RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02430
		INDEX CODE:  111.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  Her Officer Performance Report (OPR) rendered for the period of 16 October 2006 through 31 July 2007, be corrected to reflect that it was a matter of record prior to the P0507B Lieutenant Colonel (Lt Col) promotion board.

2.  Her Promotion Recommendation Form (PRF) rendered for the P0507B promotion board be replaced with the PRF she provided. 

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APPLICANT CONTENDS THAT:

The 31 July 2007 OPR was not in her record for the November 2007 Lt Col promotion board.  Although the OPR was submitted for coordination in August 2007, the report was not finalized until 18 January 2008.  Since the OPR was missing from her record, it had a substantial impact on the PRF rendered for the P0507B promotion board; thereby, adversely affecting her promotion opportunity. 

In support of her request, the applicant provided a copy of AF IMT 709, Promotion Recommendation, a copy of the recommended IMT 709, AF IMT 707A, Field Grade Officer Performance Report (MAJ – COL) and several reference letters in support of her request.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force on 11 December 1992, and was progressively promoted to the grade of major having assumed that grade effective and with a date of rank of 1 June 2003.

The applicant has one non-selection to the grade of Lt Col by the P0507B (27 November 2007) Lt Col Central Selection Board (CSB).

The following is a resume of the applicant’s recent OPR profile:

	   PERIOD ENDING      OVERALL EVALUATION 

31 Jul 07          MEETS STANDARDS (MS) – Referenced Report
15 Oct 06          MS
15 Oct 05          MS
14 Dec 04          MS
14 Dec 03          MS

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AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial.  DPSIDEP states the applicant’s OPR closed out on 31 July 2007, the board met in November 2007, and this report should have been on file not later than 1 October 2007.  Unfortunately, a late report does not make a report inaccurate and it does not necessarily make the report unjust.  Although poorly justified there are legitimate times when an evaluation report may not make it to the record by the 60 calendar day suspense.  She states that since the OPR was missing from her record, a material error existed having a substantial impact on her PRF, adversely affecting her promotion.  DPSIDEP disagrees and compared her old PRF against the new PRF and her OPRs and found no significant information that was not already available to the promotion board.  It appears the PRF was reaccomplished not due to an error or injustice but to make the PRF more hard-hitting and to enhance her chances for promotion.  DPSIDEP opines that the senior rater had this information available and may have included this information on the PRF.  Furthermore, she could have written a letter to the board to bring to their attention any information she felt was important.  The purpose of the appeal system is not to enhance an applicant’s promotion potential but to correct errors and or injustices and DPSIDEP finds neither in this case.  A report is not erroneous or unfair because she believes it contributed to a non-selection for promotion or may impact future promotions or career opportunities.  DPSIDEP recognizes that non-selection for promotion for many is a traumatic event and the desire to overturn that selection is powerful motivation to appeal.  The simple willingness by evaluators to upgrade, rewrite, or void a report is not a valid basis for doing so.  The PRF was totally rewritten making it difficult to determine what information was and was not available to the promotion board.

The complete DPSIDEP evaluation is at Exhibit B.

AFPC/DPSOO recommends denial.  DPSOO states they found no significant information that was not available to the senior rater when he prepared the original PRF.

The complete DPSOO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states since her PRF did not contain information from her OPR a new PRF was written to reflect the information in the OPR.  Her PRF was poorly written not because of her officership or ability to serve in a higher grade but because Army officers did not have the knowledge to write the PRF to maximize her accomplishments.  There were extenuating circumstances surrounding the preparation of her PRF and certain disadvantages that inherently come with serving in a joint billet.

The complete response, with attachments, is attached at 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  In this respect, the contested OPR closed out on 31 July 2007.  According to established policy, the OPR should have been finalized and made a matter of record not later than 1 October 2007.  However, through no fault of the applicant, the OPR was not finalized and placed in her records until January 2008.  Consequently, it is our opinion that the applicant may have been disadvantaged when the CY07B promotion board convened.  In order to resolve any injustice to the applicant, we recommend her records be corrected to reflect that the OPR was accepted for file prior to the convening of the selection board and that she receive supplemental consideration for promotion.  Notwithstanding the above, we are not persuaded by the evidence presented that the contested PRF should be replaced with a reaccomplished PRF.  In this regard, we agree with the Air Force offices of primary responsibility's assessment that evidence has not been provided showing that the proposed reaccomplished PRF provides new information that was not available to the senior rater or the selection board members.  Therefore, we adopt the rationale expressed as basis for our conclusion that she has failed to sustain her burden of proof of the existence of an error or injustice with respect to her PRF.  Accordingly we recommend her records be corrected only to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

Pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show:

a.  The AF IMT 707A, Field Grade Officer Performance Report (OPR), rendered for the period 16 October 2007 through 31 July 2007, was signed by the rater in Section VI and the additional rater in Section VII on 27 September 2007, and by the reviewer in Section VIII on 28 September 2007.

b.  The OPR rendered for the period 16 October 2007 through 31 July 2007, was accepted for file in her Officer Selection Record on 1 October 2007.

It is further recommended that the corrected record be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the CY07B Central Lieutenant Colonel Selection Board. 

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The following members of the Board considered BC-2008-02430 in Executive Session on 23 October 2008, under the provisions of AFI 36-2603:
			Chair
			Member
Member

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

   Exhibit A.  DD Form 149, dated 16 June 2008, w/atchs.
   Exhibit B.  Letter, AFPC/DPSIDEP, dated 24 July 2008.
   Exhibit C.  Letter, AFPC/DPSOO, dated 12 August 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
   Exhibit E.  Letter, Applicant, dated 19 September 2008.

		
		Chair

AFBCMR 2008-02430

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed 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 (OPR), rendered for the period 16 October 2007 through 31 July 2007, was signed by the rater in Section VI and the additional rater in Section VII on 27 September 2007, and by the reviewer in Section VIII on 28 September 2007.

		b.  The OPR rendered for the period 16 October 2007 through 31 July 2007, was accepted for file in her Officer Selection Record on 1 October 2007.

	It is further directed that the corrected record be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the CY07B Central Lieutenant Colonel Selection Board. 

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency