RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04446 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The signature dates on his Officer Performance Report (OPR) rendered for the period of 12 February 2009 through 11 February 2010 be changed to 1 March 2010. 2. He receive Special Selection Board (SSB) consideration by the Below-the-Promotion Zone (BPZ) CY10A Lieutenant Colonel (Lt Col) Central Selection Board (CSB). ________________________________________________________________ APPLICANT CONTENDS THAT: 1. The OPR closing out 11 February 2010 comprised a significant portion of the senior rater’s promotion recommendation form (PRF) assessment for the CY10A promotion board. 2. The wing commander intended for the OPR to be considered by the CY10A CSB. However, administrative errors and temporary duty assignments delayed its completion. 3. The absence of his OPR resulted in the exclusion of significant performance information and an incomplete evaluation for future potential. In support of his request, the applicant provides a copy of his OPR, PRF and letters of support from his leadership chain. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major. The applicant was considered and not selected for promotion to the grade of Lt Col by the BPZ CY10A Lt Col CSB, which convened on 8 March 2010. The applicant did not file an appeal through the Evaluation Reports Appeals Board (ERAB) under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID defers to AFPC/DPSOO. DPSID states that the report was processed IAW AFI 36-2406, Officer and Enlisted Evaluation Systems, which states performance reports are due to AFPC no later than 60 days after closeout. The closeout date of the applicants report was 11 February 2010; therefore, the report was not required to be in the applicant’s Officer Selection Record (OSR) until 13 April 2010. The board convened on 8 March 2010 and the report was not finalized until 10 April 2010, after the board adjourned. There are other officers in similar situations where the closeout date is similar; however, unless the OPR is processed with all the required signatures, the OPR cannot be placed into the member’s record. To allow the OPR to be included after the board adjourns would allow the applicant an advantage not afforded to other officers. The complete DPSID evaluation is at Exhibit C. AFPC/DPSOO recommends denial. DPSOO states the absence of the 11 February 2010 OPR does not constitute an error since the report was not required to be filed in the applicant’s record until 60 days after the close out date, or 13 April 2010. If the applicant believed this document was important in his promotion consideration, he could have written a letter to the board members informing them of his accomplishments mentioned in his OPR. DPSOO has verified the applicant did not elect to exercise this entitlement. The complete DPSOO evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 25 March 2011, for review and comment within 30 days(Exhibit E). As of this date, this office has not received a 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record, we are not persuaded the signature dates on his OPR should be changed. We note the letters of support from the applicant’s chain of command stating it was their intent for the OPR to be considered by the CY10A CSB. However, we do not find the evidence presented sufficiently persuasive to show that the applicant was treated differently than other officers similarly situated. Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Regarding his request for SSB consideration, since the report was not required to be filed in the applicant’s record until 60 days after the close out date, or 13 April 2010, there exists no basis for SSB consideration. In view of the above and absent persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered BC-2010-04446 in Executive Session on 24 May 2011 under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04446 was considered: Exhibit A. DD Form 149, dated 25 October 2010, w/atchs. Exhibit B. AFPC/DPSID, Letter, dated 24 February 2011. Exhibit C. AFPC/DPSOO, Letter, dated 14 March 2011. Exhibit D. SAF/MRBR, Letter, dated 25 March 2011. Panel Chair