RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00367
            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to the grade  of  major  by  a  Special
Selection Board (SSB) for the  CY02B  Central  Major  Selection  Board
(P0402B), with his Officer Performance Report (OPR),  closing  10 June
2002, and his Meritorious Service Medal (MSM) as part of  his  Officer
Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a result of his permanent change of station (PCS) from  Robins  AFB
to Malmstrom AFB in June 2002, he was unable  to  ensure  the  OPR  in
question was filed in his  selection  record.   Additionally,  he  was
awarded an MSM upon his PCS that was not in his  P0402B  OSR  for  the
board’s consideration.

In support of his request, applicant submits copies of his OPR closing
10 June 2002, MSM citation and special order, PCS orders, AFI  36-2401
application  and  a  master  eligibility  listing.   The   applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
15 March 1993.  He is currently serving on active duty in the grade of
captain, with an effective date and date of rank of 28  January  1997.
He received eight (8) Officer Performance Reports (OPRs) in the  grade
of captain, in which the overall evaluations were  “Meets  Standards.”
The applicant was considered and  nonselected  for  promotion  by  the
CY02B (P0402B) Central Major Selection  Board,  which  convened  on  3
October 2002.  The OPR, closing 26 July 2001, was the  top  report  at
the time he was considered and nonselected for promotion by the P0402B
selection board.

A similar appeal by the applicant, under Air Force  Instruction  (AFI)
36-2401, was considered and returned without action by the  Evaluation
Report Appeal Board (ERAB) on 7 January 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO,  recommends  the  application  be  partially  approved.
DPPPO concurs with the applicant’s contention that his  10  June  2002
OPR should have been a part of his OSR when it  was  reviewed  by  the
P0402B selection board.  Therefore, SSB  consideration  is  warranted.
However, DPPPO disagrees with the applicant’s contention that his  MSM
was missing from his OSR when  it  met  the  P0402B  selection  board.
Although the period of the decoration was through 22  June  2002,  the
orders were not published until 13 November 2002.  The  governing  Air
Force instruction stipulates that the rating chain has up to two years
to submit a  recommendation  for  decoration  after  the  service  was
performed.  For purposes of including the MSM in a board that convened
on 3 October 2002, the decoration did not yet exist.   The  decoration
was not required to be updated in the Military Personnel  Data  System
and on file in the applicant’s  record  until  13  December  2002.   A
complete copy of this evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
18 April 2003 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or  injustice.   After  reviewing  the  applicant’s
submission and the evidence of record,  we  are  persuaded  that  some
relief is warranted.  In this respect, we are in  agreement  with  the
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility that the applicant’s OPR, closing 10 June 2002,  should
have been a part of his Officer Selection Record  (OSR)  when  it  was
reviewed by the CY02B (P0402B) Central Major  Selection  Board.   With
regard to the Meritorious Service Medal (MSM), we  find  no  basis  to
favorably consider this portion of the applicant’s request  since  the
orders awarding the medal were not published until  after  the  P0402B
selection board adjourned.  In view of the foregoing, we conclude that
the applicant suffered an injustice, as a result of  the  omission  of
the OPR from his records, and  that  he  should  be  afforded  Special
Selection  Board  (SSB)  consideration  by  the  CY02B  Central  Major
Selection Board and we so recommend.
_________________________________________________________________

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  27
July 2001 through 10 June 2002, was accepted for file in  his  Officer
Selection Record (OSR) on or before 3 October 2002.

It is further recommended that he be considered for promotion  to  the
grade of major by a Special Selection  Board  for  the  Calendar  Year
2002B Central Major Selection Board.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00367 in Executive Session on 18 June 2003, under  the  provisions  of
AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Billy C. Baxter, Member
              Mr. Wayne R. Gracie, Member

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

   Exhibit A.  DD Form 149, dated 22 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 14 Apr 03.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR BC-2003-00367




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 be corrected to show that the Company Grade Officer
Performance Report, AF Form 707B, rendered for the period 27 July 2001
through 10 June 2002, was accepted for file in his Officer Selection Record
(OSR) on or before 3 October 2002.

      It is further directed that he be considered for promotion to the
grade of major by a Special Selection Board for the Calendar Year 2002B
Central Major Selection Board.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency