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AF | BCMR | CY2004 | BC-2004-00346
Original file (BC-2004-00346.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00346
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  provided  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of lieutenant  colonel  by  the  Calendar  Year
2003A (CY03A) Lieutenant Colonel Central Selection Board  (CSB),  with
inclusion of a letter to the CY03A board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his own, his record was not competitive  with  the
records of his peers, which  was  the  result  of  a  missing  Officer
Performance Report  (OPR).   The  promotion  board  did  not  have  an
opportunity to see his significant  accomplishments  during  the  past
year as the Chief of  Personnel  Programs  and  Field  Activities  for
Headquarters, Air Force Space Command (AFSPC), and as the Director  of
Personnel, Northeast Air Defense Sector.  Lacking this awareness,  the
board may have thought a more recent OPR was not accomplished  because
his supervisor thought he was not deserving of one, sending  a  strong
negative signal to the promotion board.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement,  his  letter  to  the  CY03A  board,  and  copies  of   his
commander’s letter, Air Force Commendation  Medal  citation,  and  his
letters of evaluation (LOEs).

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
major, having been promoted to that  grade  on  1 Sep 99.   His  Total
Active Federal Military Service Date (TAFMSD) is 8 Oct 88.

Applicant's OPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

      27 May 92  Meets Standards
      27 May 93              Meets Standards
      27 May 94              Meets Standards
      27 May 95              Meets Standards
       1 Jan 96              Meets Standards
      11 Aug 96              Meets Standards
      27 Feb 97              Meets Standards
      27 Feb 98              Meets Standards
      27 Feb 99              Meets Standards
      12 Oct 99              Meets Standards
      14 Jul 00              Meets Standards
      14 Jul 01              Meets Standards
  #   14 Jul 02              Meets Standards
      22 Dec 03              Meets Standards

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY03A  Lieutenant
Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial concluding the CSB  had  before  it  the
information necessary  to  base  its  decision  when  considering  the
applicant for promotion.  While  they  do  not  believe  an  error  or
omission existed in the applicant’s record, they also do  not  believe
he exercised reasonable diligence in his concern for the  completeness
of his  record  prior  to  the  CSB.   According  to  AFPC/DPPPO,  the
applicant had knowledge an OPR would not  have  been  written  on  him
prior to the convening of the CSB and, therefore, should have  elected
to submit a letter to the board prior to the convening date and not in
reaction to his nonselection for promotion.

A complete copy of the AFPC/DPPPO evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response indicating, in summary, that because  of
the lack of an OPR based on common practice, as  well  as  the  lesser
side issues that were raised, he believes there is  enough  reasonable
doubt to warrant promotion reconsideration by an  SSB.   Doing  so  is
harmless enough and will redress an injustice recognized by his former
and current leadership.

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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  provided  in  support  of   his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).   Therefore,  in  the  absence  of
sufficient evidence the applicant  was  not  properly  considered  for
promotion to the grade of lieutenant colonel  by  a  duly  constituted
selection board, we agree with the recommendation of the OPR and adopt
their rationale as the basis for our decision the applicant has failed
to sustain his burden of establishing he has suffered either an  error
or  an  injustice.   Accordingly,  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 AFBCMR Docket Number BC-
2004-00346 in Executive Session on 2 Jun 04, under the  provisions  of
AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Terry L. Scott, Member

The following documentary evidence pertaining to Docket Number BC-2004-
00346 was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 14 Apr 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.
    Exhibit E.  Letter, applicant, dated 27 May 04.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair



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