RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01219
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2001B
(CY01B)  Colonel  Selection  Board  be  corrected  to  include  his  Officer
Performance Report (OPR), rendered for the period 13 April 2001  through  18
October 2001 and that he  be  considered  for  promotion  to  the  grade  of
colonel by a Special Selection Board  (SSB)  for  the  Calendar  Year  2001B
(CY01B) Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The CY01B Colonel Selection Board did not review his complete  record.   The
contested OPR closed out on 18 October 2001 and  was  not  endorsed  by  the
additional rater until 27 November 2001.  The OPR was not in his OSR at  the
time the selection board convened on 3 December 2001.

In support of his appeal, the applicant  provided  a  copy  of  the  Officer
Selection Record (OSR) prepared for the CY01B colonel Selection  Board,  the
contested Officer Performance Report closing  18  October  2001,  and  other
documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
lieutenant colonel effective and with a date of rank (DOR) of 1 March 1997.




Applicant was considered and not selected for  promotion  to  the  grade  of
colonel by the CY01A (18 January 2001), CY01B  (3 December  2001),  and  the
CY02B (3 December 2002) Central Colonel Selection Boards.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 12 Apr 95        Meets Standards (MS)
                 12 Apr 96                   (MS)
                 12 Apr 97                   (MS)
                 12 Apr 98                   (MS)
                 12 Apr 99                   (MS)
                 12 Apr 00                   (MS)
               ##  12 Apr 01                 (MS)
                #      18 Oct 01                   (MS)
                 25 Jun 02                   (MS)

# Contested Report
## Top Report for the CY01B Board

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated  that  they  agree  with  the
applicant’s contention that his 18 October 2001 OPR, written as a result  of
a change of reporting official (CRO), was not in his OSR  when  it  met  the
CY01B board.  In accordance with AFI  36-2406,  paragraph  3.8.5.6,  Officer
and Enlisted Evaluation Systems, OPRS are due  at  HQ  AFPC  no  later  than
60 days following closeout  of  the  report.   The  applicant’s  OPR,  which
closed out 18 October 2001,  was  not  required  to  be  on  file  until  18
December  2001.   Additionally,  each   officer   eligible   for   promotion
consideration 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 his missing OPR.  However,  they
have verified the  applicant  elected  not  to  exercise  this  entitlement.
While it may be argued that the missing 18 October 2001 OPR was a factor  in
the applicant’s nonselection, there is no clear evidence that it  negatively
impacted his promotion opportunity.

The evaluation is at Exhibit C.

_________________________________________________________________








APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the evidence of  record,  we  are
not  persuaded  that  his  records  were  incomplete  at  the  time  he  was
considered for promotion to the  grade  of  colonel  by  the  CY01B  central
colonel  selection  board.   The  applicant  contends   that   the   Officer
Performance Report (OPR) rendered for  the  period  13  April  2001  through
18 October 2001 was not in his Officer Selection Record (OSR)  when  it  met
the CY01B Colonel Selection Board.   He  further  contends  that  since  the
additional rater did not endorse the report  until  27  November  2001,  his
record was not complete when it was considered by the  selection  board  and
as such, his record was unjustly represented.  While it  is  true  that  the
OPR was not on file in the applicant’s OSR, it was not  required  to  be  on
file until 18 December 2001.  Although the OPR  closed  out  on  18  October
2001, as noted by the Air Force, OPRs are due at HQ AFPC no  later  than  60
days following closeout of the report, in the applicant’s case, it  was  due
no later than 18 December 2001.  We  note  that  the  applicant  could  have
communicated with the board president to inform him of  the  accomplishments
covered in his missing OPR; however, he did not exercise  this  entitlement.
It is noted that there are no indications from the applicant’s rating  chain
that it was their intent to have the contested report in his record in  time
for the selection board.  The Board would be willing to review  his  request
for possible reconsideration if applicant’s rating chain  provides  evidence
that it was their  specific  intent  to  have  the  OPR  considered  at  his
promotion board and explain why that  failed  to  occur.   In  view  of  the
foregoing, absent a showing from his rating chain that it was  their  intent
to have the OPR on file at the time the selection board  convened,  we  find
no compelling basis upon which to recommend granting the requested relief.

_________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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  BC-2003-
01219 in Executive Session on 10 July 2003 under the provisions of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Cheryl Jacobson, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 March 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 22 May 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 30 May 2003.





                                   WAYNE R. GRACIE
                                   Panel Chair