RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02768
		INDEX CODE:  131.01
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Mar 09, 2009

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APPLICANT REQUESTS THAT:

He be granted Special Selection Board (SSB) consideration by the LO307B Reduction in Force (RIF) Board with the inclusion of his      AF IMT 707B, Company Grade Officer Performance Report (OPR) (2Lt thru Capt), ending 20 May 07, in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

His 20 May 07 OPR was not in his records when it met the L0307B RIF Board due to his deployment to Iraq and neglect from his losing military personnel flight (MPF) at Aviano AB.

He believes his dismissal from the Air Force is unjust and if the board had seen the report he would have been selected for retention.

The RIF Board was also unaware that he was hand selected to lead the Maintenance Division Team for his MAJCOM/IG, which he is currently serving until his separation in Jan 08.
     
In support of his request, the applicant provided a copy of his OPR closing 20 May 07.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 14 Jun 01 and is currently serving in the grade of captain.

A resume of his OPR file follows:

	REPORT ENDING			OVERALL RATING
	 
	 13 Jun 02			Meets Standards
 	 13 Jun 03			Meets Standards
	 13 Jun 04			Meets Standards
	 19 May 05			Meets Standards
	 20 May 06			Meets Standards
	*20 May 07			Meets Standards

*Report not on file for the L0307B RIF Board.

The applicant’s OER closing-out 20 May 07 was signed by his entire rating chain on 4 Jun 07. 

On 11 Jun 07, the applicant was not selected for retention by the L0307B RIF Board.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOO recommends denial of the applicant’s request.  According to AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph 3.8.5.6, OPRs on EAD officers are due to HQ AFPC no later than 60 days following the closeout date of the report.  The applicant’s report was not required to be on file until 20 Jul 07.  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 RIF process.  Furthermore, there is no supporting documentation from the applicant’s rating chain indicating their desire to expedite the processing of the 20 May 07 OPR so that it could arrive in time to be reviewed by the L0307B RIF Board.  The OPR has been filed in his OSR.

The complete HQ AFPC/DPSOO evaluation, with attachments, 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 on 12 Oct 07 for review and comment within 30 days.  An email request for comments was sent to the applicant on 30 Oct 07 and on 31 Oct 07 the applicant responded stating he would not provide comments (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.  The applicant contends the missing OPR on his OSB had an adverse impact on the review of his records for the L0307B RIF Board.  We note that although the applicant’s OPR was completed prior to the RIF Board, it was not required to be on file until 20 Jul 07.  Since many eligible officers fell into this predicament, it would be unfair to provide the applicant relief not available to others similarly situated. The Board also noted the applicant did not provide support from his rating chain indicating efforts were made to ensure the OPR was accepted for file prior to the RIF Board convening date.  Therefore, in the absence of evidence to the contrary, the Board finds 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 considered upon the submission of newly discovered relevant evidence. 

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The following members of the Board considered Docket Number BC-2007-02768 in Executive Session on 8 November 2007, under the provisions of AFI 36-2603:

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The following documentary evidence pertaining to Docket Number BC-2007-02768 was considered:

     Exhibit A.  DD Form 149, w/atchs, dated 22 Aug 07.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFPC/DPSOO Memorandum, dated 20 Sep 07.
     Exhibit D.  SAF/MRBR Letter, dated 12 Oct 07.
     Exhibit E.  AFBCMR E-mail, dated 31 Oct 07, w/Applicant’s
                 Response.