RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02513 INDEX CODE:	136.00
COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His Officer Selection Record (OSR) for the Calendar Year 2007B (CY07B) Lieutenant Colonel Central Selection Board (CSB) be corrected to include his Officer Performance Report (OPR) rendered for the period 22 October 2006 through 21 October 2007 and he receive Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel by the CY07B Lieutenant Colonel Central Selection Board (CSB).

APPLICANT CONTENDS THAT:
The contested OPR left a gap detailing his performance for just over a year to include his Air and Space Expeditionary Forces (AEF) deployment. This was critical information that was crucial for the board members to see in order to evaluate his promotion record accurately.

In support of his request, the applicant provided a personal statement, the contested report, AF Form 2519, All Purpose Checklist, and email communiqué.

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

STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of major, having assumed that grade effective and with a date of rank of 1 November 2003.

The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY07B (27 November 2007), Lieutenant Colonel CSB.

AIR FORCE EVALUATION:
AFPC/DPSIDEP has no action; they deferred the case to AFPC/DPSOO for an SSB recommendation and/or consideration. They state the report is on file in the applicant's OSR and updated in the Automated Records Management System (ARMS).

The complete DPSIDEP evaluation is at Exhibit C.
AFPC/DPSOO recommends denial. DPSOO states officers being considered by central promotion boards have OPRs with different closeout dates. For this reason DPSOO relies on AFI 36-2406, paragraph 6.5.1.3., Officer and Enlisted Evaluation Systems, which states that OPRs on EAD officers are due at HQ AFPC no later than 60 days following closeout of the report. The applicant's OPR that closed out on 21 October 2007 was not required to be in his OSR until 21 December 2007. Allowing the inclusion of reports that were not required to be in the OSR to be the basis for SSB consideration would be unfair to other officers who had reports closeout less than 60 days from the promotion board.  The report was filed in his OSR on 28 May 2008.

AFPC/DPSIDEP's informational memorandum states that in the event the AFBCMR determines any changes must be made to the evaluation report to make it eligible for SSB consideration (for instance, backdating signature dates), the only recourse of action on the electronic version of the evaluation report is to have the entire report reaccomplished in "wet signature."

The complete DPSOO evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluations and states that he exercised due diligence in making sure his records were accurate and complete prior to the CY07B board start date. Short of personally delivering the OPR to the board, he did everything he could to ensure his record was complete prior to the board. His OPR in question had closed 21 October 2007 and was completed and signed by the senior rater on 20 November 2007. His final MPF out processing was on the same day. During the contested time frame his spouse was pregnant and his daughter was undergoing a clinical low dosage chemo therapy. Due to delays in her medical clearance, Hickam AFB was unable to cut PCS orders and the local TMO would not schedule a military move inside of 20 days. Therefore he coordinated a DITY move from Hawaii to Andrews AFB which was completed just prior to his departure. All this was happening along with the implementation of the latest OPR/EPR system. Shortly after his departure from Hawaii on 21 November 2007, a problem with his electronic signature was discovered. A shortfall in the new system along with administrative errors delayed the filing of the OPR in question since he was unable to

digitally resign the OPR until he was inprocessed at his new unit on 14 December 2007. Due to administrative issues with the new system, a third attempt was completed upon his return from a seven week training TDY. Based on the circumstances, the facts do support his due diligence in ensuring his records were accurate and complete to the best of his ability.

The applicant's complete response with attachments, is at Exhibit F.

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. After a thorough review of the evidence of record and the applicant’s submission, it appears every reasonable effort was made to ensure the OPR in question was made available for consideration by the CY07B lieutenant colonel central selection board; however, because of difficulties encountered in the implementation of the digital processing system the OPR was not on file in the applicant's OSR before the convening of the selection board. In view of the above and in order to remove any injustice the applicant has suffered, we recommend his records be corrected to the extent 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(s) involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the AF Form 707, Officer  Performance  Report  (OPR),  rendered  for  the  period
22 October 2006 through 21 October 2007, was signed by the ratee in Section VIII on 21 November 2007; accepted for file in his Officer Selection Record on 22 November 2007.

It is further directed that his record, to include the above corrected OPR, be considered for promotion by a Special Selection Board for the Calendar Year 2007B Lieutenant Colonel Central Selection Board.

The following members of the Board considered AFBCMR Docket Number BC-2008-02513 in Executive Session on 29 January 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 27 June 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPSIDEP, dated 7 August 2008. Exhibit D.	Letter, AFPC/DPSOO, dated 16 September 2008. Exhibit E.	Letter, SAF/MRBR, dated 3 October 2008.
Exhibit F.	Letter, Applicant, dated 31 October 2008, w/atchs.