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AF | BCMR | CY2002 | 0200978
Original file (0200978.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00978
            INDEX CODE:  100.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board  (SSB)  consideration  for  selection  to
attend Intermediate Service School (ISS) for the CY01 ISS Central  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record was incomplete and did not  contain  current  data  when  he  was
considered by the CY01 ISS selection board.  His Officer Performance  Report
(OPR) which closed on 21 Jul 01 was not completed until 4  Mar  02  and  was
not in his record until 11 Mar 02.

In  support  of  his  request,  applicant  provided  a  statement  from  his
commander, a copy of the OPR closing 21  Jul  01;  and  his  AF  Form  3849,
PME/AFIT/RTFB Officer  Worksheet.   Applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
was appointed a second lieutenant, Reserve of the Air Force  on  15  Dec  89
and was voluntarily ordered to extended active duty on 14 Oct  90.   He  was
integrated into the Regular Air Force on 28 Aug 97.   He  was  progressively
promoted to the grade of major having assumed that grade effective and  with
a date of rank of 1 May 01.  He was considered  and  not  selected  for  ISS
attendance by the CY01 ISS Central Selection Board which convened on  4  Sep
01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAP reviewed applicant's request and recommends denial.   DPAP  states
that his OPR was not required to be on file at AFPC prior to  the  start  of
the CY01 ISS board.  AFI36-2611 states that each officer should  ensure  his
assignment selection folder is up-to-date.  The  assignment  folder  is  the
Officer Selection Record (OSR).  The OSR is accessible to  the  officer  and
he  is  responsible  for  reviewing  it  and  ensuring  its   accuracy   and
completeness.   AFI36-2406  states  that  OPRs  are  due  to  the   Military
Personnel Flight (MPF) "no later than 30 days  after  close-out."   In  this
case it would have been 20 Aug 01.  His OPR was not signed until 4  Mar  02,
well after the 20 Aug 01 suspense.  AFI 36-2406 also states  that  OPRs  are
due at AFPC "no later than 60 days after  close-out."   In  this  case  this
date would have been 19 Sep 01.  The CY01 ISS board adjourned on 11 Sep  01.
 AFPC/DPPBR adds that OPRs closing out within 45 days of board  start  dates
are not required to be on file in the OSR.  Day 45 in this case  would  have
been 4 Sep 01, the first day of the CY01 ISS board.  The DPAP evaluation  is
at Exhibit C.

AFPC/DPPPO reviewed applicant's request, concurs with the findings of  DPAP,
and recommends denial.  The DPPPO evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that the fact that he is responsible to  make
sure his records are up to date has no bearing on  this  case.   He  has  no
legal power to force his supervisor to turn in his OPR on  time.   Realizing
there could be a potential conflict, he inquired about  the  status  of  his
OPR on at least 17 occasions.  His supervisor signed a  statement  accepting
full responsibility for the tardiness  of  the  OPR.   The  fact  that  OPRs
aren't required to be in the MPF until 30 days  after  closeout  proves  his
case.  If the OPR had been turned in on time, it would have been in the  MPF
in time for his senior  rater  to  view  a  complete  copy  of  his  record.
Stating that the OPR was required to be at AFPC no later than 60 days  after
closeout can be interpreted to indicate that the system still had 8 days  to
get the OPR into his  records.   He  understands  that  interpretation,  but
hopes that with the difference of a few hours, the benefit would go  to  the
individual.  The advisory further states that OPRs that close out within  45
days of a board start date are not required to be on file in  the  OSR.   In
this case, day 45 was the day of the board.

He filed this application first, because due to a late OPR his senior  rater
screened an incomplete record and second, the selection  board  screened  an
incomplete record.  The advisories did not address his  argument  concerning
his senior rater screening an incomplete  record.   The  obvious  importance
and impact on the senior rater alone should be enough  to  warrant  approval
of his request.  The applicant's complete submission is at 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  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  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
this  respect,  we  note  that  in  accordance  with  applicable  Air  Force
instructions, the OPR closing on 21 Jul 01 was not required to  be  on  file
at AFPC until after the date the ISS selection board adjourned.   Therefore,
in the absence of persuasive evidence that the  appropriate  standards  were
not applied in this case, 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 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  Docket  Number  02-00978  in
Executive Session on 3 Sep 02, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAP, dated 1 May 02.
    Exhibit D.  Letter, AFPC/DPPPO, dated 10 Jun 02.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Jul 02.
    Exhibit F.  Letter, Applicant, not dated




                                   JOHN L. ROBUCK
                                   Panel Chair

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