RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04197
		
 						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be issued Officer Performance Reports (OPRs) for the years 2013, 2014 and 2015 and they be included in his records.  

APPLICANT CONTENDS THAT:

There were no OPRs completed for the years of 2013, 2014 and 2015.  The missing OPRs prevented him from receiving favorable promotion board results.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 1 October 2015, the applicant was assigned to the Retired Reserve List in the grade of captain (O-3).

The Automated Records Management System (ARMS) includes certified true copies of the applicant’s OPRs for the periods ending 3 December 2012 and 3 December 2013.  Both OPRs are marked as “Does Not Meet Standards” for failing to meet fitness standards.    

In a letter dated 8 April 2015, the applicant was notified of his second deferral for promotion to the grade of major (O-4) by the Reserve of the Air Force Selection Board.  As a result of the second deferral for promotion and in accordance with 10 U.S.C. § 14505, he was transferred to the Retired Reserve on his adjusted Mandatory Separation Date (MSD) of 1 October 2015.

AFI 36-2406, paragraph 1.14.3.2 states, If the report is not located or is unable to re-accomplished, the Commander Support Staff, Force Support Squadron, or Human Resources Specialist will prepare an AF Form 77 in accordance with Table 5.1, Instructions for Completing the AF Form 77, and forward the AF Form 77 to HQ ARPC/DPTAR for file in the ARMS.  

The Secretary may convene a special selection board (SSB) to consider the record of an officer or former officer as that record would have appeared to the promotion board that should have considered the officer or former officer per 10 U.S.C. § 14502(b)(1).  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFRC/A1K recommends the applicant’s 2012 to 2013 OPR be corrected to reflect as a Directed by Headquarters Air Force (DBH) evaluation with established inclusive dates of 4 December 2012 to 16 October 2013 per guidance in ARPCM 13-20, CY14 Air Force Reserve Line and Non-line Major Promotion Selection Boards Convening Notice, paragraph 9b.  A1K also recommends the applicant’s 2013 to 2014 report be accomplished as an annual report with established inclusive dates of 17 October 2013 to 16 October 2014.  The applicant is not required a 2014 to 2015 OPR based on his retirement effective on 1 October 2015.

The applicant requests submissions of his 2013, 2014 and 2015 OPRs.  However, his 2012 to 2013 OPR was delayed due to referral process and has since been filed in his record with a “certified true copy” on 29 September 2015.  The applicant’s annual OPR inclusive dates were originally 4 December thru 3 December each year.  Based on the applicant’s OPR close out date of 3 December 2013, a DBH OPR with an established close out date of 16 October 2013 was required to be completed and filed prior to the board convening on 13 January 2014.  When the OPR was not completed, the applicant had an opportunity to submit a letter to the board by 12 January 2014 explaining why his OPR was not filed.  However, the applicant’s 2013 OPR for the reporting period of 4 December 2012 thru 3 December 2013 was eventually completed as a referral which the applicant acknowledged on 16 March 2015.  

Under the CY15 Mandatory Promotion Board, the applicant’s 2014 OPR with a newly established close out date of 16 October 2014 should have been completed and on file before the promotion board convened on 2 February 2015.  The applicant did have an opportunity to submit a letter to the board by 1 February 2015 explaining why his OPR was not on file.  The applicant’s servicing Force Support Squadron (FSS) was contacted concerning the missing OPRs.  The response provided was that due to the ratee and rater retiring, attempts to contact them were made with no success; therefore, justification could not be provided as to why the OPRs were not completed.   
 
A complete copy of the AFRC/A1K evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 August 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 to warrant issuing the applicant a performance report for the reporting period of 17 October 2013 to 16 October 2014 as recommended by the Air Force office of primary responsibility (OPR).  In this respect, the MRB Legal Counsel has advised that it is outside the scope of the Board’s authority to direct a performance report be written and this Board, which serves on behalf of the Secretary of the Air Force in the correction of records, is without authority to direct a future action.  Furthermore, as pointed out by the Air Force OPR, the applicant was not required a 2014 to 2015 performance report as a result of his transfer to the Retired Reserve List on 1 October 2015. Should the applicant provide completed performance reports for these periods, to include evaluator signatures, the Board would be willing to reconsider his application. Therefore, we find no basis to recommend granting this portion of the application.  

4.  Nothwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  The applicant claims the missing performance reports precluded his favorable consideration for promotion consideration; however, it appears the applicant did receive performance reports for 2012 and 2013, which are marked as “Does Not Meet Standards” and were referred for his fitness assessment failures.  Nonetheless, as stated by the Air Force OPR it appears the close out date of his 2013 OPR should have been 16 October 2013, instead of 3 December 2013.  Therefore, we recommend the close out date of the report be changed.  However, since the correction of the report is limited to the change of the close out date and the referral report was signed and finalized after the convening of the CY14 Air Force Reserve Line and Non-line Major Promotion Selection Board convened on 14 January 2014, we find insufficient evidence to recommend the applicant be considered by a SSB for promotion consideration to the grade of major.  As noted above, this Board is without authority to direct an OPR be accomplished; however, we note AFI 36-2406 states an AF Form 77 will be filed in-place of an evaluation report that is missing and cannot be re-accomplished.  Since the applicant did not provide a copy of the OPR for file in his record and the Air Force OPR has confirmed the applicant’s 2014 OPR was never accomplished, we recommend an AF Form 77 be completed per AFI 36-2406, paragraph 1.14.3.2, which states the MPS will prepare an AF Form 77 to reflect the applicant was not evaluated during the period in question.  Therefore, we recommend the applicant’s record be corrected to the extent indicated below.  

5.  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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.  His AF Form 707, Officer Performance Report (Lt thru Col), for the reporting of period 4 December 2012 thru 3 December 2013, be corrected to reflect as a Directed by Headquarters Air Force (DBH) evaluation with inclusive reporting period of 4 December 2012 thru 16 October 2013.  

b.  AF Form 77, Letter of Evaluation, be placed in his records to show he was not rated for the period of 17 October 2013 to 16 October 2014.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04197 in Executive Session on 1 November 2016, 4 April 2017 and 5 December 2016 under the provisions of AFI 36-2603:

      , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04197 was considered:

	Exhibit A.  DD Form 149, dated 10 September 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 22 June 2016w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 8 August 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.