RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03392

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a special review board (SRB) for promotion to  the
grade of lieutenant colonel by the Fiscal Year 2003  (FY03)  Line  and
Health Professions Lt Colonel Position Vacancy  (PV)  Selection  Board
with inclusion of the Officer Performance Reports closing  out  9  May
2001 and 9 May 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of FY03 Lt Col  selection  board,  his  records  were  not
accurate and did not contain certified copies of either his  2001  and
2002 Officer Performance Reports.  Therefore, selection board  members
were not provided an accurate picture of his military career and  this
omission  misrepresented  his  level  of  attention  to   detail   and
negatively impacted his opportunity for promotion.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty  in  the
grade of major.

Applicant was considered and not  selected  for  promotion  to  the
grade of lieutenant colonel by the FY03 Line and Health Professions
Lt Colonel Selection Board that convened on 24 Jun 02.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB  stated  the  OPR  closing  6  May  2001  was  eligible   for
consideration by the selection board, but was not received or  entered
into his record until 5 August 2002.  This missing document could have
negatively impact his promotion opportunity.  DPB recommended awarding
a special review board (SRB)  in-lieu-of  the  FY03  Line  and  Health
Profession Lt Colonel PV selection board.  His OPR closing out  9  May
2001 should  be  placed  in  his  selection  record,  along  with  the
remainder of his selection record  and  the  Promotion  Recommendation
Form received for the original board.  His record should  be  compared
with the benchmark records of that board.  If selected,  he  could  be
awarded a date of rank of 12 September 2002, the date awarded other PV
selectees from that board.  If not  selected,  no  further  action  is
required.

The OPR closing 9 May 2002 was not  received  until  22  August  2002;
however, it was not overdue for the June 2002 selection board.  It was
not due for filing until 6 August, nearly two months after  the  board
adjourned.  If it had arrived prior to the selection board,  it  would
have been considered.  As it did not arrive and was not due for filing
until well after the board adjourned,  it  is  not  eligible  for  the
board.

ARPC/DPB complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  stated  that  the
2002 OPR was forwarded via Federal Express on 28 May 2002  and  mailed
by his servicing mission support squadron (MSS) on  31  May  2002.   A
copy of the FedEx tracking results shows  the  arrival  at  ARPC  with
personal accountability (signed by J. Nation) on 29 May 2002, 27  days
prior to the FY03 Line and Health Professional  Lt  Col  PV  selection
board.  The 2002 OPR was sent via FedEx with the specific  purpose  of
ensuring it would be considered by the FY03  board.   He  respectfully
requests that the 9 May 2002 OPR  be  included  in  his  records  when
submitted for a SRB.

_________________________________________________________________

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 error or  injustice  in  regards  to  the  contested  OPR
closing May 2001.  After reviewing the comments provided  by  the  Air
Force, we are persuaded that the OPR closing 9 May  2001  should  have
been in his records at the time the FY03 board  convened.   Therefore,
recommend his record with inclusion of the OPR closing 9 May  2001  be
considered for promotion to the Reserve grade of Lieutenant Colonel by
Special Review Board

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an  error  or  injustice  regarding  the  applicant’s
request that his May 2002  OPR  be  included  in  the  FY03  selection
process.  After reviewing the evidence provided, we are not  persuaded
that supplemental consideration for  promotion  by  Special  Selection
Board (SSB) is warranted for the May 2002 OPR.  The applicant’s states
that his OPR that closed May 2002 was not on file prior  to  the  FY03
Line and Health Professions  Lieutenant  Colonel  Selection  Board  in
question.  In this respect, the Board notes that the OPR  closing  May
2002 was not received by ARPC until 22 August 2002.  However, the  OPR
was not overdue for the June 2002 selection board.  The  OPR  was  not
due for filing until 6 August 2002, nearly two months after the  board
adjourned.  Therefore, 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.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, to include the Officer Performance Report  for
the period 10  May  2000  through  9  May  2001,  be  considered  for
promotion to the grade of lieutenant colonel, Air Force Reserve, by a
Special  Review  Board  (SRB);  that  his  record  be  evaluated   in
comparison with the records of officers were and were not selected by
the FY03  Line  and  Health  Profession  Lieutenant  Colonel  Overall
Vacancy Selection Board which  convened  on  24  June  2002;  and  if
recommended for promotion  by  the  SRB,  the  Air  Force  Board  for
Correction of Military Records be advised of that  recommendation  at
the earliest practicable date so that all necessary  and  appropriate
actions may be completed.

If he is not recommended for promotion by  the  SRB,  the  office  of
primary responsibility advise him accordingly.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 January 2003, under the provisions of AFI  36-
2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Ms. Martha Evans, Member
                 Mr. Joseph A. Roj, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 Oct 02.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPB, dated 30 Oct 02.
      Exhibit D. Letter, SAF/MRBR, dated 8 Nov 02.






      PHILIP SHEUERMAN
      Panel Chair

   AFBCMR 02-03392




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,  to  include  the  Officer  Performance
Report for the period 10 May 2000 through 9 May 2001,  be  considered
for promotion to the grade of lieutenant colonel, Air Force  Reserve,
by a Special Review Board (SRB); that  his  record  be  evaluated  in
comparison with the  records  of  officers  who  were  and  were  not
selected by the FY03 Line and Health  Profession  Lieutenant  Colonel
Overall Vacancy Selection Board which convened on 24 June  2002;  and
if recommended for promotion by the SRB,  the  Air  Force  Board  for
Correction of Military Records be advised of that  recommendation  at
the earliest practicable date so that all necessary  and  appropriate
actions may be completed.

        If he is not recommended for promotion by the SRB, the office
of primary responsibility advise him accordingly.












            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency