RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03270
		INDEX CODE:  136.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) rendered for the period 1 June 2006 through 31 May 2007 be included in his selection record prepared for the U0508A (FY08 Line and Health Professions Lieutenant Colonel Position Vacancy Promotion Selection Board).

2.  He be considered for promotion to the grade of lieutenant colonel by the U0508A board by a Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

IAW AFI 36-2504, paragraph 9.2.3.2, an SSB may be granted if the board did not consider material information that should have been available in compliance with pertinent Air Force directives and policies.  His OPR did not make it to file prior to the convening of the promotion board; therefore, his record was incomplete and unjustly portrayed his career performance and accomplishments.  Specifically, his record did not illustrate his performance while already fulfilling the duties and responsibilities of a lieutenant colonel for the years preceding the board.

In support of his request, the applicant provided a personal statement.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of major having assumed that grade effective and with a date of rank (DOR) of 1 October 2001.

The applicant was considered and not selected for promotion by the FY08 Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Selection Board, which convened on 11 June 2007.

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AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  DPB states the OPR in question closed 31 May 2007; was signed by the rater 31 May 2007, by the additional rater 6 June 2007, and by the reviewer 26 June 2007.  It was placed in his OSR on 10 July 2007.

AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph 3.8.5.7, states OPRs are due to the Military Personnel Flight (MPF) not later than 60 days after the close-out date, and due to HQ ARPC (for placement in the OSR) not later than 90 days after the close-out date.  The OPR in question was due for on-time placement in the OSR NLT 29 August 2007.  The OPR was therefore not late; it was placed in the OSR prior to the 29 August 2007 deadline.  The promotion board had all required information when it considered the applicant’s record for promotion.  Therefore, the applicant was not wronged or treated unjustly.

DPB’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 injustice.  After a thorough review of the evidence of record and the applicant’s submission, it is our opinion that relief is not warranted in this case and the applicant has not provided evidence which would lead us to believe otherwise.  His contentions are duly noted; however, in our opinion the comments provided by the office of primary responsibility (OPR) adequately address his allegations.  Therefore, we are in agreement with the comments and recommendation of the OPR and adopt its rationale as the basis for our decision that the applicant has not been the victim of either an error or injustice.  In view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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 DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2007-03270 in Executive Session on 18 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 September 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 5 November 2007, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 9 November 2007.