RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00534


            COUNSEL: NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for the promotion to  the  grade  of  major  by  a
Special Selection Board (SSB) for the Calendar Year  2002B  (CY02B)
Central Major Selection Board with the  inclusion  of  the  Officer
Performance Report (OPR) closing 27 August 2002.
___________________________________________________________________

APPLICANT CONTENDS THAT:

On 23 January 2003, he received his non-select counseling from ----
at AFPC and the very first question that  she  asked  him  was  the
closeout date on his most recent Officer Performance Report.   When
he responded that the date was 27  August  2002,  she  said,  “that
explains it,” meaning his non-selection.  The most recent OPR  that
she had on file in his promotion record closed out  on  15  October
2001.  Since that time, he had completed Squadron Officer’s  School
(SOS) in residence and had served as a flight commander in  the  47
OSS--both of which are key to getting promotion to major.

By the time that his 27 August  2002  report  closed  out,  he  had
completed SOS for more than  six  months  and  had  been  a  flight
commander for more than four months.  His commander at the time, Lt
Col D___, wrote a report on him that indicated  these  facts.   The
report was signed by his senior rater, Col W__ on 26 September 2002-
-eight calendar days prior to the convening of the promotion board.
 Normal procedure at this point would be  for  the  local  Military
Personnel Flight (MPF) to fax a copy of the report and then to send
the original via overnight mail to  ensure  its  inclusion  in  the
promotion record.  For reasons that nobody at  MPF  seems  able  to
determine, neither of these things happened.  Instead,  his  report
was picked up by our local MPF on 27 September 2002,  mailed  on  4
October 2002, and received at AFPC on 13 November 2002.

Although his promotion record was legally complete at the time that
it met the board, it was inaccurate in that it did not include  the
training that he had completed or the duties that he was fulfilling
as flight commander.  According, he was passed over for  major  due
to a clerical error.

In support of his request,  he  submits  a  copy  of  an  OER,  and
training report.

Applicant’s complete submission, with attachments, is  attached  at
Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

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

Applicant was considered and not  selected  for  promotion  to  the
grade of major by the 2002B  Major Selection Board.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommended  denial.   Meanwhile,   they   agree   with
applicant’s contention that his 27 August 2002 OPR was not  in  his
Officer  Selection  Record  (OSR)  when  it  met  the  2002B  Major
Selection Board.  However, officers considered by promotion  boards
have different closeout dates.  For this reason they rely on AFI 36-
2406, para 3.8.5.6, Officer and Enlisted Evaluation Systems,  which
states that OPRs on extended active duty officers are due  at  AFPC
no later than 60  days  following  closeout  of  the  report.   The
applicant’s OPR, which closed out 27 August 2002, was not  required
to be on file until 27 October 2002.

The applicant also contends that the 2002B board was not  aware  of
his completion of SOS.  They reviewed his OSR and  found  that  his
officer  selection  brief  reflected  his  completion  of  SOS   in
residence in 2002. They also found that an AF Form  475,  Education
and Training Report (final report for his SOS), had been  filed  in
his OSR on 16 May 2002, prior to the 2002B major  selection  board.
Therefore, SSB consideration is not warranted.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was  forwarded  to  the
applicant on 28 March 2003, for review and  comment.   As  of  this
date, no response has been received by this office.

__________________________________________________________________





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 an injustice.  We note that the OPR in  question  was  not
required to be on file at the time he was considered for  promotion  by
the CY02B major selection board.  However, his rater  asserts  that  it
was his intention that the contested report be a matter  of  record  at
the time the CY02B major selection board convened.  This  officer  also
asserts that he is certain that no one in the applicant’s rating  chain
intended that the report  be  absent  from  the  applicant’s  selection
folder.  Having no basis  to  question  this  officer’s  integrity,  we
accept the applicant’s assertion, in effect, that the contested  report
was not a matter of record at the time  the  selection  board  convened
because of  an  administrative  oversight  on  the  part  of  his  MPF.
Therefore, in the interest of equity and justice, he should be provided
consideration for promotion by an SSB with the missing report a  matter
of record.

_________________________________________________________________

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  16
October 2001 through 27 August 2002,  was  accepted  for  file  in  his
Officer Selection Record on 1 October 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
October 2002) Central Major Selection  Board  with  the  Company  Grade
Officer Performance Report, rendered for the  period  16  October  2001
through 27 August 2002, included in his Officer Selection Record.
_______________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00534 in Executive Session on 17 June 2003 and 24 June 2003, under the
provisions of AFI 36-2603:


                 Mr. Robert S. Boyd, Panel Chair

                 Mr. James W. Russell, III, Member
                 Ms. Martha Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, date 21 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
    Exhitit E.  Letter, Rater, dated 24 Jun 03.



                                   ROBERT S. BOYD
                                   Panel Chair


AFBCMR BC-2003-00534




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 (OPR),  AF  Form  707B,  rendered  for  the
period 16 October 2001 through 27 August 2002 was accepted for file in
his Officer Selection Record on 1 October 2002.

      It is further directed that he be considered  for  promotion  to
the grade of major by Special Selection Board (SSB) for  the  Calendar
Year 2002B Central  Major  Selection  Board  with  the  Company  Grade
Officer Performance Report, with the above referenced OPR included  in
his records.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency