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AF | BCMR | CY2004 | BC-2003-03973
Original file (BC-2003-03973.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03973
            INDEX CODE:  131.01, 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  given  Special  Selection  Board  (SSB)  consideration  by  the
Calendar Year  2003A  (CY03A)  Lieutenant  Colonel  Central  Selection
Board, one-year below the zone  promotion  (BPZ)  consideration,  with
inclusion of his officer performance report  (OPR)  that  covered  the
period 2 May 2002 through 21 May 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Record (OSR) reviewed by the CY03A Board did not
contain his OPR, which was signed by his reviewer  on  17  June  2003.
For some unknown reason the OPR did not make  it  into  his  promotion
package until 29 July 2003.

In  support  of  his  request,  the  applicant  submitted  a  personal
statement, and a copy of his OPR  covering  the  period  22  May  2002
through 21 May 2003.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in 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  CY03  central
selection board that convened on 8 July 2003.  On 29 July 2003, a copy
of applicant’s disputed OPR was included in his record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial.   Officers  considered  for  promotion
boards have different closeout dates for  their  performance  reports.
AFI  36-2406,  paragraph  3.8.5.6,  Officer  and  Enlisted  Evaluation
Systems, which states that OPRs on extended active duty (EAD) officers
are due at HQ AFPC no later than 60 days  following  closeout  of  the
report.  Since the applicant’s OPR closed out on 21 May 2003,  it  was
not required to be on file until 21 July 2003, (board convened 8  July
2003).   Furthermore,  board  eligible   officers   fall   into   this
predicament;  and  approving  SSB  consideration  with  a  report  not
required to be on  file  would  generate  unfairness  in  the  current
promotion process.  Based on  the  evidence  provided,  recommend  his
request for SSB consideration be denied.

The DPPPO complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A Copy of the Air Force evaluation was forwarded to the  applicant  on
30 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 an  error  or  injustice.   We  took  notice  of  the
applicant’s complete submission in judging the  merits  of  the  case.
However, we are not persuaded by the evidence presented in support  of
his  appeal  that  he  was  denied  a  fair  opportunity  to   compete
successfully  for  promotion.   In  this  regard,  we  note  that,  in
accordance with AFI 36-2406, paragraph 3.8.5.6, Officer  and  Enlisted
Evaluation Systems, OPRs on EAD officers are due at HQ AFPC  no  later
than 60 days following closeout of the report.  Since the  applicant’s
OPR closed out on 21 May 2003, it was not required to be on file until
21 July 2003, which was after the board had convened on 8  July  2003.
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  persuasive
evidence to the contrary, we find no  compelling  basis  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 Docket  Number  BC-2003-
03973 in Executive Session on 30 March 2004, under the  provisions  of
AFI 36-2603:

            Mr. Frederick R. Beaman III, Panel Chair
            Mr. Michael J. Maglio, Member
            Ms. Ms. Martha J. Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Nov 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 19 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 30 Jan 04.






                                   FREDERICK R. BEAMAN III
                                   Panel Chair

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