AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01851 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

JAN  2 9  1999 

APPLICANT REOUESTS THAT: 
His record be considered for promotion to the grade of major by 
Special Selection Board  (SSB) for the Calendar Year 1997  (CY97) 
Major Board. 

APPLICANT CONTENDS THAT: 
The  Officer  Performance  Report  (OPR) rendered  for  the  period 
27 June 1996 through 16  May  1997 was not  filed  in his Officer 
Selection Record  (OSR) prior to the CY97C board. 
In support of the appeal, applicant submits a personal statement 
and the OPR closing out 16 May 1997. 
He  also  submits  a  letter  from  Brig  General  Johnston,  dated 
29 June 1998, which states due to administrative delays related 
to the unit move, the 16 May 1997 OPR was not sent to AFMPC prior 
to the CY97 major board which convened on 16 June 1997.  As the 
reviewer on the OPR, he  had  every  intention that  the OPR  be  a 
matter of record for the promotion board.  The applicant was on 
leave enroute to a permanent change of station (PCS) to Moody AFB 
during  the weeks  prior  to  the  board  convening and, through no 
fault of  his own, was unable  to discover the omission or take 
corrective action prior to the board. 
Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
The applicant is currently serving on extended active duty in the 
grade of Captain. 
Applicant was  considered and not  selected for promotion to the 
grade of major by the CY97C and CY98B Major Selection Boards. 

c 

98-01851 

OPRs  are  due  to  HQ  AFPC/DPPBR3  no  later  than  60  days  after 
closeout.  The OPR  closed out  16 May  1997 and was filed in his 
OSR 8 July 1998. 
OPR profile since 1992 follows: 

PERIOD ENDING 

EVALUATION OF POTENTIAL 

28 Mar 92 
28 Mar 93 
26 Jun 94 
26 Jun 95 
#  26 Jun 96 
*  16 May 97 
6 Jan 98 

Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 
Meets Standards 

*  Contested report 
#  Top report on file at time of the CY97C Major Board. 

AIR FORCE EVALUATION: 
The  Chief,  Appeals  and  SSB  Branch,  Directorate  of  Personnel 
Program Management, HQ AFPC/DPPPA, reviewed this application and 
states that  the  applicant  contends the  16  May  1997 OPR  should 
have been filed in his OSR when the selection board convened in 
June 1997.  They do not agree.  OPRs are due to HQ AFPC/DPPBR3 no 
later than  60 days  after  closeout.  Since  the  OPR  closed  out 
16 May  1997, it  was not  required to be  filed in his OSR  until 
15 July 1998, a month after the board  convened.  They note the 
OPR  was  filed  in  his  OSR  8  July  1998,  within  regulatory 
guidelines. 
Although the reviewer from the report claims responsibility for 
the OPR not reaching AFPC until July 1997, the officer also knew 
his OPR was closing out a month before the board  convened.  He 
could have elected to write a letter to the CY97C board president 
identifying his most recent accomplishments in the event his OPR 
was not filed prior to the board.  They find no evidence he wrote 
any such letter to the board, nor that he tracked the report from 
completion  to  file. 
Therefore,  they  recommend  denial  of 
applicant's request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
Applicant  reviewed the Air  Force evaluation and 
understands  that  the  OPR  was  not  required 

states that  he 
by  Air  Force 

2 

9 8 - 0 1 8 5 1  

instruction to be in his OSR.  He contends that it is evident by 
the closeout date of the OPR,  signature dates and verification by 
Brig General Johnston's memorandum, every intention was for the 
OPR  to be  considered by  the selection board and that  it  should 
have been considered.  He states he is not correcting a mistake, 
it  is a matter  of  his  OPR  being processed  in a timely manner. 
During  the  period  in  question,  he  was  engaged  in  mission 
accomplishment  (moving his unit safety office, conducting normal 
daily duties, arranging the movement of his household goods, out- 
processing, and finishing his masters thesis in order to complete 
his masters degree.  It is reasonable diligence to follow-up on 
the progress of processing an OPR;  he contends that these are by 
no  tneans  normal  circumstances  and  that  at  some  point  it  is 
reasonable to rely upon the chain of command. 

Applicant's complete response is attached at 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  probable  error  or  injustice.  We 
took notice of the applicant's complete submission in judging the 
merits  of  the  case;  however,  we  agree  with  the  opinion  and 
recommendation of the Air  Force and adopt their rationale as the 
basis  for  our  conclusion  that  the  applicant  has  not  been  the 
victim  of  an  error  or  injustice.  In  addition,  this  Board  is 
aware  of  the  fact  that  many  documents,  including  officer 
performance  reports,  are  faxed  to  the  central  selection boards 
just prior  to  their  convening and  even  during  their  evaluation 
process.  Applicant has not provided any documentation to support 
that his rating chain attempted to have the contested report sent 
to  the  selection  board  after  it  was  signed  on  14  June  1997. 
Therefore, in the absence of evidence to the contrary, we find no 
compelling 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  probable  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. 

3 

98-01851 

The following members of the Board considered this application in 
Executive  Session on  1 9   November  1998,  under  the provisions  of 
AFI 3 6 - 2 6 0 3 :  

Mrs. Barbara A. Westgate, Panel Chair 
Mr. Kenneth L. Reinertson Member 
Ms. Ann L. Heidig, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149,  dated 22  June 1998,  w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPPA, dated 17 July 1 9 9 8 .  
Exhibit D.  Letter, SAF/MIBR, dated 3  August 1 9 9 8 .  
Exhibit E.  Letter, Applicant, dated 10 August 1 9 9 8 .  

BARBARA A. WESTGATE (/ 
Panel Chair 

4