RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02637
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2003A
(CY03A) Central Major Selection Board be corrected to  include  his  Officer
Performance Report (OPR), rendered for the  period  17 May  2002  through  1
April 2003 and that he be considered for promotion to the grade of major  by
a Special Selection Board (SSB) for the Calendar Year 2003A (CY03A)  Central
Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 1 April 2003 was not entered into his OSR before  the  CY03A
majors’ board convened.  HQ AFPC did not receive the OPR until 21 May  2003.
 During the  closeout  time  period  of  the  report,  the  wing  leadership
underwent a change and therefore delayed signing  the  OPR  until  29  April
2003.  The administrative delay was beyond his control.  As  a  result,  his
record displayed  a  time  period  of  approximately  one  year  without  an
evaluation.  Therefore, the board did not have a full picture  of  his  duty
history, performance, and future potential.

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
captain effective and with a date of rank (DOR) of 22 August 1998.

Applicant was considered and not selected for  promotion  to  the  grade  of
major by the CY03A (5 May 2003) Central Major Selection Board.





OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 16 Jun 97     Meets Standards (MS)
                 20 Feb 98     Training Report (TR)
                 16 Nov 98                   (TR)
                 13 Oct 99                   (TR)
                 16 May 00                   (MS)
                 14 Jul 00                   (TR)
                 16 May 01                   (MS)
                ** 16 May 02                 (MS)
                 *  1 Apr 03                 (MS)

* Contested Report
** Top Report for the CY04A Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial.  They indicated  that  they  agree  with  the
applicant’s contention that his 1 April 2003 OPR was not in his OSR when  it
met the CY03A board.  However, officers considered by promotion boards  have
different closeout dates for their  performance  reports.   The  applicant’s
OPR, which closed out 1 April 2003, was not required to be on file  until  1
June 2003.  AFI 36-2406, paragraph 3.8.5.6, Officer and Enlisted  Evaluation
Systems, states that OPRs on EAD officers are due at HQ AFPC no  later  than
60 days following  closeout  of  the  report.   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.  They verified  he  elected  not  to  do  so.   Therefore,  SSB
consideration is not warranted.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 October 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within 30 days.

On 24  October  2003,  the  applicant  requested  his  case  be  temporarily
withdrawn (Exhibit E).

On 19 January 2004, the applicant  submitted  a  letter,  with  attachments,
requesting his case be reopened.  He indicated the OPR closing 1 April  2003
was complete and awaiting signature by the wing commander.  Due to no  fault
of his own, the report was not tracked accurately or  given  the  sufficient
highlighting to ensure it met the board in a  timely  manner.   The  missing
OPR would have  shown  his  performance  in  his  job  and  in  combat,  his
leadership abilities as a flight commander and  officer,  stratification  by
his squadron commander, as well as PME support and pushes  for  his  future.
Being an Instructor and a Flight Commander are two of the six ways to  build
breadth as  a  special  operations  navigator  according  to  AFPC’s  career
pyramid for special operations navigators.  The rated officers on his  board
would have known this and the absence of an OPR with those  positions  would
have influenced their grading of his OSR.  He firmly believes his OSR  would
have been scored  higher  than  it  was  and  would  have  resulted  in  his
selection to major.  In support of his request,  the  applicant  provides  a
statement from the additional rater of the contested report.

Applicant’s response, with attachments, is at Exhibit G.

_________________________________________________________________

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 error or injustice.  The applicant  contends  the  contested
OPR was not entered into his OSR before the CY03A  majors’  board  convened.
HQ AFPC did not receive the OPR until 21  May  2003.   During  the  closeout
time period of the report,  the  wing  leadership  underwent  a  change  and
therefore delayed signing the OPR until 29 April 2003.   The  administrative
delay was beyond his control.  As a result,  his  record  displayed  a  time
period of approximately one year  without  an  evaluation.   Therefore,  the
board did not have a full picture of  his  duty  history,  performance,  and
future potential.  After reviewing the evidence of  record,  we  agree  that
the contested OPR was not required  by  regulation  to  be  a  part  of  the
applicant’s record at the time he was considered for promotion to the  grade
of major by the CY03A Central Major Selection  Board.   However,  under  the
circumstances that exist in this case, we believe that the  absence  of  the
OPR in question was unjust.   In this respect, we note the letter  from  the
additional rater, which  indicates  the  wing  changed  commanders  and  the
signature block needed to be reaccomplished with  the  incoming  commander’s
signature.  The senior rater inadvertently did not highlight the  report  as
a board report to the wing or the  Military  Personnel  Flight  (MPF).   The
Wing Commander signed the OPR on 30 April 2003.  The MPF processed  the  OPR
as a normal performance report and it arrived at HQ AFPC  on  21  May  2003.
Since the report was signed six days prior  to  the  board,  it  would  have
arrived at HQ AFPC prior to the CY03A board if  properly  flagged.   It  was
the senior rater’s intention to have  the  OPR  in  the  applicant’s  record
prior to the convening of the CY03A board.  In view of  the  above  findings
and in an effort to offset any possibility of  an  injustice,  we  recommend
the applicant’s records be corrected to the extent indicated below.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to provide consideration  for  promotion  to  the
grade of major by a Special Selection Board  for  the  Calendar  Year  2003A
Central Major Selection Board with inclusion of the  Company  Grade  Officer
Performance Report, AF Form 707B,  rendered  for  the  period  17  May  2002
through 1 April 2003.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
002637 in Executive Session on 24 February 2004,  under  the  provisions  of
AFI 36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Cheryl Jacobson, Member
                  Mr. John B. Hennessey, Member

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

   Exhibit A.  DD Form 149, 1 August 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 1 October 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 10 October 2003.
   Exhibit E.  Letter, Applicant, dated 24 October 2003.
   Exhibit F.  Letter, AFBCMR, dated 18 November 2003.
   Exhibit G.  Letter, Applicant, dated 19 January 2004, w/atchs.




                                OLGA M. CRERAR
                                Panel Chair


AFBCMR BC-2003-02637





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   , be corrected to provide consideration for promotion to the
grade of major by a Special Selection Board for the Calendar Year 2003A
Central Major Selection Board with inclusion of the Company Grade Officer
Performance Report, AF Form 707B, rendered for the period 17 May 2002
through 1 April 2003.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency