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AF | BCMR | CY2003 | BC-2003-00693
Original file (BC-2003-00693.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00693
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to major by a special  selection  board
(SSB) for the Calendar Year (CY) 2002B Central Major  Selection  Board
with the Officer Performance Report (OPR)  rendered  on  him  for  the
period 20 Jul 01 through 11 Sep 02 included in his  officer  selection
record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his, and despite ample time  for  processing,  his
latest OPR, which documents strong performance in a  very  responsible
position, was not provided for  consideration  by  the  CY02B  Central
Major Selection Board.

Despite reviewing his record prior to the promotion  board,  he  could
not prevent his OPR from being omitted from his OSR.   The  board  was
denied the ability to  fairly  and  accurately  assess  who  was  most
qualified for promotion.

In support of his  appeal,  the  applicant  has  provided  letters  of
support from his rating chain.

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.  His Total Active Military Service Date (TAFMSD) is     1 Jul
93.  All OPRs rendered on the applicant  reflect  overall  ratings  of
“meets standards.”  The applicant was considered and not selected  for
promotion to the grade of major by the CY02B Central  Major  Selection
Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  AFI 36-2406,
paragraph 3.8.5.6, Officer and  Enlisted  Evaluation  Systems,  states
that OPRs on extended active duty officers are due at HQ AFPC no later
than 60 days following closeout of the report.   The  applicant’s  OPR
was signed by his rater and additional rater on 23 Oct 02, and by  his
reviewer on 31 Oct 02 (twenty-eight days after  the  board  convened).
As such, the OPR was not a matter of record for  the  CY02B  promotion
board.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the  applicant  indicates
that his goal is not to dispute the board results,  but  to  highlight
the fact that the board decision was based on an  incomplete  view  of
his cumulative performance and potential.  After he was informed  that
he was not promoted, a review of his records by his  squadron,  group,
and wing commanders only identified his missing OPR  and  two  missing
decorations as the only mistakes in his record.

While he understands that his OPR  was  not  legally  required  to  be
included in his OSR, he disagrees that it was  not  a  factor  in  his
nonselection.  His last OPR covers 14 months of his Air  Force  career
and equates to  over  12  percent  of  his  entire  career  not  being
documented.   Furthermore,  it  amplifies  his  increased  levels   of
responsibilities while demonstrating his technical, professional,  and
leadership progression.  Due to a change in raters and a large  number
of days TDY in direct  support  of  war  on  terrorism,  his  original
closeout date in July  was  extended  to  September  2002.   This  new
closeout date, coupled with slow processing caused further  delays  in
getting his OPR to AFPC  in  time  for  consideration  by  the  board.
However, it was his squadron and group commanders’ intent to  get  the
OPR on file in time for consideration by the board.

The missing OPR signifies his proven commitment to the Air Force,  its
mission, and people.  It highlights his performance and his day-to-day
impact in his assigned squadron.  In addition, his  OPR  contains  the
statement by his commander, “My #1 squadron  pilot.”   Based  on  this
endorsement, he finds it hard to believe that the OPR’s exclusion  was
not a factor in his nonselection for promotion.

The applicant’s complete response, with attachment, 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 notes  that  the  contested
OPR covers a period of almost fourteen months.  Although the OPR is not
late based on the indicated closeout date, based on a normal  reporting
period of 12 months, the OPR would have been required to be on file  in
time for  the  CY02B  Central  Major  Selection  Board.   Although  the
reporting period may have been extended due  to  valid  reasons,  e.g.,
deployments, etc., the  Board  believes  that  the  extended  reporting
period effectively deprived the applicant of having  an  OPR  on  file,
when he was considered for promotion, covering the most  recent  normal
period that he is required to be rated.  Consequently, the  applicant’s
Officer  Selection  Record  was  incomplete.   While   it   cannot   be
conclusively determined that the missing  OPR  adversely  impacted  the
applicant’s promotion opportunity, we believe the doubt created  should
be resolved in his favor.  Therefore, we recommend that the applicant’s
record 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  20
July 2001 through 11 September 2002, was signed by the Rater in Section
VI on 25 September 2002, the Additional Rater  in  Section  VII  on  25
September 2002, and the Reviewer in Section VIII on 27 September  2002;
and that it was accepted for file in his Officer Selection Record on or
before 30 September 2002.

It is further recommended that he be considered for  promotion  to  the
grade of major by the CY02B Central  Major  Promotion  Selection  Board
with the corrected record.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-
00693 in Executive Session on 4 Jun 03, under the provisions of AFI 36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Marcia Jane Bachman, Member
      Ms. Marilyn Thomas, Member

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

     Exhibit A.  DD Form 149, dated 4 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 26 Mar 03.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.
     Exhibit E.  Memorandum, Applicant, dated 29 Apr 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2003-00693


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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that the Company Grade Officer Performance Report, AF Form 707B,
rendered for the period 20 July 2001 through 11 September 2002,
was signed by the Rater in Section VI on 25 September 2002, the
Additional Rater in Section VII on 25 September 2002, and the
Reviewer in Section VIII on 27 September 2002; and that it was
accepted for file in his Officer Selection Record on or before 30
September 2002.

      It is further directed that he be considered for promotion to
the grade of major by the CY02B Central Major Promotion Selection
Board with the corrected record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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