RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03191
		INDEX CODE:  131.01
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 30 Mar 07 to 29 Mar 08 be corrected to show the signature date of the reviewer and ratee one day before the Calendar Year 2008A (CY08A) Colonel Central Selection Board (CSB) convened (12 May 08) and that the OPR be included in his Officer Selection Record (OSR) for consideration by a Special Selection Board (SSB) for the CY08A Colonel CSB.   

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APPLICANT CONTENDS THAT:

He was in the promotion zone for colonel and his OPR closed out 29 Mar 08.  There was sufficient time to get his OPR in his records prior to the board convening date.  In accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems, his OPR did not have to be in his records until 29 May 08.  However, during his 20 plus years of active duty service the common practice is to ensure the most current OPR is in the records prior to the promotion board.  Due to a demanding TDY schedule, his senior rater did not sign the OPR until 19 May 08.  

In support of his request, applicant provides a copy of the contested OPR and a supporting letter attesting to the delay of the senior rater's signature on the OPR.  

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

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving on active duty in the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 1 Oct 03.  The applicant was considered but not selected for promotion to the grade of colonel by the CY08A CSB.  

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AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial.  DPSIDEP states that the contested OPR reflects the dates the evaluators actually signed the OPR.  The OPR closed out on 29 Mar 08 and IAW AFI 36-2406, the report was not required to be in the records until 60 days after the close-out date, or 29 May 08.  The AFPC/DPSIDEP complete evaluation is at Exhibit B.  

HQ AFPC/DPSOO recommends denial.  DPSOO states that the 29 Mar 08 OPR was not required to be in the applicant's OSR until 29 May 08.  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.  Eligible officers meeting the board have the option to submit a letter to the board president addressing any matter of record concerning themselves 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 report.  He did not exercise this entitlement.  The AFPC/DPSOO complete evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant restates his position that it is standard practice to ensure performance reports meet promotion boards.  With regard to writing a letter to the promotion board, he did not see his OPR until he electronically signed it on 19 May, one week after the promotion board convened.  If he had written a memo to the promotion board to advise them of his accomplishments during the reporting period, he believes promotion board members would take his letter with a "grain of salt" since the information would not be corroborated.  The applicant's complete rebuttal is at Exhibit D.  

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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.  In this respect, the OPR in question closed out on 29 Mar 08 and according to the governing instruction, was not due for file in the applicant's records until 29 May 08.  Therefore, we find no evidence of an error in this case.  Absent, evidence from his rating chain indicating that it was their intent that the OPR be included in his CY08B selection record; and what actions, if any, were taken to ensure the OPR was processed in a timely manner for consideration by the CY08B board, we are not persuaded that he has been the victim of an injustice.  Accordingly, we agree with the opinions and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, absent evidence to the contrary, we find no basis upon which to recommend favorable consideration of the applicant's request.

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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 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 Docket Number BC-2008-03191 in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2008-03191 was considered:

    Exhibit A.  DD Form 149, dated 19 Aug 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDEP, dated 3 Dec 08.
    Exhibit C.  Letter, AFPC/DPSOO, dated 3 Dec 08
    Exhibit D.  Email, SAF/MRBR, dated 4 Dec 08.
    Exhibit E.  Email, Applicant, dated 8 Dec 08.

                     			XXXXXXXXXX
								Panel Chair