RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03821 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 3 May 2013 through 4 May 2014 be included in his record with supplemental consideration by the FY14 Force Shaping Board (FSB). APPLICANT CONTENDS THAT: His OPR which closed out on 4 May 2014 was not signed by the senior rater until 13 July 2014, one day prior to the board convening date, and was not considered by the board. This OPR contained the entirety of his Explosive Ordnance Disposal (EOD) career, a career field which took approximately one year of training to complete and was one quarter of his military career. He hopes the Board will find it in the best interest to allow him to continue his service without a break in service. In support of his requests, the applicant provides a personal statement and a copy of his OPR ending 4 May 2014. He also provides a letter from the Wing Commander dated 16 September 2014 stating in part that there was a serious omission in the records reviewed by the FY14 FSB. The applicant’s only OPR as an EOD officer was not made available to the board due to no fault of his own. His EOD career was not considered and it could have made a significant difference in the outcome of the board. The missing OPR reflects his outstanding performance in leading his flight through a Defense Nuclear Surety Inspection (DSNI) and included his stratification as the number two of nine company grade officers in the mission support group. The applicant’s complete submission, with attachments is at Exhibit A. STATEMENT OF FACTS: The applicant is currently in the Air Force Reserve in the grade of captain (O-3). On 17 December 2009, the applicant entered this period of active duty and was honorably discharged on 31 December 2014 with a narrative reason for separation of “Reduction in Force.” He was credited with 5 years and 14 days of active service. He was also credited with 3 months and 6 days of prior active service. AIR FORCE EVALUATION: AFPC/DPSID recommends correcting the signature dates of the OPR prior to the board convening date of 14 July 2014 and defers the recommendation for supplemental consideration to AFPC/DPSOR. The close out date of the OPR is 4 May 2014, In Accordance With (IAW) AFI 36-2406, Officer and Enlisted Evaluation Systems, Table 3.6, Note 1a, the report is required to be in the records 60 days after the close out date, or 3 July 2014. The purpose of this suspense is to allow the rating chain and all processing agencies a reasonable amount of time to complete, sign and process a given report into the member’s permanent evaluation record. In this case, by no fault of the applicant, the rating chain failed to meet the 60 days suspense. The board convened on 14 July 2014 and the evaluators had not signed and finalized the report until 13 July 2014, with the applicant acknowledging on 24 July 2014, after the board convened. Unless the OPR is processed with all signatures prior to the board date, the OPR is unable to be accepted for file for the board’s consideration. The applicant did not file an appeal through the Evaluation Reports Appeals Board (ERAB) under the provisions of AFI 36- 2406 due to his separation from active duty. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSOR makes no recommendation regarding the applicant’s request to meet a Supplemental Selection Board (SSB). The decision to grant the request for the SSB will need to come from the AFBCMR. If the applicant is not selected for further retention by the SSB, there will be no further action. If the SSB selects the applicant for further retention, DPSOR recommends reinstatement to active duty. The chain of command and the Military Personnel Section (MPS) were instructed to make every effort to ensure timely submission of OPRs and training reports for the FSB IAW Personnel Services Delivery Memorandum (PSDM) 13-131, FY14 Officer Force Shaping Board, amended on 22 January 2014. Since this did not take place, it appears that an error occurred in the applicant’s case which may have placed his record at a disadvantage with the FSB. Although there were other pertinent documents included in his record for the FSB to review, it may be in the interest of justice to allow for a second review once the OPR is corrected. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In an e-mail dated 13 October 2015, the applicant acknowledged receipt of the advisory opinions and requested his case continue to be processed. The applicant’s complete response is at Exhibit G. 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. As noted by AFPC/DPSID, by no fault of the applicant, his OPR ending 4 May 2014 was not processed IAW AFI 36-2406. Consequently, the applicant’s record was incomplete when it met the FY14 FSB. Given the unequivocal support from his wing commander and the recommendation by AFPC/DPSID, we recommend the applicant’s OPR ending 4 May 2014, be included in his record and he receive SSB consideration. Furthermore, if the applicant is selected for retention by the SSB, we also recommend he be returned to active duty without a break in service. Therefore, we recommend the applicant's records be corrected as indicated below. 4. 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 that a. His AF Form 707, Officer Performance Report (Lt thru Col), for the period of 3 May 2013 thru 4 May 2014, Item IV, Rater Overall Assessment; Item V, Additional Rater Overall Assessment; Item VI, Reviewer; and Item VIII, Ratee’s Acknowledgement reflect signature dates of 2 July 2014. b. His corrected record be considered for retention by a Supplemental Selection Board (SSB) for the FY14 FSB. c. If the applicant is selected for retention by the FY14 FSB, it is further directed that his record be corrected to show that he was not released from active duty on 31 December 2014 but continued to serve on active duty and was ordered Permanent Change of Station (PCS) to his home of record or home of selection pending further orders. The following members of the Board considered AFBCMR Docket Number BC-2014-03821 in Executive Session on 29 October 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 September 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 22 September 2015. Exhibit D. Memorandum, AFPC/DPSOR, dated 30 September 2015. Exhibit E. Letter, SAF/MRBR, dated 7 October 2015. Exhibit F. E-mail, AFBCMR, dated 13 October 2015. Exhibit G. E-mail, Applicant, dated 13 October 2015.