RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03408


            COUNSEL: NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for the promotion to the grade  of  Lt  Col  by  a
Special Selection Board (SSB) for the Calendar Year  2003A  (CY03A)
Lieutenant Colonel Central Selection Board with  the  inclusion  of
the Officer Performance Report (OPR) closing 1 June 2003.
___________________________________________________________________

APPLICANT CONTENDS THAT:

His June 2003 OPR,  which  was  accomplished  to  meet  the  annual
requirement, was fully  signed  and  updated  in  PC-III/MilPDS  by
24 June 2003, but was not made available  to  the  selection  board
when it convened on 8 July 2003.  As a result, the most recent  OPR
in his  records  was  from  June  2002.   This  one-year  lapse  in
performance reports sent an  unintended  negative  message  to  the
board.  His supervisor comment on his intent to ensure the OPR  was
completed for the  board.   He  believes  he  exercised  reasonable
diligence to ensure his records were accurate and complete prior to
the board convening.

Understanding the importance that the current OPR and a PCS-related
Meritorious Service Medal (MSM) be a matter of record,  he  kept  a
close watch on both staff packages  to  ensure  timely  completion.
Additionally,  he  was  completing  outprocessing  actions  for   a
“continuous overseas tour” permanent change  of  station  (PCS)  on
7 July 2003; he reviewed his personal information in  PC-III/MilPDS
and noted that the most recent OPR date was 24 June 2003.  He  took
this to mean the June 2003 OPR was now a matter of record and would
be made available to the board, so he focused his attention on  the
MSM decoration and completing necessary PCS actions.  He  confirmed
that the MSM was signed and faxed to the board on 3 July 2003.  Due
to the 4th of July weekend and his PCS departure on 7 July 2003, he
was unable to take further actions prior to  the  board  convening.
He had every indication that both the OPR  and  the  MSM  would  be
available to the board when it convened on 8 July 2003.   The  fact
that he continued to follow the progress of the MSM  decoration  to
completion shows that, had he known that the OPR was not yet in his
records at AFPC, he would  have  taken  all  necessary  actions  to
correct the situation.  He  requests  his  records  with  the  most
recent OPR, be reviewed by the  next  special  selection  board  to
determine whether selection for promotion is warranted.
In support of his request, he submits an email of support from  his
supervisor.

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 major.

Applicant was considered and not  selected  for  promotion  to  the
grade of lieutenant colonel by the 2003A Lieutenant Colonel Central
Selection Board.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial and  stated  officers  considered  by
promotion  boards  have  different   closeout   dates   for   their
performance reports. 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.   Since  the  applicant’s
OPR closed out on 1 June 2003, it was not required to  be  on  file
until 1 August 2003.  Furthermore,  many  board  eligible  officers
fall into this predicament.  Therefore, approving SSB consideration
with a report not required to be on file would generate  unfairness
in the current promotion process.

In support of his appeal, the applicant provides a  statement  from
the rater who supports the applicant’s appeal efforts.   The  rater
states “I am not  certain  why  the  OPR  was  not  flagged  to  be
expedited, but it was my intent to ensure that it was also received
at AFPC in time for the board on 8 July 2003.  However, neither the
applicant nor the rater explained what efforts were made  prior  to
the board to ensure the OPR was filed in time for consideration.

AFPC/DPPPO complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  stated  that
after 15 years of serving on active duty, it  is  disheartening  to
have a promotion come down to  this  system  failure.   Every  AFPC
briefing he ever attended told him that it is critical to have  up-
to-date OPRs and awards. Having only three OPRs as  a  major  makes
this one even more important.  He understands that the  AFI  states
his package was technically valid, but  he  knows  his  chances  of
promotion were greatly lessened by the absence of the  OPR.   Given
the circumstances, he believes he  exercised  reasonable  diligence
and requests a review by a SSB so that he  can  be  more  equitably
evaluated for promotion.  He understands the SSB is no guarantee he
will get promoted, but at least he will know his  performance  over
the last year was taken into account.

Applicant’s complete response 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 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 CY03A lieutenant  colonel  selection  board.   However,  his  rater
asserts that it was his intention that the contested report be a matter
of record at the time the  CY03A  lieutenant  colonel  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  Field  Grade
Officer Performance Report, AF Form 707A, rendered  for  the  period  2
June 2002 through 1 June 2003, was accepted for  file  in  his  Officer
Selection Record on 1 July 2003.

It is further recommended that he be considered for  promotion  to  the
grade of lieutenant colonel by Special Selection Board  (SSB)  for  the
CY03A Central Lieutenant Colonel Selection Board with the  Field  Grade
Officer Performance Report, rendered for the period 2 June 2002 through
1 June 2003, included in his Officer Selection Record.
_______________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
03408 in Executive Session on 20 January 2004, under the provisions of
AFI 36-2603:


                 Mr. Robert S. Boyd, Panel Chair

                 Ms. Jean A. Reynolds, Member
                 Ms. Carolyn B. Willis, 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 20 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 03.
    Exhibit E.  Applicant’s Response, dated 24 Dec 03.



                                   ROBERT S. BOYD
                                   Panel Chair

AFBCMR BC-2003-03408




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  Field  Grade
Officer Performance Report (OPR),  AF  Form  707A,  rendered  for  the
period 2 June 2002 through 1 June 2003 was accepted for  file  in  his
Officer Selection Record on 1 July 2003.

      It is further directed that he be considered  for  promotion  to
the grade of lieutenant colonel by Special Selection Board  (SSB)  for
the CY03A Central Lieutenant Colonel Selection Board  with  the  Field
Grade Officer Performance Report, rendered for the period 2 June  2002
through 1 June 2003, included in his Officer Selection Record.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency