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AF | BCMR | CY2001 | 0003060
Original file (0003060.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03060
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reconsidered for promotion to the Reserve  grade  of  lieutenant
colonel by the Fiscal Year 2001 (FY01)  Line  and  Health  Professions
Lieutenant Colonel Position Vacancy Selection Board, with inclusion of
his Officer Performance Report (OPR) rendered for the period 1 Jun  99
through 31 May 00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His personnel record did not contain his OPR closing 31 May 00 and was
not a matter of record to compliment his promotion recommendation.

In support of his appeal, the applicant provided  copies  of  his  OPR
closing 31 May 00 and his Promotion Recommendation Form (PRF).

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the Air  Force  Reserve  in
the grade of major, having been promoted to that grade on 18  Dec  94.
He is credited with 24  years  of  satisfactory  Federal  service  for
retirement

Applicant's OER/OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      30 Sep 89  Meets Standards (NON-EAD)
      30 Sep 90  Meets Standards (NON-EAD)
      30 Jun 91  Meets Standards (NON-EAD)
      12 Apr 92  Meets Standards (NON-EAD)
      12 Apr 93  Meets Standards (NON-EAD)
      12 Apr 94  Meets Standards (NON-EAD)
      12 Apr 95  Meets Standards (NON-EAD)
      12 Apr 96  Meets Standards (NON-EAD)
      12 Apr 97  Meets Standards (NON-EAD)
      12 Apr 98  Meets Standards (NON-EAD)
  #  31 May 99   Meets Standards (NON-EAD)
      31 May 00  Meets Standards (NON-EAD)

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  FY01  (18 Jun 00)
Line  and  Health  Professions  Lieutenant  Colonel  Position  Vacancy
Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Reserve of the Air Force  Board  Secretariat,  ARPC/DPB,  reviewed
this application and recommended denial.  DPB indicated that  the  OPR
in question was not due for placement  in  the  applicant’s  selection
folder until 28 Aug 00.  It was signed by the applicant’s senior rater
on 6 Oct 00 and became a matter of record on 16 Oct 00.

DPB stated that when there is an OPR less than 15 months  old  in  the
selection folder, a PRF is the vehicle used to convey  any  additional
information  to  the  selection  board.   A  PRF  completed   by   the
applicant’s senior rater was available and  filed  for  the  selection
board’s use in its review of the applicant’s potential for  promotion.
When the FY01 Line and Health Professions Lieutenant Colonel  Position
Vacancy Selection Board considered the applicant’s  selection  folder,
it was complete and accurate.

A complete copy of the DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 5 Jan
01 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.  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 did not find  it  sufficient  to  override  the  rationale
expressed by the Air Force office of primary responsibility.  We  note
that the OPR closing 31 May 00 was not required to be on file when the
applicant was considered for promotion by the  FY01  Line  and  Health
Professions  Lieutenant  Colonel  Position  Vacancy  Selection  Board.
Furthermore, we  find  no  evidence  that  the  applicant’s  superiors
attempted to have the report included  in  his  record  prior  to  the
convening of the board.  In view of the foregoing, and in the  absence
of evidence that the  applicant’s  OPR  closing  31  May  00  was  not
processed in a timely manner, we adopt the  Air  Force  rationale  and
conclude that no basis exists to recommend granting the relief  sought
in this application.  However, if the applicant can provide statements
from his rating chain that  it  was  their  intent  to  have  the  OPR
included in the applicant’s record  prior  to  the  convening  of  the
Board, we may be inclined to favorably reconsider his appeal.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 Mar 01, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Ms. Carolyn J. Watkins, Member
      Mr. John E. Pettit, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 13 Dec 00.
    Exhibit D.  Letter, SAF/MIBR, dated 5 Jan 01.




                                   TERRY A. YONKERS
                                   Panel Chair

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