RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00424


            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel  by  a  Special
Selection Board (SSB) for the Fiscal Year  2004  (FY04)  Reserve  Line
Colonel Promotion Board with the inclusion of the Officer  Performance
Report (OPR) closing 30 September 2003.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His most recent OPR closing out 30 September 2003 was not part of  his
selection board package, thus causing the board to consider his record
without material  information  that  should  have  been  available  in
accordance with Air Force directives and  policies.   His  supervisor,
Col R__, USAF, Commander, Combined  Intelligence  and  Fusion  Center,
USNORTHCOM, and Col C__, senior USAF IMA to the  USNORTHCOM/J-2,  both
stated that it was their intent that his OPR meet the  board.   Though
no fault of his own, USNORTHCOM did not transmit his OPR  to  ARPC  in
time to reach the promotion board.

Telephonic communications with  the  ARPC  Promotion  Selection  Board
Secretariat  indicates  the  absence  of  his  most  recent  OPR   was
highlighted by the selection board. In addition  to  not  transmitting
his OPR to the Selection Board in time, USNORTHCOM lost his OPR and he
had to provide his inputs again to reconstruct it in December.   Hence
the signatures dates occurring in January 2004.

In support of his appeal, he submits a copy of the  OPR  and  AF  Form
709, Promotion Recommendation (PRF).

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air  Force  Reserve  in  the
grade of lieutenant colonel.




Applicant was considered and not selected for promotion to  the  grade
of colonel by the FY04 Colonel Promotion Board.

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AIR FORCE EVALUATION:

ARPC/DPB recommend denial stating that, because the  OPR  in  question
was not late, no error or injustice occurred to this officer.  The PRF
combined  with  the  complete  official  selection  record  (OSR)  was
presented to the selection board.  No information was missing when the
board made its evaluation and decision.

As stated by the applicant, the  OPR  closed-out  30  September  2003,
approximately 3 weeks prior to the convening date of the board.   This
OPR was not required to be filed  in  the  applicant’s  OSR  until  30
December  2003.   All  OPRs  required  for  filing  in  an   OSR   for
presentation to this selection  board  closed  out  20  July  2003  or
earlier.  Any OPR closing after this date is not considered  late  for
placement in an OSR.  Therefore, it  was  not  a  “missing”  piece  of
information required for the board to consider.  The OPR was signed by
the applicant’s rater and additional rater, over  three  months  after
the board adjourned.

The applicant states his supervisor intended to place the OPR  in  the
applicant’s OSR; intent is not a fact.   The  supervisor  was  clearly
aware of the close-out date of the OPR and the convening date  of  the
board, but did not sign the OPR until 9 January 2004, well  after  the
board adjourned on 25 October 2003.  AFI 36-2406, Officer and Enlisted
Evaluation Systems, allow 90 days  from  close-out  of  an  OPR  until
required placement in the OSR.  This allows the rating chain the  time
needed to clearly and accurately report  on  the  performance  of  any
given officer.  Requiring any amount of time less than  90  days  does
not do justice to the officer whose performance is being rated.

The 90-day cut-off for placement of OPRs in an OSR is  applied  across
the board for every grade at  every  selection  board.   This  is  not
unique to the colonel’s selection process.

ARPC/DPB complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 5 March 2004, for review and comment 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.   After  thoroughly  reviewing
the applicant's complete submission, we are  not  persuaded  that  the
applicant's records warrant reconsideration by an SSB for promotion to
the grade of colonel.  In regard to the contested OPR closing  out  30
September 2003, the Board is of the opinion that the  report  was  not
required to be on file at the time the FY04  colonel  promotion  board
convened on           25 October  2003.   Applicant  states  that  the
rating chain intended for the contested report to be on  file  at  the
time the FY04 selection board convened but  that  the  OPR  was  lost.
However, he has failed  to  provide  documentation  to  support  these
allegations.  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 DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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-2004-
00424 in Executive Session on 13 April 2004, under the  provisions  of
AFI 36-2603:


                 Mr. Michael K. Gallogly, Panel Chair

                 Mr. James W. Russell, III, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Feb 04.
    Exhibit B.  Letter, ARPC/DPB, dated 1 Mar 04.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Mar 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair