some leave en route (13 June 1993 to 2 July 1993) and arrived at Tinker AFB on 3 July 1993, the date he is requesting the “From” date of the contested OPR be corrected to. 

The governing regulation during the time of the contested report was AFR 36-10, dated 1 August 1988 and, after reviewing applicant’s request, the OPR was completed in accordance with that regulation.  Table 3.7, Rule 4, column 3, states the “From” date will be the day after the closeout date of the last OPR.  Table 6.1, Rule 9, states that an AF Form 707B, rather than an AF Form 475, will be prepared.  Paragraph 6-5e states that when an officer is attending Bootstrap en route to a new station, an official at the new duty station completes the report

The AFPC/DPPPEP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 20 June 2007, for review and comment, within 30 days.  
However, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The contested OPR was completed in accordance with the governing regulation in place at that time, and the applicant was not authorized a TR for the time spent in the Bootstrap program.  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 Docket Number BC-2007-01617 in Executive Session on 2 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 7 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.