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AF | BCMR | CY1999 | 9802562
Original file (9802562.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02562
            INDEX CODE:  131.01

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered by a Special Selection Board (SSB) for the  Calendar
Year 1997D (CY97D) (5 Nov 97) Central Major Board  with  inclusion  of
the Officer Performance Report (OPR) rendered for the period 24 Nov 96
through 30 Jun 97 in her officer selection record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR was missing  from  her  OSR  when  the  CY97D  board
convened.  She also noted that her overseas duty history  was  missing
from her Officer Selection Brief (OSB) and her National  Certification
Board of Pediatric Nurse Practitioners and Nurses certificate was  not
filed in her OSR.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 Jan 82, the applicant entered extended active duty.   On  19 Apr
90, the applicant was released from active duty under  the  provisions
of AFR 36-12 (Voluntary Release:  Miscellaneous Reasons) in the  grade
of captain with an honorable characterization  of  service.   She  was
credited with 8 years, 2 months, and 23 days of active service.

On 24 Nov 95, the applicant entered EAD.  She is currently serving  on
EAD in the grade of captain, effective, and with a date of rank  (DOR)
of 25 Jul 89.  She currently has a date of separation (DOS) of  23 Nov
99.

Applicant’s Officer Effectiveness Report (OER)/OPR profile since  1985
reflects the following:

            PERIOD ENDING          OVERALL EVALUATION

              9 Nov 85                   1-1-1
             10 Aug 86                   1-1-1
              8 Dec 86                   1-1-1
             19 Nov 87                   1-1-1
             29 Jan 88         Education/Training Report (TR)
             29 Jan 89               Meets Standards
             29 Jan 90               Meets Standards
        Not Rated Due to Break in Service
             23 Nov 96               Meets Standards
           * 30 Jun 97               Meets Standards
             30 Jun 98               Meets Standards

     *  Contested report.

Applicant has one nonselection for promotion to the grade of major  by
the CY97D Central Major Board.

Applicant filed a similar appeal under AFI 36-2401, Correcting Officer
and Enlisted Reports.  The  Evaluation  Report  Appeals  Board  (ERAB)
reviewed her case for merit but returned it without action on 6 Jul 98
because she was requesting SSB consideration by the CY97D  board  with
inclusion of the OPR that had already been filed in her OSR.

The  Air  Force  indicated  that  Headquarters  AFPC/DPPAPP1   updated
applicant’s overseas duty data in  the  Headquarters  Air  Force  File
(HAF) on 24 Sep 98 and stated that  a  copy  of  applicant’s  National
Certification  Board  of  Pediatric  Nurse  Practitioners  and  Nurses
certificate was filed in her OSR on 25 Sep 98.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this application
and indicated that under normal circumstances,  they  would  recommend
approval of granting applicant SSB consideration by  the  CY97D  Board
because OPRs are required to be filed in the OSR no later than 60 days
after the close out date of the report.  However, in  this  case,  the
contested OPR was not completed until 26 May 98, some 11 months  after
the report closed out.   The  applicant  provided  information/support
from her rater and rater’s rater indicating a  breakdown  in  squadron
OPR processing procedures.  Evidently, her rater requested a change of
rater (CRO) effective 1 Jul  97  but  the  request  was  not  properly
processed in Personnel Concepts III (PCIII) and an OPR shell  was  not
produced.   The  oversight  was  attributed  to   improperly   trained
personnel in the squadron  orderly  room;  however,  the  rater  never
followed up after the initial request for a CRO OPR shell.  The  rater
also states that he confused the Promotion Recommendation  Form  (PRF)
request for  the  OPR  shell.   DPPPA  finds  that  hard  to  believe-
especially since an OPR shell is two pages and a PRF request  contains
only one.  They contend her rater (a major) had no doubt written  OPRs
and PRFs in the past and should have known the difference between  the
two products, or in the very least, questioned why the shell was in  a
different format.  The applicant does not provide any information from
the reviewing official.  Although  the  OPR  was  very  late  to  file
(almost an entire year after the close out date of the report), it did
not exist until May 98, some six months  after  the  CY97D  board  was
held.  DPPPA, therefore, would be opposed to the  applicant  receiving
SSB consideration by the CY97D Board with the OPR included in her OSR.

The applicant claims she reviewed her officer preselection brief (OPB)
carefully when she received it and discovered her  professional  board
certification was missing and she claims she worked closely  with  her
local military personnel flight (MPF) to correct the error.   However,
the board certification certificate was not filed in her OSB when  she
met the CY97D board.  DPPPA is convinced the CY97D board was aware  of
her board certification  and  appropriately  factored  it  into  their
promotion assessment of  the  applicant  because  the  CY97D  OSB  was
properly annotated “Yes.”  More importantly, her OSR contains a record
discrepancy memorandum from Headquarters  AFPC/DPPBR1  indicating  the
board  certification  certificate  was  missing  from  her  OSR  which
confirms the board was aware of her certification status.

Applicant claims she carefully reviewed her OSB  prior  to  the  CY97D
board; however, she did not mention that she  discovered  the  missing
overseas duty data until after the CY97D  board  was  held.   Had  the
applicant carefully reviewed her OPB prior to the CY97D board  as  she
states she did, the overseas data would  have  been  present  for  the
CY97D board’s review.  Additionally, the duty history portion  of  her
OSB and her OPRs documented tours of overseas duty at Torrejon, Spain,
and Osan Air Base, Korea.

DPPPA further states that  central  boards  evaluate  the  entire  OSR
(including  the  PRF,  OPRs,  OERs,  TRs,   letters   of   evaluation,
decorations, and OSB), assessing whole  person  factors  such  as  job
performance, professional qualities, depth and breadth of  experience,
leadership, and academic and  professional  military  education.   The
selection board had applicant’s entire OSR that clearly  outlines  her
accomplishments since the date she came on active duty.  DPPPA is  not
convinced the missing OPR, board certification  certificate  from  her
OSR, or the missing overseas duty data from her OSB caused applicant’s
nonselection  and  therefore  are  opposed  to   her   receiving   SSB
consideration.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 8 Oct
98 for review and response.  As of this date,  no  response  has  been
received by this office.

_________________________________________________________________

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 probable error or injustice.  We recognize  that  the
report in question was not completed until 26 May 98, 11 months  after
the report closed out.  However, we note the statement provided by the
commander to the 6th Medical Operations Squadron, dated 8 May 98,  who
indicates that the 6th Medical Operations Squadron  failed  to  submit
the contested report in a timely manner.  He  indicates  two  distinct
breakdowns in accountability occurred:  (1) Applicant’s previous rater
completed a CRO action but failed to begin  preparation/submission  of
applicant’s performance report for the period in question; and  (2)  A
RIP was not generated from PCIII to  prompt  action  from  applicant’s
previous rater to ensure completion of  her  performance  report.   We
also noted the statement provided by the rater of the contested report
who states that no RIP was generated for the submission of an OPR  for
the CRO and he was unaware at that time that such changes required  an
OPR by the out-going rater.  He also states that he confused  the  PRF
with the OPR and told the applicant that he had  already  written  and
submitted it.  In view of these statements, and in order to offset any
possibility of an injustice to the applicant, we recommend her record,
to include the OPR in question, be considered  for  promotion  to  the
grade of major by SSB for the CY97D selection board.

4.    We note that applicant mentions her overseas  duty  history  was
missing from her OSB and her National Certification Board of Pediatric
Nurse Practitioners and Nurses certificate was not filed in  her  OSR.
However, as stated by the  Air  Force,  applicant’s  OSR  contained  a
record discrepancy memorandum from AFPC/DPPBR1  indicating  the  board
certification certificate was missing from her OSR which confirms that
the board was aware of her certification status.   Further,  the  duty
history portion of her OSB and her OPRs documented tours  of  overseas
duty at  Torrejon,  Spain,  and  Osan  AB,  Korea.   In  view  of  the
foregoing, we  are  not  persuaded  that  these  omissions  constitute
anything more  than  harmless  errors.   Applicant  has  not  provided
persuasive evidence that these omissions were the sole  cause  of  her
nonselection.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the OPR, AF Form 707B, rendered  for
the period 24 Nov 96 through 30 Jun 97, be considered for promotion to
the grade of major by SSB for the CY97D Central Major Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 May 1999, under the provisions of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. E. David Hoard, Member
              Mr. Grover L. Dunn, Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 3 Sep 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 8 Oct 98.
     Exhibit D.  Letter, AFBCMR, dated 19 Oct 98.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



INDEX CODE:  131.01

AFBCMR 98-02562




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   , to include the Officer Performance Report (OPR),
AF Form 707B, rendered for the period 24 November 1996 through 30 June
1997, be considered for promotion to the grade  of  major  by  Special
Selection Board for the Calendar Year 1997D Central Major Board.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency


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