RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02407
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His record be corrected to show Special Selection Board (SSB) consideration by the L0407A (11 June 2007) Reduction In Force (RIF) Board with inclusion of his 25 May 2007 Officer Performance Report (OPR) and Meritorious Service Medal with one oak leaf cluster (MSM, w/1OLC) citation in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

His record, as it met the RIF Board, did not have the most recent OPR (closed 25 May / signed 29 May 2007) and was also missing the citation from the latest MSM (1OLC) dated 18 April 2007.  Consequently, he asks that the RIF Board’s decision be reversed and he be allowed to continue to serve on active duty.  He notes his current date of separation (DOS) is 30 June 2008.  He believes the omission of the above OPR and MSM were critical and led to the RIF Boards non-selection decision.  He states while hindsight is 20/20, the process should have ensured critical records such as OPRs and awards and decorations were captured for all personnel prior to the Board.  It seems reasonable to expect the system to account for OPRs and awards and decorations accomplished in late April/May 2007.  He requests a records review against the 1995 year group with the MSM (1OLC) citation and his latest OPR that closed on 25 May.  If, after a records review with the records included is accomplished and it is determined that the RIF result is the same, he can carry on knowing the Air Force has made a conscious decision and not a decision based on a critical error.

In support of his appeal, the applicant has provided copies of the affected OPR and the MSM (1OLC) citation, a part of his personnel record and email communications.

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

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STATEMENT OF FACTS:

Applicant was appointed in the Regular Air Force on 15 June 1995.  He has been progressively promoted to the grade of major with an effective and date of rank (DOR) of 1 October 2005.  On 11 June 2007, he met the L0407A RIF Board and was not selected for retention in the Air Force.  He is currently serving on extended active duty and has over 12 years of active service.  His date of separation (DOS) is 30 June 2008.

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AIR FORCE EVALUATION:

AFPC/DPSOO agrees with his contention that his MSM (1OLC) should have been included in his OSR for the RIF board.  DPSOO states the citation should have been put in his record not later than 30 days from the date of the special order.  Since the orders for the MSM (1OLC) were published on 9 April 2007, the citation should have been in record no later than 9 May 2007.  The board met on 11 June 2007.  In regards to his OPR, DPPSO states his OPR was handled correctly and was not required to be on file with AFPC until 24 July 2007.  Further, DPSOO notes there is no supporting documentation from his rating chain indicating their desire to expedite the processing of his 25 May 2007 OPR so it could arrive in time to be reviewed by the RIF Board.  The OPR was filed in his OSR on 7 August 2007.  Therefore, DPSOO recommends the AFBCMR grant SSB consideration with inclusion of the MSM (1OLC) citation in his OSR and denial of his request for inclusion of his 25 May 2007 OPR.

DPSOO’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that not to include the OPR in question, as AFPC/DPSOO recommends in its advisory for the Air Force, would leave a gap in his record of performance and ignores the hard-earned MAJCOM Annual Award in 2006 as well as the seldom given stratification of top 1% of officers from his supervisor and senior rater.  These stratifications were not on the April Retention Recommendation Form (RRF).  He states the OPR was signed by his senior rater on 29 May – well before the due date established by DPSOO.  Not including his 25 May 2007 OPR assumes that no other officers who met the board had their latest OPR, closed after 11 April 2007, included in their records before the RIF board met on 11 June 2007.  Any OPR’s closed after this date would not be due to AFPC until 60 days later, or after the board start date of 11 June 2007.  If OPRs after this closeout date were permitted, then it is unfair not to allow his OPR to compete at the SSB.  Further, there was/is an expectation that the personnel system would have flagged this OPR and decoration citation for the board’s review based on the closeout date of 25 May since it is two weeks out from the RIF board date of 10 June 2007.  If AFPC’s initial intention was to omit any OPRs signed after 11 April 2007, then the RIF instructions should have explicitly detailed this assertion.  This may have forced senior raters to add comments/stratification that were not on prior OPRs/decorations to capture the gap in performance since the last OPR was done – omitting almost 11 months of his outstanding performance.  In addition to not having his strongest OPR and latest decoration citation for review/consideration he submits the RIF board was unaware he is a sitting Squadron Commander, as of 8 June 2007, at the 8th Fighter Wing, Kunsan Air Base, Republic of Korea.  He requests the AFBCMR’s expedited consideration for the November 2007 SSB in order for him to meet follow-on assignment timelines in January 2008.

Applicant’s complete response is at Exhibit D.

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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 error or injustice.  After considerable review of all the evidence presented, we are of the opinion the applicant should meet the L0407A Special Selection Board (SSB) with both his 25 May 2007 OPR and his MSM (w/1OLC) included in his application.  The Air Force office of primary responsibility has recommended that he be allowed to meet an SSB with only the inclusion of his MSM.  However, since we are in receipt of a letter from his rater indicating it was his intent that the OPR be made available to RIF board members; it is our opinion that the 25 May 2007 OPR should be included as well.  Therefore, we recommend that the records be corrected as indicated below.

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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 AF IMT 707A, Field Grade Officer Performance Report rendered for the period 6 July 2006 through 25 May 2007, was accepted for file in his Officer Selection Record on 1 June 2007.

	b. The Meritorious Service Medal, first oak leaf cluster, awarded for the period 29 May 2004 through 1 May 2007, was accepted for file in his Officer Selection Record on 1 June 2007.

It is further recommended that the corrected record be considered for retention by a Special Selection Board for the LO407A Reduction in Force Board.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02407 in Executive Session on 1 November 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 July 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOO, dated 30 August 2007.
    Exhibit C.  Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D.  Letter, Applicant, dated 17 Sep 07, w/atch.