RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03667 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be considered by a Special Selection Board (SSB) for the Calendar Year 2007A (CY07A) Lieutenant Colonel (MSC) Central Selection Board (CSB) with inclusion of his 28 Feb 07 Officer Performance Report (OPR) in his Officer Selection Record (OSR). ________________________________________________________________ _ APPLICANT CONTENDS THAT: Through no fault of his own, his 28 Feb 07 OPR was not included in his record for the 9 Apr 07 MSC (P0507A) CSB. It was the intent of his raters that this information be included in the promotion board package to reflect the very high stratification given. The signed final OPR was hand delivered to the Air Force Medical Operations Agency (AFMOA) on 22 Mar 07 for immediate inclusion in his board package. On 5 Oct 07, he received a copy of his promotion board file and discovered his 28 Feb 07 OPR had not been included. In support of his request, applicant provided an outline of time and events surrounding his appeal, a copy of his 28 Feb 07 OPR, and supporting e-mails. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant was considered but not selected for promotion to the grade of lieutenant colonel by the CY07A (MSC) Lieutenant Colonel Central Selection Board. The applicant has two nonselections to the grade of lieutenant colonel by the CY06B (15 May 06) (P0506B) and CY07A (9 Apr 07) (P0507A) Lieutenant Colonel CSBs. A review of the OPRs included in the applicant’s record for the CY07A board reflects overall ratings of “meets standards.” On 18 Sep 07, the Promotion Board Support Section transmitted a copy of his “As Met” OSR for the CY07A (MSC) CSB that did not contain a copy of his 28 Feb 07 OPR. Applicant was released from active duty on 31 Dec 07 and was transferred to the Air Force Reserve on 1 Jan 08. ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/PB recommends denial of the applicant’s request for a SSB. They contend his 28 Feb 07 OPR did meet the 9 Apr 07 board. The clerk preparing his “As Met” copy failed to verify the information and thus excluded the OPR in the “As Met” copy. We regret the confusion caused by the clerical error during reproduction of the OPR. We have instituted a cross-check to ensure a second reviewer checks for proper date/time of close out before producing “As Met” records. The board convened on 9 Apr 07. IAW AFI 36-2501, paragraph 2.21, if new information (e.g., decoration citation, officer performance report, updated officer selection brief) concerning an individual’s record is acquired during panel scoring; the affected records will be brought back to the same panel for rescoring. To fulfill this requirement they record the date/time scoring ends for each grade, competitive category, and promotion zone. Their records reflect scoring for the Lt Col MSC (I/APZ) portion of the board concluded at 1520 on 11 Apr 07. You will note the OPR provided by the applicant is stamped Apr 10 2007 by (PBS-2) indicating the report was received and placed into his OSR on 10 Apr 07 by their Board Support Branch prior to the end of scoring for his board. When reproducing “As Met” copies, clerks are required to verify the close-out date/time for the grade, competitive category and promotion zone of the requestor to determine if a particular document arrived in time to meet the board. The clerk failed to properly research the close-out date/time and assumed the OPR stamped 10 Apr 07 did not meet the 9 Apr 07 central board. The attached e-mail confirms initial scoring for the applicant’s board was still ongoing when his report was placed in his OSR on 10 Apr 07 and remained open until 11 Apr 07 at 1520 hours. They are confident his OPR was in his OSR at the time of the board. The PB evaluation, with attachment, is at Exhibit B. HQ AFPC/DPSOO recommends denial. Based on AFPC/PB’s advisory and their findings that the 28 Feb 07 OPR actually did meet the P0507A CSB, they recommend denial for SSB consideration. The DPSOO evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Dec 07, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. ________________________________________________________________ _ 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. We note AFPC/PB’s contention that the applicant’s 28 Feb 07 OPR was in his OSR and did meet the board, but that due to an administrative error the OPR was excluded from the copy of his “As Met” records. Since the applicant received incorrect information, and to preclude a possible injustice, we believe any doubt in this matter should be resolved in favor of the applicant. Therefore, we recommend the records be corrected as indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the AF IMT 707A, Field Grade Officer Performance Report rendered for the period 1 March 2006 through 28 February 2007, was accepted for file in his Officer Selection Record on 10 April 2007. It is further recommended that his record, to include the above AF IMT 707A, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2007A Lieutenant Colonel (MSC) Central Selection Board. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2007-03667 in Executive Session on 7 Feb 08, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2007-03667 was considered: Exhibit A. DD Form 149, dated 26 Oct 07, w/atchs. Exhibit B. Letter, AFPC/PB, dated 27 Nov 07, w/atch. Exhibit C. Letter, AFPC/DPSOO, dated 4 Dec 07. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 07. AFBCMR BC-2007-03667 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 the AF IMT 707A, Field Grade Officer Performance Report rendered for the period 1 March 2006 through 28 February 2007, was accepted for file in his Officer Selection Record on 10 April 2007. It is further directed that his record, to include the above AF IMT 707A, be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2007A Lieutenant Colonel (MSC) Central Selection Board.