RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03681
            INDEX CODE:  131.01, 107.00
      xxxxxxxxxxxxxxx  COUNSEL:  NONE

      xxxxxxxxxxxxxxx  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 May 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  given  Special  Selection  Board  (SSB)  consideration  by  the
Calendar Year  2004B  (CY04B)  Lieutenant  Colonel  Central  Selection
Board, with inclusion of his officer  performance  report  (OPR)  that
covered the period 16 May 2003 through 15 May 2004.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Record (OSR) reviewed by the CY04B Board did not
contain his OPR, which contained critical  information  that  was  not
seen by the  board  members  and  as  such,  unfairly  put  him  at  a
disadvantage against his peers.

In support of his request, the applicant submitted  three  letters  of
support  from  his  chain  of  command  for  special  selection  board
consideration, a copy of his OPR  covering  the  period  16  May  2003
through 15 May 2004, and a copy of a file window indicating date draft
OPR file created.

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  CY04B  Central
Selection Board that convened on 12 July 2004.

The OPR closing out on 15 May 2004 was due in the applicant’s  OSR  no
later than 15 July 2004.  The rater, additional rater and the reviewer
signed the OPR on 24 August 2004, 30 August 2004, and 1 September 2004
respectively.  On 15 September 2004, a copy of the applicant’s OPR was
included in his military personnel records and on 24 November 2004,  a
copy of the OPR was included in his OSR.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   6 Jun 00       Meets Standards
                   6 Jun 01       Meets Standards
                   6 Jun 02       Meets Standards
                 *15 May 03       Meets Standards
                  15 May 04       Meets Standards

*Top report on file  at  the  time  of  the  CY04  lieutenant  colonel
selection board.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.   DPPPO  states  that  promotion  boards
consider thousands of OSRs.  The officers being  considered  by  these
promotion boards have OPRs with different closeout dates.  It  is  not
realistic to hold the Air Force accountable for expedition of  reports
that close out in proximity to the promotion boards.  For this  reason
they rely on a regulation to hold every officer and  rating  chain  to
the same level of responsibility, requiring reports to  be  placed  in
the OSR within 60 days after the closeout date.  If they were to allow
the inclusion of reports that were not required to be in the OSR to be
the basis for SSB consideration, it would be unfair to other  officers
who had reports close out less than 60 days from the promotion  board,
and whose reports may not have been expedited by their rating  chains.
Furthermore, each officer  eligible  for  promotion  consideration  is
advised of the entitlement to communicate with  the  board  president.
The applicant could have used this means to inform the board president
of the accomplishments covered in the 15 May 2004 OPR.  However, DPPPO
has verified the applicant elected not to exercise  this  entitlement.
DPPPO states the absence of this report, was not an error since it was
not required to be filed in his OSR for the CY04B board.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 Jan 05, for review and comment within 30 days.  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.   After  thoroughly  reviewing
the complete case file, we believe that the intent of the  applicant's
immediate chain of command was to have the OPR in  question  filed  in
time for the CY04 selection board and that it was the failure of their
organization’s OPR/EPR management process that prevented it from being
filed in his OSR prior to the Board convening.  Accordingly, in  order
to resolve any injustice to  the  applicant,  we  recommend  that  his
records be corrected in the following manner.


_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  the   Officer
Performance Report (OPR), rendered for the period 16 May 2003  through
15 May 2004, was signed by the rater in Section VI on 6 July 2004,  by
the additional rater in Section  VII  on  7  July  2004,  and  by  the
reviewer in Section VIII on 8 July 2004 and the OPR rendered  for  the
period 16 May 2003 through 15 May 2004, was accepted for file  in  his
Officer Selection Record on 9 July 2004.

It is further recommended  that  his  record,  to  include  the  above
corrected OPR, be considered for promotion to the grade of  lieutenant
colonel by a Special Selection  Board  for  the  Calendar  Year  2004B
Central Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
03681 in Executive Session on 28 March 2005, under the  provisions  of
AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Renee M. Collier, Member
            Mr. James W. Russell III, Member


All members voted to correct the records as recommended. The following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 Nov 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 6 Jan 05.
      Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.






                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR 2004-03681



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 APPLICANT, be corrected to show that the Officer Performance
Report (OPR), rendered for the period 16 May 2003 through 15 May 2004, was
signed by the rater in Section VI on 6 July 2004, by the additional rater
in Section VII on 7 July 2004, and by the reviewer in Section VIII on 8
July 2004 and the OPR rendered for the period 16 May 2003 through 15 May
2004, was accepted for file in his Officer Selection Record on 9 July 2004.

      It is further directed that his record, to include the above
corrected OPR, be considered for promotion to the grade of lieutenant
colonel by a Special Selection Board for the Calendar Year 2004B Central
Lieutenant Colonel Selection Board.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency