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AF | BCMR | CY1999 | 9900154
Original file (9900154.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00154
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for promotion to lieutenant  colonel  by  a  Special
Selection Board (SSB) for the CY98B (1  Jun  98)  Biomedical  Sciences
Corps (BSC) Lieutenant Colonel Selection Board, with inclusion of  the
Officer Performance Report (OPR) closing 30  Apr  98  in  her  Officer
Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her 30 Apr 98 OPR was not filed in her record in time to be considered
by the CY98B selection board despite assurances  from  the  operations
squadron commander that it would be datafaxed  in  time  to  meet  the
board.  The omission of the OPR may have conveyed a  negative  message
to the board.

In support of her request, applicant submits a personal statement  and
a statement from the additional rater (Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Military Service Date (TAFMSD) as  30
May 80.  She is currently serving on  active  duty  in  the  grade  of
major, with an effective date and date of rank of 1 Nov 93.

Applicant's OPR profile, commencing with the report closing 22 Jun  94
follows:

            Period Ending    Evaluation

               22 Jun 94     Meets Standards (MS)
               22 Jun 95          MS
               30 Apr 96          MS
            #  30 Apr 97          MS
               30 Apr 98          MS

# Top report at the  time  she  was  considered  and  nonselected  for
promotion to lieutenant colonel by the CY98B  BSC  Central  Lieutenant
Colonel Board, which convened on 1 Jun 98.

Information maintained in the Personnel Data System (PDS) reveals that
the applicant has been nonselected  for  promotion  to  the  grade  of
lieutenant colonel by one  selection  board.   She  currently  has  an
established date of separation of 31 Aug 99 and  will  be  voluntarily
retired effective 1 Sep 99.

_________________________________________________________________

AIR FORCE EVALUATION:

The Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed  this  application
and recommended denial.  DPPPA stated that the reviewer signed the OPR
on 18 Jun 98, after the board had adjourned.  There is no evidence  to
prove the evaluation chain went to extraordinary lengths to  have  the
OPR filed in time to be considered by the CY98B  board.   AFI  36-2492
states that OPRs are due for file no later than 60 days following  the
closeout of the report.  In the applicant’s case, the OPR was due  for
file on 30 Jun 98, well after  the  board.   As  such,  there  was  no
regulatory requirement for the OPR to be filed prior to the board.   A
complete copy of this evaluation is appended at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
February 1999 for review and response.  As of this date,  no  response
has been received by this office (Exhibit D).
_________________________________________________________________

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  are  convinced  by  the
supporting statement  from  the  additional  rater  that  the  OPR  in
question was intended to be in the applicant’s  selection  folder  for
the Calendar Year 1998B Biomedical  Sciences  Corps  (BSC)  Lieutenant
Colonel Selection Board.  It appears that the delay in processing  the
OPR was due to a change of command which was in progress at the  time.
In view of  the  foregoing,  we  believe  the  applicant  suffered  an
injustice, as a result of the omission of the OPR  from  her  records,
and that the OPR in question should be corrected  as  indicated  below
and  that  she  should  be  afforded  Special  Selection  Board  (SSB)
consideration by the CY98B BSC Lieutenant Colonel Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that Section  VIII  of  the
Field Grade Officer Performance Report (AF Form  707A),  rendered  for
the period 1 May  1997  through  30 April  1998,  was  signed  by  the
reviewer on 30 May 1998 rather than 18 June 1998, and, the report  was
accepted for file in her Officer Selection Record on 1 June 1998.

It is further recommended that she be considered for promotion to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 1998B (1 June  1998)  Biomedical  Sciences  Corps  (BSC)
Lieutenant Colonel Selection Board, with inclusion  of  the  corrected
OPR.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 May 1999, under the provisions of AFI 36-2603:

                  Ms. Martha Maust, Panel Chair
                  Mr. Lawrence R. Leehy, Member
              Ms. Rita J. Maldonado, Member

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

   Exhibit A.  DD Form 149, dated 14 Jan 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPA, dated 28 Jan 99.
   Exhibit D.  Letter, SAF/MIBR, dated 15 Feb 99.




                                   MARTHA MAUST
                                   Panel Chair



AFBCMR 99-00154
INDEX CODE:  131.00




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 APPLICANT be corrected to show that Section VIII of
the Field Grade Officer Performance Report (AF Form 707A), rendered
for the period 1 May 1997 through 30 April 1998, was signed by the
reviewer on 30 May 1998 rather than 18 June 1998, and, the report was
accepted for file in her Officer Selection Record on 1 June 1998.

      It is further directed that she be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 1998B (1 June 1998) Biomedical Sciences Corps (BSC)
Lieutenant Colonel Selection Board, with inclusion of the corrected
OPR.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


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