RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC 2002-04081
            INDEX NUMBER:  131.00
      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered on him for the period  21
Jul 01 through 20 Jul 02 be included in his  officer  selection  record
(OSR) for the calendar year 2002B  (CY02B)  (3 Oct  02)  Central  Major
Selection Board.

He be granted promotion consideration to the grade of major by  special
selection board (SSB) for the CY02B Central Major Selection Board  with
his record corrected as indicated above.

________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR rendered on him for the period 21 Jul 01 through 20 Jul 02  was
not completed until 9 Oct 02 and, therefore, not included in his OSR.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on  active  duty  in  the  grade  of
captain.  He was considered but not selected for promotion to the grade
of major by the CY02B Central Major Selection Board.  A review  of  his
OPRs indicates overall ratings of “meets standards.”

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  Although  AFI
36-2406, paragraph 3.8.5.6, states that OPRs on  extended  active  duty
(EAD) officers are due at HQ AFPC  no  later  than  60  days  following
closeout of the report, the applicant’s OPR was not signed until 9  Oct
02, three days after the promotion board convened.  As  such,  the  OPR
was not a matter of record.  Furthermore, the applicant did not provide
any supporting documentation from his evaluators explaining  the  delay
in processing the OPR.

Additionally, each officer eligible for promotion  is  advised  of  the
entitlement to communicate with the  board  president.   The  applicant
could have used this  means  to  inform  the  board  president  of  the
accomplishments covered in the missing OPR, but chose not to.

While it may be argued that  the  missing  OPR  was  a  factor  in  the
applicant’s nonselection, there is no clear evidence that  its  absence
negatively impacted his promotion opportunity.

The complete evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation,  the  applicant  addressed
each contention expressed within.  The applicant asserts that  although
his OPR was not signed until after the  60-day  requirement  to  be  on
file, it did not eliminate the requirement for the OPR to  be  included
in his OSR.  In regards to the lack of  supporting  documentation  from
his rating chain  explaining  why  the  OPR  was  processed  late,  the
applicant provides statements from his rating  chain  as  well  as  his
orderly room.  He states that he did  not  write  the  board  president
because he had been previously told that he could not write  the  board
about anything that was supposed to be a part of his permanent  record.
He also disagrees with the Air Force’s view that there is  no  evidence
that the missing OPR negatively impacted his promotion opportunity.

The applicant’s complete response, with attachments, is at Exhibit E.

________________________________________________________________

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.   The  Board  does  not  believe  the
applicant should be penalized for actions that were completely  out  of
his control.  The  records  show  that  the  applicant’s  OPR  was  not
completed and filed within the timeframe mandated by the pertinent  Air
Force Instruction.  As such, the applicant was considered for promotion
without his most recent performance documented.  We do not believe that
the applicant’s option to write the promotion  board  president  is  an
acceptable alternative to the required report being on file.   Finally,
we note AFPC/DPPPO’s assertion that there is no clear evidence that the
OPR’s   absence   negatively   impacted   the   applicant’s   promotion
opportunity.  We also note that they state that it may be  argued  that
the “missing” OPR was a factor  in  the  applicant’s  nonselection  for
promotion.  We believe that any doubt that exists regarding the  impact
of this OPR should be resolved in the applicant’s favor.  Therefore, we
recommend that the applicant’s records be corrected as indicated below.
_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  show  that  the  Company  Grade
Officer Performance Report, AF Form 707B, rendered for  the  period  21
July 2001 through 20 July 2002, was signed by the Rater in  Section  VI
on 1 September 2002, the Additional Rater in Section VII on 2 September
2002, and the Reviewer in Section VIII on 3 September 2002;  and,  that
it was accepted for file in his Officer Selection Record on 4 September
2002.

It is further recommended that he be considered for  promotion  to  the
grade of major by Special Selection Board (SSB) for the  CY02B  (3  Oct
02) Central Major Selection Board  with  the  corrected  Company  Grade
Officer Performance  Report,  rendered  for  the  period  21 July  2001
through 20 July 2002, included in his Officer Selection Record.
_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-
04081 in Executive Session on 1 April 2003, under the provisions of AFI
36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Vaughn E. Schlunz, Member
      Ms. Patricia D. Vestal, Member

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

     Exhibit A.  DD Form 149, dated 20 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 31 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit E.  Memorandum, Applicant, dated 13 Mar 03,
                 w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR BC-2002-04081


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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
the Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 21 July 2001 through 20 July 2002, was
signed by the Rater in Section VI on 1 September 2002, the
Additional Rater in Section VII on 2 September 2002, and the
Reviewer in Section VIII on 3 September 2002; and, that it was
accepted for file in his Officer Selection Record on 4 September
2002.

      It is further directed that he be considered for promotion to
the grade of major by Special Selection Board (SSB) for the CY02B
(3 October 2002) Central Major Selection Board with the corrected
Company Grade Officer Performance Report, rendered for the period
21 July 2001 through 20 July 2002, included in his Officer
Selection Record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency