RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03324
            INDEX CODE:  111.01, 131.01

            COUNSEL:  None

            HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS:

Promotion reconsideration  by  the  Calendar  Year  1998B  (1 Jun  98)
Lieutenant Colonel Board with inclusion  of  the  Officer  Performance
Report (OPR) rendered for the period 31 May 97 through 21 May 98.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report should have been included in his record  for  the
CY98B board.  He stated, in part, that he and his  squadron  commander
were fully aware of the importance of having  a  current  OPR  in  his
records.  With his squadron commander’s change  of  command  scheduled
for 21 May 98, that became the logical close out date for the OPR.  He
was assured group and wing staffs had been consulted  and  that  there
would be ample time to get the OPR signed and into his records for the
board to consider.  A string of  three  consecutive  temporary  duties
(TDYs) from mid-May to early June limited his ability to follow up  on
the OPR.

In support of his appeal, the applicant provided a copy of the  report
in question, copies  of  his  TDY  orders,  and  statements  from  the
evaluators of the contested report.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
23 Apr 82.  He is currently serving on extended  active  duty  in  the
grade of major, effective, and with a date of rank (DOR) of 1 Sep 94.

Applicant’s Officer Effectiveness Report (OER) and OPR  profile  since
1986 follows:

            PERIOD ENDING          OVERALL EVALUATION

             25 Feb 86                   1-1-1
             25 Jun 86                   1-1-1
             23 Jul 87                   1-1-1
              9 Oct 87         Education/Training Report (TR)
             25 Feb 87                   1-1-1
             13 Sep 88              Meets Standards
             13 Sep 89              Meets Standards
             13 Sep 90              Meets Standards
             13 Sep 91              Meets Standards
             20 May 92              Meets Standards
             20 May 93              Meets Standards
             30 May 94              Meets Standards
             30 May 95              Meets Standards
             30 May 96              Meets Standards
             30 May 97              Meets Standards
           * 21 May 98              Meets Standards
             21 May 99              Meets Standards

     * Contested report.

The contested report was filed in applicant’s records on 29 Jul 98.

Applicant was considered and not selected for promotion to  the  grade
of lieutenant colonel  by  the  CY98B  and  CY99A  Central  Lieutenant
Colonel Boards.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this application
and indicated that the OPR the applicant desires to be included in his
record for reconsideration closes out  on  21 May  98.   AFI  36-2402,
paragraph 3.6.4.3, states that OPRs are due for file  at  Headquarters
Air Force Personnel Center (AFPC) no later than 60 days following  the
close out of the report.  In the applicant’s case, the OPR was due for
file on 21 Jul 98-well after the board.

Regarding the statements from the evaluators of the contested  report,
neither one of the evaluators demonstrate that they made extraordinary
efforts prior to the convening date to  have  the  OPR  filed  in  the
applicant’s record in time  for  the  board.   DPPPA  notes  that  the
signature dates on the OPR are 26 Jun 98, 30 Jun 98, and 2 Jul  98  by
the  rater,  additional  rater,  and  reviewer,   respectively.    The
evaluators did not sign the report until late June/early Jul  98-after
the board had not only convened but adjourned as well.  DPPPA  is  not
convinced the evaluators intended to have the report  in  question  at
AFPC in time for consideration for the CY98B board.

DPPPA  further  states  that  each  officer  eligible  for   promotion
consideration is advised of the entitlement to  communicate  with  the
board president.  The applicant could have used this means  to  inform
the board president of  his  past  year’s  accomplishments.   However,
DPPPA verified  that  the  applicant  elected  not  to  exercise  this
entitlement.  Based on the evidence provided,  they  recommend  denial
due to lack of merit.

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  provided  a  one-page
statement and a statement from his commander.

Applicant’s  complete  response,  with  attachment,  is  attached   at
Exhibit E.

On 29 Mar 99, the additional rater of the contested report provided  a
statement in applicant’s behalf (see Exhibit F).

_________________________________________________________________

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.   After  thoroughly
reviewing the evidence of record, to include the statements  from  the
applicant’s rating chain, we are persuaded that he was denied fair and
equitable consideration for promotion by the  CY98B  selection  board.
In this respect, although the contested report was not required to  be
on file at the time the CY98B board convened,  we  note  the  comments
from applicant’s rating chain that it was their  intent  to  have  the
contested report completed and in his records for the CY98B  board  to
review.  However, it appears that through no fault of the applicant’s,
the  contested  report  was  returned  for  corrections  and   through
administrative oversight, was not finalized until after the  selection
board had adjourned.  While it cannot be conclusively determined  what
impact the lack of this OPR had on the selection board, we believe  it
served to deprive him of full and fair consideration.   Therefore,  we
recommend his record, to include the contested report,  be  considered
by an SSB for the CY98B selection board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the OPR, AF Form 707A, rendered  for
the period 31 May 97 through 21 May 98, be considered for promotion to
the  grade  of  lieutenant  colonel  by  SSB  for  the  CY98B  Central
Lieutenant Colonel Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 August 1999, under the provisions  of  AFI  36-
2603:

                  Ms. Rita S. Looney, Panel Chair
                  Ms. Marcia J. Bachman, Member
              Ms. Barbara J. White-Olson, 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 24 Nov 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 21 Dec 98.
     Exhibit D.  Letter, AFBCMR, dated 18 Jan 99.
     Exhibit E.  Letter fr applicant, dated 11 Mar 99, w/atch.
     Exhibit F.  Letter fr additional rater, dated 29 Mar 99.




                                   RITA S. LOONEY
                                   Panel Chair



INDEX CODE:  111.01, 131.01

AFBCMR 98-03324




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,  AF
Form 707A, rendered for the period 31 May 1997 through 21 May 1998, be
considered for promotion to the  grade  of  lieutenant  colonel  by  a
Special Selection Board for the Calendar Year 1998B Central Lieutenant
Colonel Board.






                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency