RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02096 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 23 November 2001 through 22 November 2002 be accepted for file in his Officer Selection Record (OSR) in place of the AF Form 77, Supplement Evaluation Sheet, rendered for the period 23 November 2001 through 11 December 2002 and that be considered by a Special Selection Board (SSB) for the Calendar Year 2004B (CY04B) and the CY05A Lieutenant Colonel Central Selection Boards (CSBs). ________________________________________________________________ THE APPLICANT CONTENDS THAT: In 2002, when he returned to active duty, the OPR he received from the Air Force Reserve should have been in his record. The missing report was listed on the SURF in 2003; however, sometime prior to his consideration for promotion in-the-primary zone (IPZ) for the lieutenant colonel board it disappeared from his records. He noticed this and later received the AF Form 77—all the while working with his Reserve commander, military personnel flight (MPF), and the Air Force Reserve Command (AFRC) to find it and fix it; however, the promotion board met before it was resolved. He noticed that it appeared back in his record, in 2005, even though he had stopped his persistent search, and prepared for retirement. He believes the impact the missing report had on his promotion potential should be considered. In support of his appeal, the applicant provides a copy of the contested report and the AF Form 77, dated 22 April 2004. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the evaluation from the Air Force office of primary responsibility, the applicant did not file an appeal through the ERAB. The applicant’s OPR profile of the last ten reports follows: PERIOD ENDING OVERALL EVALUATION #22 Nov 01 Meet Standards (MS) ##22 Nov 02 MS 11 Dec 02 Supplemental Report 07 Dec 03 MS 07 Dec 04 MS 05 Sep 05 MS 05 Sep 06 MS 15 Jun 07 MS 15 Jun 08 MS 15 Jun 09 MS # Top report at the time he was considered and nonselected for promotion by the CY04B Lieutenant Colonel CSB ## Contested Report The applicant was considered and nonselected for promotion by the CY04B, CY05A, CY06A, CY06C, CY07B, CY08B, CY09B, and the CY10A lieutenant colonel CSBs. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID defers to DPSOO on the SSB recommendation. They note that the Military Personnel Data System (MilPDS) and the AF Form 77 for the gap in the applicant’s record has been corrected. The applicant did not file an appeal through the ERAB; however, the ERAB reviewed this application and recommend denial. Based on a review of the applicant’s record, they determined that the only action required by DPSID is to update the OPR rating in MilPDS and correct the AF Form 77. MilPDS has been updated to reflect the rating for the OPR rendered during the period 23 November 2001 through 22 November 2002. The OPR has been in the Automated Records Management System (ARMS) since December 2005 and was filed in the OSR on 20 May 2005. The AF Form 77, rendered for the period 23 November 2001 through 11 December 2002 was removed from ARMS and has been replaced with a corrected AF Form 77, with the dates of 23 November 2002 through 11 December 2002. In accordance with (IAW) the governing directive, it is used to cover gaps in performance records. The applicant was a Reservist who came on active duty on 12 December 2002, with his last OPR closing out on 22 November 2002. However, when the AF Form 77 was initially created it appears the 22 November 2002 OPR was not made a matter of record; therefore, an AF Form 77 with the dates of 23 November 2001 through 11 December 2002 was placed in the record to cover the gap in the applicant’s record. When the missing report became a matter of record (20 May 2005), the AF Form 77 was corrected with the correct dates and placed in the applicant’s OSR, to reflect 23 November 2002 through 11 December 2002 to cover the gap of performance reports. However, the corrected AF Form 77 was not signed, so once it was reaccomplished the AF Form 77 was filed in the applicant’s OSR. The complete AFPC/DPSID evaluation, with attachment, is at Exhibit C. AFPC/DPSOO recommends the Board approve only the applicant’s request for SSB consideration for the CY04B CSB with inclusion of the OPR rendered for the period 22 November 2001 through 22 November 2002 and the reaccomplished AF Form 77, Letter of Evaluation, covering the period 23 November 2002 through 11 December 2002. The inclusion of the OPR in his CY04B is significant enough to warrant SSB consideration. The applicant’s contention that the 22 November 2002 OPR was missing from his record for the CY05A CSB is unfounded. DPSID verified that the OPR was filed in the applicant’s record on 20 May 2005. As such, it was matter of record for the CY05A CSB and does not warrant SSB consideration. In addition, eligible officers meeting a board have the option to submit a letter to the promotion 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 missing OPR. The complete AFPC/DPSOO evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Nov 05 for review and comment within 30 days. As of this date, no response has been received by this office (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 error or injustice warranting partial relief. The Air Force offices of primary responsibility have adequately addressed the issues presented by the applicant and we are in agreement with their assessment. In addition, we note the comments by AFPC/DPSOO and agree with their opinion and recommendation that the applicant be considered by an SSB for the CY04B Lieutenant Colonel CSB with the inclusion of the contested report (closing 22 Nov 02) and the AF Form 77, covering the period 23 Nov 02 through 11 Dec 02. Based on our review, it appears the contested report was filed in the applicant’s OSR on 20 May 2005 and was a part of the applicant’s OSR at the time he was considered by CY05A Lieutenant Colonel CSB. Therefore, in view of the above, we recommend the applicant’s record be corrected to the extent 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: a. The AF Form 707A, Field Grade Officer Performance Report, rendered for the period 23 November 2001 through 22 November 2002, was accepted for file in his Officer Selection Record on 9 July 2004. b. The AF Form 77, Supplemental Evaluation Sheet, rendered for the period 23 November 2002 through 11 December 2002 be declared void and removed from his record and the AF Form 77, Letter of Evaluation (LOE), rendered for the same period be accepted in its place. It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2004B Lieutenant Colonel Central Selection Board for which the above corrected OPR and LOE were not a matter of record. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02096 in Executive Session on 10 February 2011 under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 15 Sep 10, w/atch. Exhibit D. Letter, AFPC/DPSOO, dated 18 Oct 10. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.