RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02836
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2004A
(CY04A) Central Lieutenant Colonel Selection Board be corrected  to  include
his Officer Performance Report (OPR), rendered for  the  period  1  February
2003 to 31 January 2004 and that he  be  considered  for  promotion  to  the
grade of lieutenant colonel by a  Special  Selection  Board  (SSB)  for  the
CY04A Central Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

From 1 March to 7 June 2004, he was  deployed  to  Kirkuk  Air  Base,  Iraq.
After returning from Iraq, he requested a copy of his records  as  they  met
the Lieutenant Colonel Board.  He found the OPR closing 31 January 2004  was
not part of his record.  He felt his chances  for  promotion  to  lieutenant
colonel were greatly diminished with the absence of  the  contested  OPR  in
his records.  Factual information in reference to  him  was  unavailable  to
the board members.  He further indicates he was rated  as  one  of  the  top
Field Grade Officers in the 1996 MDOS during  this  rating  period.   Career
progression and  increase  in  responsibilities  were  clearly  defined  and
reflected in the contested OPR.

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 effective and with a date of rank (DOR) of 1 November 1999.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY04A Central Lieutenant Colonel  Selection  Board
which convened on 1 March 2004.

OPR profile since 1995 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 30 Jun 98     Meets Standards (MS)
                 30 Jun 99                   (MS)
                 31 Jan 00                   (MS)
                 31 Jan 01                   (MS)
                 31 Jan 02                   (MS)
                 # 31 Jan 03                 (MS)
                 * 31 Jan 04                 (MS)

* Contested Report
# Top Report for the CY04A Board

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AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial indicating the applicant provided a  statement
from the additional rater of the contested report;  however,  the  evaluator
did not indicate what efforts he made after his  signature  on  the  OPR  to
expedite the processing of the OPR and to ensure it arrived in time for  the
board.  The applicant did not provide a statement  from  the  reviewer,  who
signed the report on 3 March 2004.

The OPR was not required to be on file until 31 March  2004.   Additionally,
since the reviewer signed the report on 3 March 2004,  after  the  convening
of the board, it would not have  been  a  matter  of  record  by  the  board
convening date.  If the AFBCMR grants  relief  sought,  they  recommend  the
reviewer’s signature date be changed to a date prior to the board  convening
date (1 March 2004), provided the  evaluator  poses  no  objection  to  this
change.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 October 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however,  after  reviewing  the  evidence  of  record,  we  note  the
contested OPR was  not  required  by  AFI  36-2406  to  be  a  part  of  the
applicant’s record at the time he was considered for promotion to the  grade
of lieutenant colonel by the  CY04A  Central  Lieutenant  Colonel  Selection
Board.  The contested OPR was not required to be  on  file  until  31  March
2004, 60 days following the closeout of the  report.   The  statements  from
his additional rater and the chief nurse, who supports his appeal, are  duly
noted; however, neither the applicant nor  the  additional  rater  explained
what efforts, if any, were made prior to the board to  ensure  the  OPR  was
filed in time for  consideration.   We  also  note  the  applicant  has  not
provided a statement from the reviewer of the contested report.   Therefore,
we agree with the opinion and recommendation  of  HQ  AFPC/DPPPO  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 applicant’s request.

4.    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 DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and the application will only be reconsidered upon  the
submission of newly discovered relevant evidence not  considered  with  this
application.

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The following members of the Board considered AFBCMR Docket Number  BC-2004-
02836 in Executive Session on 8 December 2004, under the provisions  of  AFI
36-2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, 7 September 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 7 October 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 22 October 2004.




                                MARTHA J. EVANS
                                Panel Chair