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AF | BCMR | CY2004 | BC-2003-03820
Original file (BC-2003-03820.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03820
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record, to include the Officer Performance  Report  (OPR)  rendered  for
the period 16 July 2002 through 27 May 03,  be  included  in  his  selection
record, be considered for promotion to the grade of lieutenant  colonel  for
the Calendar Year 2003 (CY03) Lieutenant Colonel Central Selection Board  by
Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor prepared the contested OPR prior  to  his  departure  in  May
2003.  When he departed, the OPR only required the  wing  commander's  edits
and signature.  He met  with  the  wing  commander  in  June  for  promotion
recommendation feedback and was assured the OPR would be in his  record  for
the 8 July 2003 promotion board.  The OPR was not signed until 8 July  2003.
 As a result, the most recent OPR in his selection  record  closed  15  July
2002 leaving a one-year gap in his reporting period prior to the board.

In support of his request,  applicant  provided,  a  chronology  of  events,
copies of email  communications,  OPR  draft  inputs,  and  a  copy  of  the
contested OPR.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force  on  1
Jun 88 and was voluntarily ordered to extended  active  duty  on  that  same
date.  He has been progressively promoted to  the  grade  of  major,  having
assumed that grade effective and with a date of rank of 1 Oct  99.   He  was
considered and not selected to the grade of lieutenant colonel by the  CY03A
Lieutenant Colonel Central Selection Board which convened on 8 Jul 03.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states AFI  36-2406  states  that  OPRs
are due at AFPC no later than 60 days  following  closeout  of  the  report.
Since his OPR closed out on 27 May 03, it was not required  to  be  on  file
until 27 Jul 03, after  the  8 Jul  03  board  date.   Many  board  eligible
officers fall into this predicament.  Approving  SSB  consideration  with  a
report not required to be on file would generate unfairness in  the  current
promotion process.  The DPPPO 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 16  Jan
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 that would warrant  corrective  action.   We
took notice of the applicant's complete submission in judging the merits  of
the case; however, after a thorough review of the  evidence  of  record,  it
appears that the OPR was processed within the standards established  by  Air
Force  policy.   Further,   absent   corroborative   statements   from   the
applicant's rating chain indicating whether or not  they  intended  for  the
OPR in question to be a  matter  of  record  when  considered  by  the  CY03
selection board, we are not persuaded that favorable consideration  of  this
case is warranted.  Therefore, we agree with the opinion and  recommendation
of the Air Force office of primary responsibility and adopt their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  In the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

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  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
03820 in Executive Session on 17 Feb 04, under the  provisions  of  AFI  36-
2603:

      Ms. Marilyn Thomas, Vice Chair
      Ms. Martha J. Evans, Member
      Mr. Charles E. Bennett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 03, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.




                                   MARILYN THOMAS
                                   Vice Chair

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