RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03999 INDEX CODE: 131.01, 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be promoted to rank of colonel by the Fiscal Year 2006 (FY06) Reserve Colonel’s Selection Board with an effective date of 1 August 2006. _________________________________________________________________ APPLICANT CONTENDS THAT: She met all requirements to be promoted to the rank of colonel to include a Definitely Promote on her AF Form 709, Promotion Recommendation Form (PRF) from her senior rater; however, an officer performance report (OPR), rendered for the period 23 February 2003 through 23 October 2003 was missing from her promotion folder. She believes she would have been promoted to colonel had the missing OPR been in her records. In support of her request, the applicant submits a copy of her OPR, emails, a copy of the FY06 Air Force Reserve Colonel Promotion Board Fact Sheet and a copy of her awards and decorations information. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of lieutenant colonel. Applicant was considered and not selected for promotion to the grade of colonel by the FY06 Reserve Colonel Selection Board that convened on 16 October 2005. The OPR rendered on the applicant for the period 23 February 2003 through 23 October 2005 was not signed by the rater and the reviewer until 13 October 2006. The OPR was not processed in time for the promotion board. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends modification of the applicant’s request. The signature date of the rater and additional rater for this OPR should be changed from 13 October 2006 to 13 October 2005. This will make the document eligible for consideration by a special selection board (SSB). The applicant’s record, including the corrected 23 October 2003 OPR can be given SSB consideration by the FY06 USAFR Colonel Selection Board. This will correct the injustice of the missing OPR and give her a fair and equitable consideration for promotion. ARPC/DPB’s complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 January 2008, for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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. Having carefully reviewed this application and the evidence provided by the applicant, we agree with the Air Force office of primary responsibility that the applicant should meet an SSB for the FY06 USAFR Colonel Selection Board with the corrected OPR in question included in her record. Regarding her request for direct promotion to colonel, we do not find that she has been the victim of an error or injustice that would warrant such a remedy through the correction of records process. We believe that the question of who is best qualified for promotion among a competitive group of officers is best left to a promotion board empowered by law for that purpose. We note that the promotion board has the advantage of reviewing the records of all eligible officers in making a determination based on their review of who is “best qualified” for promotion. In those instances where we determine that an error or injustice has occurred that has possibly compromised an applicant’s promotion opportunity through the promotion board process, we believe that promotion consideration through the SSB process, with the record corrected, is the preferred method to resolve any question on promotion. Hence any determination to directly promote would have to be based on a view that the applicant had been the victim of such egregious actions as to leave no other recourse. The circumstances of this case do not lead us to such a finding. Therefore, we recommend her records be corrected only 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 the AF IMT 707A, Field Grade Officer Performance Report (OPR) rendered for the period 23 February 2003 through 23 October 2003, was signed by the rater and the additional rater on 13 October 2005, rather than on 13 October 2006, and was accepted for file in her Officer Selection Record on 15 October 2005. It is further directed that the corrected record be considered for promotion to the grade of colonel by a Special Selection Board for the Fiscal Year 2006 (FY06) USAFR Colonel Selection Board. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2007-03999 in Executive Session on 20 February 2008, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXX, Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Oct 07, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 21 Dec 07, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 11 Jan 08. XXXXXXXXXXXXXXXXX Panel Chair AFBCMR BC-2007-03999 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 XXXXXXX, XXXXXXX, be corrected to show that the AF IMT 707A, Field Grade Officer Performance Report (OPR) rendered for the period 23 February 2003 through 23 October 2003, was signed by the rater and the additional rater on 13 October 2005, rather than on 13 October 2006, and was accepted for file in her Officer Selection Record on 15 October 2005. It is further directed that the corrected record be considered for promotion to the grade of colonel by a Special Selection Board for the Fiscal Year 2006 (FY06) USAFR Colonel Selection Board. XXXXXXXXXX Director Air Force Review Boards Agency