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AF | BCMR | CY2004 | BC-2004-02291
Original file (BC-2004-02291.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02291
            INDEX NUMBER:   131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records meet a Special Selection Board for reconsideration  for
promotion to the rank of major with all of his Officer  Performance
Reports (OPRs).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing out 16 May 01, was not on file at AFPC  during  the
5 May 03, CY03A Major Central Selection Board.   His  assertion  is
based on a missing OPR data indicator which would  have  shown  the
May 01  OPR  on  a  SURF  generated  from  the  on-line  Assignment
Management System.

The omission led  to  his  being  passed  over  for  promotion  and
eventually involuntary separation from active duty.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant has two nonselections to the grade of major, by the CY03A
(5 May  03/P0403A)  and  CY03B  (3  Dec  03/P0403B)  Major  Central
Selection Boards.

Applicant’s OPR which  closed  out  16  May  01,  is  date  stamped
16 Jul 01/DPPB.

He was released from active duty on 31 Aug 04, and  transferred  to
the Inactive Status List Reserve Section  (ISLRS)  effective  1 Sep
04.

___________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the application  be  denied,  and  states,
based on the documentation on  file  and  the  date  stamp  on  the
applicant’s OPR, the report was in fact filed in the record for the
Board’s review.  The date was applied to the  form,  by  a  records
processing clerk assigned to the AFPC Records Section, upon  filing
the document in the official officer selection record.

Data from unrelated promotion board systems such as the  Assignment
Management System  cannot  be  used  to  determine  contents  of  a
selection record  since  the  system  is  not  always  updated  and
accurate.  The member could have requested a copy  of  his  records
prior to the board and would have found that there was no basis for
his request because the OPR was in his record as of 16 Jul 01.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Aug 04, 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 (Exhibit D).

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of  the
Air  Force  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   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 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-
02291 in Executive Session on 5 Oct 04, under the provisions of AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Peggy E. Gordon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jul 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 10 Aug 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.




                                   RICHARD A. PETERSON
                                   Panel Chair




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