RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01992
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR), rendered for  the  period  9  June
2002 through 30  June  2003  be  corrected  to  show  that  it  was  signed,
processed, and accepted for file  in  his  Officer  Selection  Record  (OSR)
prepared for the Calendar Year  2003A  (CY03A)  Lieutenant  Colonel  Central
Selection Board.

2.  His Officer Selection Record (OSR)  for  the  CY03A  Lieutenant  Colonel
Central Selection Board be corrected to include the citation for  the  Joint
Service Achievement Medal (JSAM), for the period 3 May 2002 to 16  May  2002
and  that  he  receive  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of lieutenant colonel for the CY03A Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His immediate supervisor informed him that despite their best  efforts,  his
OPR did not make it to file prior to the convening of  the  promotion  board
due to delays in the administrative process.  The most  current  OPR  before
the board was over one year old.  He also  contends  the  citation  for  the
JSAM was not in his records at the time the board convened.  It was  on  his
report of individual personnel (RIP).  This error was  discovered  during  a
post-board telephone interview with AFPC.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY03A (8 July  2003)  Lieutenant  Colonel  Central
Selection Board.

The Officer Selection Brief (OSB) prepared for  the  CY03A  Selection  Board
reflected award of the JSAM for the  period  3 May  2002  to  16  May  2002.
However, the OSR did not contain the citation for award of the JSAM.

OPR profile since 1998 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                  16 Jul 98  Meets Standards (MS)
                  16 Jul 99                  (MS)
                  16 Jul 00                  (MS)
                  16 Jul 01                  (MS)
                #  8 Jun 02                  (MS)
                * 30 Jun 03                              (MS)
                  30 Apr 04                                   (MS)

* Contested Report
# Top Report on file before the CY03A Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE indicated the signature dates  on  the  contested  OPR  currently
reflect 21 July 2003 for the rater/additional rater and  24  July  2003  for
the Air Force advisor.  The applicant provides a letter from his  additional
rater stating it was the intent of the rating chain to ensure the  concerned
OPR was processed in a timely manner and made a  matter-of-record  prior  to
the CSB.  The OPR was processed in a timely manner.  OPRs are not  due  (and
may not be expected to be due) to the commander any earlier than  five  days
following the close-out date  of  the  report.   In  this  case,  the  first
suspense could be not earlier than 5 July 2003.  The  next  suspense  is  to
the servicing Military Personnel Flight (MPF), which occurs  30  days  after
the  close-out  of  the  report  -  30  July  2003.   Finally,  reports  are
considered late when processed to AFPC/DPPBR3 60  days  after  close-out  of
the report.  With that, it is clearly evident the report was processed in  a
timely manner, as it was not due to file until 30 August 2003.   Since  this
report was not required to be on file and it was processed well  within  Air
Force guidelines, there is no basis for changing the signature dates of  the
report.

The evaluation is at Exhibit C.

AFPC/DPPPO recommended denial.  They indicated the  applicant  contends  his
JSAM citation, for the period 3 May 2002 to 16 May 2002,  was  missing  from
his record when it met the CY03A board.  However, they must comply with  AFI
36-2501, paragraph 6.3.2.2,  which  states  “Do  not  have  an  SSB  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.”  Although the decoration  was  on  his
OSB, this only validates at a minimum the accuracy  of  his  system  record.
To ensure the contents of the actual OSR were correct, the  applicant  would
have had to request a copy of his record from the AFPC Records Section.   If
he had done so, he  would  have  noticed  the  missing  citation  and  taken
corrective action at that time.   It  is  the  officer’s  responsibility  to
ensure the accuracy of his record prior to the  board  convening  date,  not
after  he  has  been  nonselected  for  promotion.   Further,  although  the
citation for his JSAM was missing, the board members  were  fully  aware  of
the decoration as it was listed on the applicant’s CY03A  Officer  Selection
Brief (OSB) and thus, factored into the promotion evaluation.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 October 2004 2004, a copy of the Air Force evaluation was forwarded  to
the applicant 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 an error or injustice.  At the  time  the  applicant’s  records
were considered by the CY03A Lieutenant Colonel Selection  Board,  award  of
the JSAM was reflected on his OSB; however, the citation  to  accompany  the
JSAM was not present in the applicant’s OSR.  While it cannot be  determined
whether  the  omission  of  the  citation  was  the  sole  basis   for   his
nonselection, the Board believes it  served  to  deprive  him  of  fair  and
equitable consideration.  In view of the  foregoing,  the  Board  recommends
the applicant’s record be corrected to include the citation for the JSAM.





4.    In regard to the OPR rendered for the period 9 June  2002  through  30
June 2003, the Board  notes  the  additional  rater  submitted  a  statement
indicating it was without question, the intent  of  the  applicant’s  rating
chain to have had the contested report signed, processed, and  accepted  for
file in the applicant’s OSR before the convening  of  the  CY03A  Lieutenant
Colonel Board.  Due to an administrative error the report was not  processed
in a timely manner before the convening of the CY03A board.   The  Board  is
of the opinion, although the report was processed in  a  timely  manner  and
not due to file in the applicant’s OSR until 30  August  2003,  it  was  the
rating chain’s intent to have the OPR closing 30 June 2003 on file and  made
a matter of record prior to the convening of the  CY03A  board.   Therefore,
the Board believes his records should be corrected to the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

a.  The Field Grade Officer Performance Report, AF Form 707A,  rendered  for
the period 9 June 2002 through 30 June 2003, was amended in  Section  VI  to
reflect the date 1 July 2003, rather than 21 July 2003; in  Section  VII  to
reflect the date 1 July 2003, rather than 21 July 2003; and  Section  IX  to
reflect the date 2 July 2003, rather than 24 July 2003.

b.  The aforementioned OPR was accepted for file in  his  Officer  Selection
Record on 3 July 2003.

c.  The citation to accompany the award of  the  Joint  Service  Achievement
Medal, awarded for the period 3 May 2002 to 16 May 2002,  was  accepted  for
file in his Officer Selection Record on 1 July 2003.

It is further recommended that his record, to include  the  above  corrected
OPR  and  the  citation  to  accompany  the  award  of  the  Joint   Service
Achievement Medal, be considered for promotion to the  grade  of  lieutenant
colonel by a Special Selection Board for the  Calendar  Year  2003A  Central
Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 4 November 2004, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Carolyn B. Willis, Member

All members voted to correct the records pertaining to AFBCMR Docket  Number
BC-2004-01992, as  recommended.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 16 June 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 23 September 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 1 October 2004.




                 ROBERT S. BOYD
                 Panel Chair




AFBCMR BC-2004-01992





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:

             a.  The Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 9 June 2002 through 30 June 2003, was amended in
Section VI to reflect the date 1 July 2003, rather than 21 July 2003; in
Section VII to reflect the date 1 July 2003, rather than 21 July 2003; and
Section IX to reflect the date 2 July 2003, rather than 24 July 2003.

       b.  The aforementioned OPR was accepted for file in his Officer
Selection Record on 3 July 2003.

       c.  The citation to accompany the award of the Joint Service
Achievement Medal, awarded for the period 3 May 2002 to 16 May 2002, was
accepted for file in his Officer Selection Record on 1 July 2003.

      It is further directed that his record, to include the above
corrected OPR and the citation to accompany the award of the Joint Service
Achievement Medal, be considered for promotion to the grade of lieutenant
colonel by a Special Selection Board for the Calendar Year 2003A Central
Lieutenant Colonel Selection Board.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency