RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03178 INDEX CODE:	131.03
XXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be considered by a Special Selection Board (SSB) for the P0608A Line of the Air Force (LAF) Colonel (Col) Central Selection Board (CSB).

APPLICANT CONTENDS THAT:
His Officer Performance Report (OPR) rendered for the period
7 May 2007 through 6 May 2008 was not on file for the promotion board.

In support of his application, the applicant provides a draft copy of his OPR closing 6 May 2008 and letters of support from his rating chain.

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

STATEMENT OF FACTS:
According to the military personnel data system, the applicant is currently serving on active duty in the grade of lieutenant colonel with a date of rank of 1 March 2006. He has a Total Active Federal Military Service Date and Total Federal Commissioned Service Date of 29 May 1991.

The following is a resume of his OPR ratings commencing with the report closing 20 December 1998:

PERIOD ENDING	OVERALL EVALUATION

20 Dec 98	(Captain)	MS
20 Dec 99	MS
20 Dec 00	MS
26 Apr 01	Training Report (TR)
20 Dec 01	MS
20 Dec 02 (Major)	MS
20 Dec 03	MS
08 Jun 04	MS

06 Jun 05	TR
14 Jun 06 (Lt Col)	TR
04 Dec 06	TR
06 May 07	MS
06 May 08	MS

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits B and C.

AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends the applicant’s request be forwarded to DPSOO for an SSB recommendation and/or consideration. DPSIDEP states the applicant is not requesting any corrections to his OPR closing 6 May 2008; therefore, no action is required by their office. Although the applicant is requesting an SSB to include the OPR in question, the OPR was not required for the P0608A LAF Col CSB. Furthermore, in accordance with Air Force Instruction (AFI) 36-2406, Table  3.6, Note 1.a., Officer and Enlisted Evaluation Systems, the report was not required to be in the officer’s record until 60 days after the closeout date of the report. In the event the Board approves the applicant’s SSB request, the OPR must be reaccomplished and signed with dates on or after the 6 May 2008 closeout date of the report, but prior to the 12 May 2008 board convening date.

The DPSIDEP evaluation is at Exhibit B.
AFPC/DPSOO recommends denying the applicant’s request for SSB consideration. DPSOO states their evaluation of this request requires them to rely on the opinions of other Air Force experts. As such, based on DPSIDEP’s advisory opinion, which indicates that the OPR in question was not required to be filed in his Officer Selection Record (OSR) for the P0608A LAF Col CSB, they recommend the Board deny his request for SSB consideration. Officers being considered by CSBs have OPRs with different closeout dates. The applicant’s OPR closing 6 May 2008 was not required to be in his OSR until 6 July 2008. 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, with similar circumstances, whose latest reports did not meet the board.

DPSOO states eligible officers meeting a board have the option to submit a letter to the board president addressing any matter of record that they believe is important to their consideration for promotion. As such, the applicant could have written a letter to the board members informing them of the accomplishments mentioned in his latest OPR. DPSOO has verified that the applicant did not elect to exercise this entitlement.  The time to submit a letter

to the board is prior to the convening of the original board, not after his nonselection for promotion to the grade of colonel.

The DPPPO evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to  the applicant on 24 October 2008 for review and response within 30 days (Exhibit D). The applicant responded that the intent of his chain of command was to have his 6 May 2008 OPR included in his record for the selection board. However, a miscommunication caused the OPR to not make the selection board on time. The crux of his application to the board concerns the fact that this miscommunication caused his selection record to be void of any documentation concerning his ability to command. This error is the basis for his application and the reason his rater, additional rater, and senior rater supports his appeal.

The applicant’s rebuttal is at Exhibit E.

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 injustice. After reviewing the evidence of record, the Board majority is persuaded that relief is warranted.  We note the contention made by the applicant that a miscommunication prevented his OPR closing 6 May 2008 from being accepted into his OSR that met the P0608A LAF Colonel CSB. We also note that based on his rating chain’s statements included with the applicant’s appeal, that it was their intention for the OPR to be included in his OSR for consideration by the promotion board. A majority of the Board feels that the applicant should not suffer from the miscalculations of the Air Force and; therefore, the records should be corrected in favor of the applicant. Accordingly, it is the majority of the Board’s opinion that in order to provide him fair and equitable relief, his records should be corrected as indicated below.

THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

a.	The AF Form 707, Officer Performance Report (Lt Col thru Col), rendered for the period 7 May 2007 through 6 May 2008, was signed by the additional rater in Section V on 9 May 2008, and by the reviewer in Section VIII on 10 May 2008.

b.	The OPR rendered for the period 7 May 2007 through
6 May 2008, was accepted for file in his Officer Selection Record on 10 May 2008.

It is further directed that his record, to include the above corrected OPR, be considered for promotion to the grade of colonel by a Special Selection Board for the Calendar Year 2008A (P0608A) Line of the Air Force Colonel Central Selection Board.

The following members of the Board considered this application in Executive Session on 9 December 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
----- and ----- voted to grant the application. ----- voted to deny the applicant’s request but elected not to submit a minority report. The following documentary evidence for AFBCMR Docket Number BC-2008-03178 was considered:

Exhibit A.	DD Form 149, dated 21 Aug 08, w/atchs. Exhibit B.	Letter, AFPC/ DPSIDEP, dated 17 Sep 08. Exhibit C.	Letter, AFPC/ DPSOO, dated 6 Oct 08.
Exhibit D.	Letter, SAF/MRBR, dated 24 Oct 08. Exhibit E.	Applicant’s Rebuttal, dated 12 Nov 08.

Panel Chair

AFBCMR BC-2008-03178

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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show:

a.	The AF Form 707, Officer Performance Report (Lt Col thru Col), rendered for the period 7 May 2007 through 6 May 2008, was signed by the additional rater in Section V on 9 May 2008, and by the reviewer in Section VIII on 10 May 2008.

b.	The OPR rendered for the period 7 May 2007 through 6 May 2008, was accepted for file in his Officer Selection Record on 10 May 2008.

It is further directed that his record, to include the above corrected OPR, be considered for promotion to the grade of colonel by a Special Selection Board for the Calendar Year 2008A (P0608A) Line of the Air Force Colonel Central Selection Board.

Director
Air Force Review Boards Agency