RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03669
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reconsidered for promotion to the grade of lieutenant colonel by
the Fiscal Year 2003 (FY03) Line  and  Health  Professions  Lieutenant
Colonel Position  Vacancy  Selection  Board,  with  inclusion  of  his
Officer Performance Report (OPR) rendered for  the  period  1  May  01
through 30 Apr 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a result of an  administrative  error  on  base,  his  OPR  closing
30 Apr 02 was not included in his Officer Selection Record  (OSR)  for
consideration by the  FY03  Line  and  Health  Professions  Lieutenant
Colonel Position Vacancy Selection Board.

In support of his appeal, the applicant provided a statement from  his
commander (rater) and a copy of his OPR closing 30 Apr 02.

Applicant's complete submission, with attachments, 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  9  Sep  97.
He has been credited with 30 years of satisfactory Federal service for
retirement.

Applicant's OPR profile since 1994 follows:

      PERIOD ENDING    EVALUATION

      31 Oct 94  Meets Standards (NON-EAD)
      31 Oct 95  Meets Standards (NON-EAD)
      31 Oct 96  Meets Standards (NON-EAD)
      31 Oct 97  Meets Standards (NON-EAD)
      30 Apr 98  Meets Standards (NON-EAD)
      30 Apr 99  Meets Standards (NON-EAD)
      30 Apr 00  Meets Standards (NON-EAD)
  #  30 Apr 01   Meets Standards (NON-EAD)
      30 Apr 02  Meets Standards (NON-EAD)

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  FY93  Reserve  of
the Air Force Line and Health Professions Lieutenant Colonel Selection
Board.

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AIR FORCE EVALUATION:

ARPC/DPB reviewed this application and recommended  denial  indicating
that the OPR in question was not due for filing in the applicant’s OSR
until 30 Jul 02.  OPRs are considered “late” if they are not  received
and filed in the OSR 90 days after the closeout date.  The 90 days are
to provide for all the administrative checks and  balances  to  insure
the  OPR  is  accurate  once  filed  in  the  OSR.   To  meet   policy
requirements, an OPR eligible for the board would have to have  closed
out on 27 Mar 02 or earlier and was not present in  the  OSR  to  have
been considered “late” and  create  an  error  that  would  enable  an
officer to request reconsideration for promotion.

ARPC/DPB stated that while the applicant’s chain of  command  intended
to place the OPR in his OSR in time for the board, the fact  that  the
document  was  not  there  was  not  an  error  in  his  record.   The
applicant’s Promotion Recommendation Form (PRF)  was  present  in  his
record.

According to ARPC/DPB, the Air Force Reserve uses the PRF as both  the
nomination tool for a position vacancy promotion and  to  document  an
officer’s performance over the entire career,  most  particularly  the
most recent year if the “top” OPR is less than 15 months  old  (within
one year of the board plus the 90-day window).

In ARPC/DPB’s view, there was no error in the applicant’s record  when
it met the board.  The OPR in question was not late for filing in  the
OSR, therefore, no error occurred.

A complete copy of the ARPC/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 6 Dec
02 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  error  or  injustice.   The  applicant's  complete
submission was thoroughly reviewed, including the statement  from  his
rater, and his contentions were duly noted.  However, we do  not  find
the applicant’s assertions and the documentation submitted in  support
of his  appeal  sufficiently  persuasive  to  override  the  rationale
provided by the Air Force office of primary responsibility (OPR).   We
note that the applicant’s OPR closing 30 Apr 02 was not required to be
on file when the applicant was considered for promotion  by  the  FY03
Line  and  Health  Professions  Lieutenant  Colonel  Position  Vacancy
Selection Board, which convened on 24 Jun 02.  While it  appears  that
the applicant’s superiors attempted to have the report included in his
OSR prior to the convening of the board, we note that the  report  was
submitted prior to closeout date of the report and seems to have  been
returned to the applicant’s unit.  We further note that  the  OPR  was
subsequently accomplished after the board had adjourned.  No  evidence
has  been  presented  which  shows  to  our  satisfaction   that   the
applicant’s OPR closing 30 Apr 02 was not processed in a timely manner
which precluded its inclusion in the  applicant’s  OSR  prior  to  the
convening of the board.  In view of the foregoing, and in the  absence
of  sufficient  evidence  to  the  contrary,   we   agree   with   the
recommendation of the OPR and adopt their rationale as the  basis  for
our decision that the applicant has failed to sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, 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 AFBCMR Docket Number 02-
03669 in Executive Session on 25 Feb 03, under the provisions  of  AFI
36-2603:

      Mr. Gregory Petkoff, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 25 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.




                                   GREGORY PETKOFF
                                   Panel Chair