RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00844
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be reconsidered by a  Special  Selection  Board  (SSB)  for  the
CY03A (P0503A) (8 July 03) Lieutenant Colonel Central Selection Board  (CSB)
with the inclusion of his Officer Performance Report  (OPR)  closing  out  2
June 2003 in his Officer Selection Record (OSR).  In  addition,  his  P0503A
Officer Selection Brief (OSB) be  corrected  to  show  his  9  January  2003
assignment to an Air Operations Officer, CJ3 Operations, Air  Force  Branch,
Combined/Joint Staff billet.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  missing  OPR  and  duty  assignment  data  were  the  basis   for   his
nonselection for promotion  to  the  grade  of  lieutenant  colonel  in-the-
promotion  zone  (IPZ).   These  errors  were  the  result   of   a   flawed
administrative process and therefore out of his control.

In support of his application, the applicant provides a personal  statement,
a copy of his OPR closing out 2 June 2003, and  supporting  statements  from
his rater and Air Force Advisor.  The applicant’s complete  submission  with
attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system, the applicant is  currently
serving on active duty with a Total Active Federal Military Service Date  of
24 February 1989 and a projected date of separation  of  28  February  2009.
His current grade is major with an effective date and a date of  rank  of  1
March 2000.  The following  is  a  resume  of  the  applicant’s  performance
ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      16 Jul 94 (Capt)                        MS
      16 Dec 94                         Training Report (TR)
      29 Dec 95                                    MS
      29 Dec 96                                    MS
      29 Dec 97                                    MS
      19 Jun 98                         Training Report (TR)
      29 Dec 98                                    MS
      29 Dec 99                                    MS
      29 Dec 00 (Major)                            MS
      29 Dec 01                                    MS
      05 Sep 02                                    MS
      02 Jul 03                                    MS
      07 Jan 04                                    MS


The applicant was considered and nonselected for promotion to the  grade  of
lieutenant colonel by  the  Central  Lieutenant  Colonel  Selection  Boards,
which convened on 8 July 2003 and 12 July 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO   recommends   denying   the   applicant’s   request   for    SSB
consideration.  DPPPO states that they agree that the  OPR  closing  2  July
2003 and the assignment history entry effective 9 January 2003  were  not  a
part of the applicant’s OSR reviewed by the  P0503A  CSB.   However,  it  is
DPPPO’s opinion that the absence of this information  is  not  justification
for SSB consideration.

DPPPO states that AFPC received an OPR on the applicant, closing  out  on  2
July 2003, which was accepted to file on 11  February  2004.   However,  the
applicant provided a Military Personnel Flight (MPF) certified copy  of  the
same OPR with a correction to the close out date  reflecting  2  June  2003.
They are unable to establish which report should be filed  because  the  MPF
“Certified True Copy”  is  inaccurate  as  it  stands.   If  the  rater  and
additional rater stand by the 2  June  2003  report,  it  must  be  properly
annotated, “Corrected Copy” and  coordinated  through  the  servicing  Major
Command Personnel Directorate and AFPC to make it  official.   In  addition,
if the rater’s supervision began on 9 January  2003,  like  the  applicant’s
duty effective date, and the report close out date is 2 June 2003  (30  days
prior to the rater’s Permanent Changer of Station) versus 2 July 2003,  then
the number of days of supervision must be changed  from  175  to  145  days.
Regardless, either report (with a close out date of 2 June 2003  or  2  July
2003) was not required to be on file for the P0503A CSB.  Even  if  the  Air
Force Element (AFELM) administrative section had identified the  requirement
for a Change of Reporting Official (CRO) report upon the  rater’s  PCS,  the
report was still not required to be on file  since  AFI  36-2406,  paragraph
3.8.5.6, Officer  and  Enlisted  Evaluation  Systems,  states  OPRs  on  EAD
officers are due at HQ AFPC no later than 60 days following closeout of  the
report.  The applicant’s OPR, which closed out on 2  June  2003  or  2  July
2003, was not required to be filed in his OSR  until  2  August  2003  or  2
September 2003 respectively, after the board convened.

Regarding the missing assignment entry on the OSB,  DPPPO  states  that  DoD
policy; in accordance with AFI 36-2501, paragraph 6.3.2.2; states SSBs  will
not convene if by exercising reasonable diligence, the officer  should  have
discovered the error or omission and  could  have  taken  corrective  action
before the originally scheduled board convened.  The  applicant  claims  the
missing data on his OSB was through no fault of  his  own  and  he  was  not
aware of the error until after the central board adjourned.   He  makes  the
argument that his responsibility for  ensuring  the  accuracy  of  his  duty
information stopped when he inprocessed at the AFELM,  because  the  element
had overall responsibility for personnel  administration.   DPPPO  does  not
argue that the duty title was  not  updated  by  the  AFELM.   However,  the
question is not whether it was or was not updated upon inprocessing  at  his
new unit but whether it was updated and reflected  on  the  OSB  before  the
original board convened.  Prior to a CSB,  each  officer  eligible  for  the
board is provided an OSB with  instructions  for  reviewing  it  and  taking
corrective action if necessary.  The OPBs  for  the  P0503A  CSB  were  made
available to the MPFs for further distribution to the officer  on  14  March
2003, three months after the  applicant  inprocessed  and  well  before  the
board convened on 8 July 2003.  The errors  were  clearly  discoverable  and
fixable  had  the  applicant  carefully  reviewed  the  OPB  and  taken  the
appropriate corrective action as reflected in the OPB  instruction  handout,
as it was his responsibility to do so.  More importantly, although  the  OSB
did not have the assignment entry listed, the board did have before  it  the
Promotion  Recommendation  Form  (PRF),  showing  his  duty  title/level  of
responsibility as Air Operations Officer,  CJ3;  AFELM  HQ  COMBINED  FORCES
COMMAND  (CFC)  YONGSAN  AIN,  REPUBLIC   KOREA   (ROK).    Therefore,   the
information was available to the board members for  their  consideration  in
rendering their promotion recommendation.

DPPPO recommends denying the applicant’s request for SSB consideration  with
the requested changes to his record.  However, if  relief  is  granted,  the
OPR closing out 2 July 2003 must be corrected.  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  30
July 2004 for review and response within 30 days (Exhibit E).  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.  After reviewing the  evidence  of  record,
we note the applicant’s OSB did not reflect his current duty  assignment  at
the time the board  convened;  however,  evidence  supports  that  his  PRF,
reviewed by the board, did reflect his  correct  duty  title  and  level  of
responsibility.  In view of  this  fact,  we  are  not  persuaded  that  the
absence of this information on his OSB caused his record to be so  erroneous
or misleading that the duly constituted selection  board,  vested  with  the
discretionary authority to select officers  for  promotion,  was  unable  to
reach a reasonable decision concerning his promotability in relation to  his
peers.  Additionally, the applicant provides no evidence that  he  attempted
to correct his own record even after receiving his  OPB.   In  reference  to
his OPR closing out on 2 June 2003, we note that it was not required  to  be
on file in his P0503A CSB.   In  view  of  the  above,  we  agree  with  the
opinions  and  recommendation  of  the   Air   Force   office   of   primary
responsibility and adopt their rationale as  the  basis  for  our  decision.
Accordingly, the applicant’s request for SSB consideration 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 this application in  Executive
Session on 14 October 2004, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. John B. Hennessey, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-00844:

      Exhibit A.  DD Form 149, dated 15 Dec 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 20 Jul 04.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.




                                                   THOMAS S. MARKIEWICZ
                                                   Panel Chair