RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04079
                       INDEX CODE:  131.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report  (OPR)  for  the  period  15  May  2002
through 14 May 2003 and his Meritorious Service Medal, First Oak  Leaf
Cluster (MSM, 1OLC) be included in his records and  he  be  considered
for promotion  to  the  grade  of  lieutenant  colonel  by  a  Special
Selection Board (SSB) for the Calendar Year  2003A  (CY03A)  Selection
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His MSM, 1OLC and his OPR for  the  period  ending  14 May  2003  were
missing from his Officer Selection Record (OSR) which  met  the  CY03A
central lieutenant colonel selection board.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

Applicant was considered but not selected for promotion to  the  grade
of  lieutenant  colonel  by  the  CY03A  central  lieutenant   colonel
selection board.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  14 May 00       Meets Standards
                  14 May 01       Meets Standards
                  14 May 02       Meets Standards
                 *14 May 03       Meets Standards

*Contested Report

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPOO states they reviewed the applicant’s OSR  and  did  not
find a copy of the citation, nor did the applicant provide a  copy  of
the citation with his application.  However, they were able to  obtain
a listing of his  decorations  through  the  Military  Personnel  Data
System (MilPDS) which showed the applicant was awarded the MSM,  1OLC,
in June 2003.  The special order awarding the applicant  the  MSM  was
published prior  to  the  convening  of  the  board,  therefore,  they
recommend the applicant receive SSB consideration  with  inclusion  of
the citation for the MSM, 1OLC.

The applicant contends his OPR for the period ending 14 May  2003  was
not in his OSR when the CY03A board convened.  Paragraph  3.8.5.6,  of
AFI 36-2406 states that OPRs on extended active  duty  (EAD)  officers
are due at HQ AFPC no later than 60 days following the  closeout  date
of the report.  In the applicant’s case the  60-day  period  following
the closeout of his report was 14 July 2003, therefore, his report was
not required to be on file for the CY03A board, which  convened  on  8
July 2003.  Furthermore, his additional rater (also the reviewer)  did
not sign the report until 31 July  2003,  after  the  board  convened.
Therefore, the OPR in question was not a matter  of  record  when  the
board convened.

HQ AFPC/DPPPO recommends denying SSB consideration to include the  OPR
for the period ending 14 May 2003.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 January 2004, for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 error or  injustice  warranting  partial  relief  for
consideration for promotion to the grade of lieutenant  colonel  by  a
Special Selection  Board  (SSB).   After  reviewing  the  evidence  of
record, we are persuaded the citation  missing  from  the  applicant's
promotion records did not afford the applicant the same full and  fair
promotion consideration as other officers who  were  being  considered
for  promotion  by  the  board.   The  Air  Force  office  of  primary
responsibility verified the MSM, 1OLC, was awarded to the applicant in
June 2003, and was not in his records prior to the  convening  of  the
promotion  board.   Furthermore,  the  special  order   awarding   the
decoration was published prior to the convening of the promotion board
and therefore, they recommend the applicant receive SSB  consideration
for  the  CY03A  lieutenant  colonel  central  selection  board   with
inclusion of the MSM, 1OLC citation.  The Board concurs and recommends
the applicant’s record be corrected as indicated below.

4.    With respect to the OPR issue, the applicant asserts his  14 May
2003, OPR was missing from his records  prior  the  convening  of  the
CY03A lieutenant colonel central selection board.  In accordance  with
AF policy, OPRs on extended active duty (EAD) officers are due  at  HQ
APFC no later than 60 days following the closeout date of the  report.
The closeout date for his 14 May 2003 OPR was 14 July 2003 and was not
required to be on  file  for  the  CY03A  lieutenant  colonel  central
selection board.  We note  the  additional  rater  did  not  sign  the
contested report until 31 July 2003.  Further, the  applicant  submits
no documentation that it was his rating chain’s  intent  to  have  the
contested report meet the selection board.  Therefore, in the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the  citation  for  the  Meritorious
Service Medal (First Oak Leaf Cluster) awarded in June 2003, that  was
accepted for file on or before that date, be considered for  promotion
to the grade of lieutenant colonel by a Special  Selection  Board  for
the Calendar Year 2003A  Central  Lieutenant  Colonel  Board  and  any
subsequent boards for which this citation was not a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-04079 in  Executive  Session  on  24  February  2004,  under  the
provisions of AFI 36-2603:

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

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

   Exhibit A.  DD Form 149, dated 2 Dec 03.
   Exhibit B.  Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 14 Jan 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 03.




                             OLGA M. CRERAR
                             Panel Chair






AFBCMR BC-2003-04079



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed 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               , to include the citation for the
Meritorious Service Medal (First Oak Leaf Cluster) awarded in June
2003, that was accepted for file on or before that date, be considered
for promotion to the grade of lieutenant colonel by a Special
Selection Board for the Calendar Year 2003A Central Lieutenant Colonel
Board and any subsequent boards for which this citation was not a
matter of record.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency