RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

            INDEX CODE 131.00 107.00 111.01
IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00968

            COUNSEL:  None

            HEARING DESIRED: Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Supplemental Evaluation Sheet (SES), AF Form 77, for the period  6
Mar 95 through 5 Mar 96, be voided from his records or  replaced  with
an Officer Performance Report (OPR); the citations for the Bronze Star
and the Joint Service Commendation Medal (JSCM)  be  included  in  his
selection folder; and he be afforded  Special  Selection  Board  (SSB)
consideration for the Calendar Year 2003A (CY03A)  Lieutenant  Colonel
(LTC) Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Omission of a 6  Mar  95  -  5  Mar  96  OPR  creates  an  unfavorable
impression when meeting active duty promotion boards.  All  applicable
information was not made available to the CY03A LTC  board.   The  OPR
for the period  6  Mar  95  through  5  Mar  96  was  selectively  not
accomplished. Adequate documentation, to include command,  exists  for
the period in question and is available.  Also, the  Bronze  Star  and
JSCM citations in  support  of  Operations  Southern  Watch,  Enduring
Freedom, and Iraqi Freedom were not in his selection folder.

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

_________________________________________________________________

STATEMENT OF FACTS:

AFI 36-2402 stipulates no report is mandatory when  separation  is  by
involuntary discharge or release from active duty.

Due to nonselection for promotion,  the  applicant  was  involuntarily
discharged in the grade of captain on 29 Feb 96, and transferred to  a
Reserve unit on 1 Mar 96.  According to HQ AFPC/DPPPE, the applicant’s
last report prior to discharge closed out on 5 Mar  95  and  his  next
annual report was not  due  until  5 Mar  96,  after  his  29  Feb  96
discharge.

The applicant is currently serving on  extended  active  duty  in  the
grade of major as the Chief, Force Protection  Resources  &  Training,
Detachment 9, 9th Air Force Headquarters, 9th Aerospace  Expeditionary
Task Force at Prince Sultan AB, Saudi Arabia.

The applicant was considered, but not selected, for promotion  to  the
grade of LTC by the CY03A selection board, which convened on 8 Jul 03.
 The Promotion Recommendation Form (PRF) had an overall recommendation
of “Promote.”  The contested SES commented, “Not rated for  the  above
period [6 Mar 95 - 5 Mar 96].  Report not available for administrative
reasons.”

The Decoration section on the Officer Selection Brief  (OSB)  for  the
CY03A board reflected receipt of the Air Force Commendation Medal, 2nd
Oak Leaf Cluster (OLC), the Joint Service Achievement Medal,  and  the
Air Force Achievement Medal, 1st OLC.  The Bronze Star for the  period
22 Jun 02 to 1 Jul 03 was published on 18 Sep 03.  Therefore,  it  was
not a matter a record at the time the CY03A selection board  convened.


The JSCM citation provided by the applicant is not dated, nor  did  he
provide a copy of the special order.  The Recommendation for the  JSCM
(AF Fm 3994) was signed on 3 Jun 03, and the CY03A board convened on 8
Jul 03.

The applicant’s OPR profile since 1994 follows:

                       PERIOD ENDING    EVALUATION OF POTENTIAL
                         2 Apr 94          MS
                         5 Mar 95          MS
                         5 Mar 96 Contested SES--See Note
                         2 Dec 96     MS--See Note
                         2 Dec 97          MS
                         8 Oct 98          MS
                         8 Oct 99          MS
                         8 Mar 00          MS
                         8 Sep 01          MS
                         4 Jul 02     MS (Top Report)
                         1 Jul 03   Meets Standards (MS)

[Note: HQ AFPC/DPPPE recommends the Board change the closeout date  on
the SES to “29 Feb 96” and the “from” date on the Reserve OPR  closing
2 Dec 96 to “1 Mar 96.” See Exhibit C.]

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE concedes that, when the applicant joined a Reserve  unit
on 1 Mar 96, there obviously was a  gap  in  his  performance  reports
since the last OPR closed out on 5  Mar  95.   HQ  ARPC  appropriately
accomplished an SES to close the gap. Accomplishing  the  SES  is  the
correct way to document gaps in records and is used for all Air  Force
members.  Technically, however, the contested  SES  should  have  been
closed on 29 Feb 96 and the applicant’s first Reserve OPR should  have
started on 1 Mar 96 since he immediately joined the Reserves  one  day
after his discharge.  The applicant has not provided a  reaccomplished
OPR for review.  Again, such a report for his last year on active duty
was optional and it isn’t clear how any evaluators  could  provide  an
accurate  assessment  at  this  point.   They  recommend  denying  the
applicant’s request to remove the SES since there  is  no  requirement
for an OPR and  the  form  merely  documents  a  gap  in  the  record.
However, they do recommend the closeout date on the form be  corrected
to “29 Feb 96” and the “from” date on the Reserve report closing 2 Dec
96 be changed from “6 Mar 96” to “1 Mar 96.”

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPO has nothing to add and, since HQ  AFPC/DPPPE  recommends
denial, SSB consideration is not warranted.  They do  not  agree  that
the Bronze Star was missing from the applicant’s record  when  it  met
the CY03A since the special order awarding  him  this  decoration  was
published on 18 Sep 03, after the board convened on  8  Jul  03.   The
citation would not have been included  in  his  selection  folder  nor
would it have been reflected in the official personnel data systems at
the time the CY03A board  convened.   Regarding  the  JSCM,  they  are
unable to make a determination if this  decoration  should  have  been
filed in the applicant’s selection folder for the CY03A board since he
did not provide a copy of the special order nor was  one  filed.   SSB
consideration should be denied on the basis of  the  SES,  the  Bronze
Star and the JSCM.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates the contested SES  is  correct  by  Air  Force
policy but has a negative connotation as his commander  chose  not  to
accomplish an OPR.  An OPR would have included significant  facts  not
indicated on the SES.  The BSM was not available at the  time  of  the
CY03A board because  of  protracted  administrative  processing.   The
scheduling of the CY03A board didn’t allow enough time for the BSM  to
get into his records and almost too soon to get an  OPR  accomplished.
His first consideration for promotion should have been  this  year  to
allow sufficient time.

A complete copy of applicant’s 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 to warrant replacing the contested
SES with an OPR and affording the applicant SSB consideration with the
Bronze Star and JSCM included in his records.   The  applicant’s  last
OPR prior to discharge closed out on 5 Mar 95.  Accordingly, his  next
annual report would not have been  due  until  5  Mar  96,  after  his
discharge on 29 Feb 96.  The governing directive indicates a report is
not mandatory when separation is by involuntary discharge  or  release
from active duty.  HQ ARPC appropriately accomplished the SES to close
the “gap” from the date of his last  active  duty  OPR  to  his  first
Reserve OPR.  An OPR for his last year on active duty was optional and
the applicant did not provide a reaccomplished OPR to replace the SES.
 As for the decorations in question, the Bronze Star was not published
until after  the  CY03A  board  convened,  and  it  is  impossible  to
determine whether the JSCM  was  approved  and  published  before  the
selection board as the applicant did not provide a copy of the special
order.  Furthermore,  we  find  no  evidence  from  his  rating  chain
indicating they intended these awards to be considered  by  the  CY03A
board.  In view of the foregoing and absent persuasive evidence to the
contrary, we conclude the applicant’s requests should be denied.

4.    We note HQ  AFPC/DPPPE  recommended  the  closing  date  of  the
contested SES be changed to “29 Feb 96” and the beginning date of  the
applicant’s first Reserve OPR be  changed  to  “1  Mar  96”  since  he
immediately joined the Reserves one day after his discharge.  We agree
these technical inaccuracies should be amended; however, they  do  not
warrant  SSB  consideration  as  they  constitute   harmless   errors.
Therefore, we recommend the applicant’s records be corrected  only  to
the extent indicated below.

5.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the reporting  period
of the Supplemental Evaluation Sheet, AF Form 77, be changed  from  “6
March 1995 through 5 March 1996” to “6 March 1995 through 29  February
1996,”  and  the  reporting  period  of  the  Company  Grade   Officer
Performance Report, AF  Form  707B,  be  changed  from  “6 March  1996
through 2 December 1996” to “1 March 1996 through 2 December 1996.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 September 2004 under the provisions of AFI  36-
2603:

                 Mr. Edward H. Parker, Panel Chair
                 Mr. Albert C. Ellett, Member
                 Ms. B. J. White-Olson, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-00968 was considered:

   Exhibit A.  DD Form 149, dated 5 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 30 Apr 04.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 15 Jun 04.
   Exhibit E.  Letter, SAF/MRBR, dated 18 Jun 04.
   Exhibit F.  Letter, Applicant, dated 18 Jul 04.




                                   EDWARD H. PARKER
                                   Panel Chair




AFBCMR BC-2004-00968




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received 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    , be corrected to show that the reporting period
of the Supplemental Evaluation Sheet, AF Form 77, be changed from “6
March 1995 through 5 March 1996” to “6 March 1995 through 29 February
1996,” and the reporting period of the Company Grade Officer
Performance Report, AF Form 707B, be changed from “6 March 1996
through 2 December 1996” to “1 March 1996 through 2 December 1996.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency