RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01566
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel by a special
selection board (SSB) for the FY03 USAFR  Colonel  Selection  Board
with his  Officer  Performance  Report  (OPR)  closing  5  Oct  02,
included in his officer selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 5 Oct 02 was not completed in a timely  manner  and
subsequently was not included in  his  selection  folder  when  his
records were considered during the FY03  Colonel  Selection  Board.
He believes if this report had been available, he would  have  been
more competitive because he had served as a squadron  commander,  a
vice group commander, was promoted to Lt Col below  the  zone,  and
had completed all available professional military education (PME).

In support of his appeal, applicant submitted a  computer  printout
listing his duty and promotion history, and a  statement  from  the
additional rater on the contested report, who was also  his  senior
rater, explaining  why  the  applicant’s  OPR  may  not  have  been
accomplished on time.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant’s total federal  commissioned  service  date/total  years
service date (TFCSD/TYSD) is 27 Sep 79.  He is currently serving in
the grade of lieutenant colonel, with a date of rank of 18 Sep  98.
His duty title is Assistant Division Chief,  Maintenance  Division,
with an effective duty date of 1 Nov 02.

Applicant’s Officer Performance Reports (OPRs) for  the  last  five
reporting periods, from 11 Jan  98  thru  5  Oct  02,  reflect  all
performance factors as meeting standards.

Applicant’s OPR closing 5 Oct 01 was the top OPR on  file  when  he
was considered and not selected for promotion by the  FY03  Colonel
Selection Board which convened 21 Oct 02.

The OPR rendered for the period 6 Oct 01  through  5  Oct  02,  was
signed by the rater and additional rater on 5 Oct 02.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They
provided the following analysis of the case:

            a.  Applicant was considered but not  selected  by  the
FY03 USAFR Colonel (SelRes)  Selection  Board,  which  convened  on
21 Oct 02.

            b.  When his records met the board, there were no  OPRs
missing from his selection folder.  All OPRs required to  be  filed
were available and presented to the selection board.  For an OPR to
be considered “missing” or late to file for a selection board,  the
close-out date of the OPR must be 91 or  more  days  prior  to  the
convening of a selection board.  For the  FY03  Colonels  Selection
Board, any OPR closing 22  Jul  02  or  earlier,  and  not  in  the
selection record at the time of  the  board,  would  be  considered
late.  A late OPR would  therefore  be  an  indicator  of  possible
special selection board consideration.

             c.  The  adoption  of  the  AF  Form  709,   Promotion
Recommendation Form (PRF), for promotion to the grades  of  lt  col
and col was to eliminate the previous requirement for  a  “Directed
by  HAF”  OPR  at  each  promotion  opportunity.   The  applicant’s
selection record did contain a PRF for the FY03  Colonel  Selection
Board.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 23 May 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or  injustice.   By  regulation,
the OPR closing 5 Oct 02 was  not  required  to  be  filed  in  the
applicant’s  records  until  60  days  after  the  closeout   date.
Therefore, it was not required to be filed in his Officer Selection
Record (OSR) for consideration by the FY03 USAFR Colonel  Selection
Board which convened on 21 Oct 02.  We noted the statement provided
by the additional rater on the 2 Oct  02  OPR,  who  indicated  the
report was either never accomplished or  was  lost  in  the  system
prior to being posted to the applicant’s official  personnel  file.
However, the  convening  dates  of  selections  boards  are  widely
publicized.  Therefore, it was incumbent upon the  members  of  the
applicant’s rating chain to follow the processing  of  the  OPR  to
insure that it reached his selection folder prior to the  convening
of the promotion board, if they desired it to  be  considered.   In
view of the foregoing, and in the absence  of  persuasive  evidence
that the applicant’s records were improperly  constituted  when  he
was considered for promotion by the FY03  USAFR  Colonel  Selection
Board, we conclude that there is no basis upon which  to  recommend
granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material 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-2003-01566 in Executive Session  on  16  July  2003,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. John B. Hennessey, Member
      Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 16 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair