RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00009 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her AF Form 707, Officer Performance Report (OPR), rendered for the period of 16 May 2009 to 9 April 2010 be included in her Officer Selection Record (OSR). 2. Her Defense Meritorious Service Medal (DMSM) be added to her OSR. 3. She be given special selection board (SSB) consideration with the corrected OSR for the Calendar Year 2010 (CY10) Line and Health Professions Lieutenant Colonel (Lt Col) Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: The OPR and DMSM were not included in time for the Lt Col CSB held on 14 June 2010 due to ongoing conflicts in Southeast Asia. Several key personnel were absent from the Airborne Laser System Program office. Specially, the administrative section had several individuals go on no-notice deployments and temporary duty (TDY) assignments, along with personnel in her chain of command. Since the changeovers were not overlapping, several documents were inadvertently mislaid and not routed through the correct channels. In summary, two critical documents, the DMSM and OPR should have been a matter of record when the board met. In support of her request, the applicant provides copies of a letter from her rating chain, her CRO/Duty Information Worksheets, OPR, the Missile Defense Agency Awards Guide for Military Personnel, and her DMSM and citation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 6 July 2010, the applicant was awarded the Defense Meritorious Service Medal for “Exceptional Meritorious Service for the Armed Forces of the United States.” On 20 October 2010, the Missile Defense Agency awards manager amended the Military Personnel Award Order Number 2010-40, dated 7 July 2010, to read “29 June 2010” rather than “6 July 2010.” On 1 March 2011, the applicant retired from the Air Force Reserve in the grade of major. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states the DMSM and OPR were not required or available to the CY10 board. In accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems, OPRs are due to ARPC/DPBR 90 days after the close out of the form. That is the suspense for filing an OPR in an OSR. A report is not due for filing or expected to be available for filing until the 90th day. If an organization is able to complete and submit a report prior to that suspense, they have exceeded their expectation. They are in no way required to accomplish that. The OPR in question was due for filing in the OSR, 9 July 2010, nearly a month after the 14 June 2010 board convened. The order announcing the award of the DMSM was initially dated 6 July 2010. The Department of Defense later amended that date to read 29 June 2010. It is unlikely the Secretary of the Air Force, acting through the Air Force Board for Correction of Military Records, has the ability to affect the date of the awarding of the Department of Defense (DoD) decoration. Since the date of the order has previously been amended, it is unlikely the DoD will again make a change. Allowing these documents “after-the-fact” places the remaining 1,460 officers at a distinct disadvantage, which could call into question the procedures used and the policies applied to the promotion process. The complete DPB evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 February 2010, a copy of the Air Force evaluation was forwarded to applicant 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took careful notice of the applicant's complete submission in judging the merits of the case; however, after thoroughly reviewing the evidence of record, we find no evidence which would persuade us that her records should be considered by a SSB with the inclusion of her DMSM or OPR ending 9 April 2010. While the applicant states her record was not complete for the CY10 Line and Health Professions Lieutenant Colonel CSB, she has not provided any evidence that would warrant an exception to policy. 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. In the absence of sufficient 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 material 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 AFBCMR Docket Number BC-2011-00009 in Executive Session on 21 July 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00009 was considered: Exhibit A. DD Form 149, dated 21 Dec 10, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 21 Jan 11. Exhibit C. Letter, SAF/MRBR, dated 11 Feb 11. Panel Chair