RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01263
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  16 OCT 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel by a special
selection board  (SSB)  for  the  FY05  Colonel  Line  and  NonLine
Promotion Board with his Officer Performance Report  (OPR)  closing
26 Feb 04, included in his officer selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR was  delayed  due  to  the  Air  Reserve  Personnel  Center
(HQ ARPC)  incorrectly  placing  him  in  Retired  Reserve  status.
HQ ARPC rescinded the orders, but not until after the  OPR  “shell”
was misplaced.  He did not discover that his last OPR  was  not  in
his selection records until after the board concluded.

Without the OPR closing in Feb 04, the promotion board did not have
a complete record of his performance.   If  the  colonel  selection
board had considered the  missing  OPR,  coupled  with  the  strong
promotion recommendation he received  from  his  senior  rater,  he
would have been promoted to the rank of colonel.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
Promotion Recommendation Form (PRF) for the (V0605A) board; his OPR
closing 26 Feb 04 (contested  report);  his  Retirement  Order  and
subsequent Revocation Order, and an email between the applicant and
his major command.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving in the grade
of lieutenant colonel, with a promotion service date  and  date  of
rank of 1 Oct 98, as a Contracting/Acquisition Staff Officer.

Applicant's Officer Performance Report (OPR) profile for  the  last
five reporting periods follows:

      PERIOD ENDING    EVALUATION

      17 Jun 97  Meets Standards (MS)
      12 Dec 97  Training Report (TR)
      17 Jun 98  MS
      26 Feb 03  AF Form 77 (no report
            Req IAW AFR 36-2402)
      26 Feb 04  MS (contested report)
      26 Feb 05  MS

The contested OPR  closing  26  Feb  04  was  not  in  his  officer
selection record (OSR) when he was considered and non-selected  for
promotion by the FY05 Colonel Line  and  NonLine  Promotion  Board,
which convened 18 Oct 04.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They
provided the following analysis of the case:

Applicant was considered but not selected by the FY05 Colonel  Line
and NonLine Promotion Board, which convened on 18 Oct 04.

The OPR in question had a close-out date of 26 Feb  04  and  should
have been completed, signed, and placed in his selection record not
later than 26 May  04.   The  OPR  was  signed  by  his  rater  and
additional rater on 8 Nov 04, and by the reviewer (who is also  the
senior rater) on 19  Nov  04.   It  was  received  at  HQ  ARPC  on
6 Jan 05.  Until the rating chain signs the OPR, it is a draft  and
is not eligible for placement in a selection record.  The report in
question was not signed until one month after the board adjourned.

The applicant was assigned to the Retired  Reserve  on  1  Jun  04;
however, this assignment was revoked on 16 Jun 04.   These  actions
took place four months after the OPR closed out, and after the date
the OPR should have already been placed in his selection record.

Applicant’s rating chain was aware that he was being considered for
promotion by the FY05 colonel board, as evidenced by the PRF signed
by the senior rater and received in-time for consideration  by  the
promotion board.  The lateness of the OPR cannot be  attributed  to
the applicant’s assignment to the Retired Reserve as that  happened
four months after the OPR was due.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 29 Apr 05 for review and comment 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice warranting favorable action  on
the applicant’s  request.   The  governing  Air  Force  instruction
requires that performance reports on non-EAD officers be  filed  in
the member’s record no later than 90 days after the close-out date.
 In this case, the contested report closed out on 26  Feb  04,  but
was not received at HQ ARPC until  5  Jan  05.   Consequently,  the
report was not included in the applicant’s officer selection record
when he was considered for promotion to colonel by the FY05 Colonel
Line and NonLine Promotion Board, which convened on 18 Oct 04.   In
view of this, we find that, through no fault of the applicant,  his
record was incomplete when he was considered for promotion  by  the
FY05 Colonel Line  and  NonLine  Promotion  Board.   Therefore,  to
preclude any injustice to the applicant, we believe  he  should  be
given consideration for promotion by a Special Selection Board with
the  contested  OPR  included  in  his  record.   Accordingly,   we
recommend that the applicant’s records be  corrected  as  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  the  Field  Grade
Officer Performance Report, AF Form  IMT  707A,  rendered  for  the
period 27 Feb 03 through 26 Feb 04, was  signed  by  the  rater  in
Section VI on 19 April 2004, the additional rater in Section VII on
20 April 2004, the reviewer in Section VIII on 21 April  2004,  and
the Air Force Advisor in Section IX on 21 April 2004; and  that  it
was  accepted  for  file  in  his  Officer  Selection   Record   on
26 April 2004.

It is further recommended that he be considered  for  promotion  to
the grade of colonel by a Special Selection  Board  (SSB)  for  the
Fiscal Year (FY) 2005 Colonel Line and Nonline Promotion Board  and
any subsequent boards for which the above corrected OPR was  not  a
matter of record.
___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01263 in Executive Session  on  23  June  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher D. Carey, Member
      Mr. Wayne R. Gracie, Member

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

     Exhibit A.  DD Form 149, dated 4 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 27 Apr 05.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2005-01263




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 XXXXXXX, XXXXXXX, be  corrected  to  show  that  the
Field Grade Officer Performance Report, AF Form IMT 707A, rendered for
the period 27 Feb 03 through 26 Feb 04, was signed  by  the  rater  in
Section VI on 19 April 2004, the additional rater in Section VII on 20
April 2004, the reviewer in Section VIII on 21 April 2004, and the Air
Force Advisor in Section IX on 21 April 2004; and that it was accepted
for file in his Officer Selection Record on 26 April 2004.

      It is further recommended that he be considered for promotion to
the grade of colonel by a Special Selection Board (SSB) for the Fiscal
Year (FY) 2005 Colonel  Line  and  Nonline  Promotion  Board  and  any
subsequent boards for which the above corrected OPR was not  a  matter
of record.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency