RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01944
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 December 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration  for  promotion
to the grade of major for the Calendar Year (CY) 2004A  Central  Major
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Two significant documents were missing from his “met board”  promotion
record; the “stratified” 2003-2004 Annual Officer Performance  Report;
and  his  Air  Force  Achievement   Medal   (AFAM)   for   Outstanding
Achievement.“

In support of the appeal, applicant submits a statement from a general
officer, a copy of his latest  OPR,  and  a  copy  of  his  Air  Force
Achievement Medal.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
captain.

Applicant was considered and not selected for promotion to  the  grade
of major by the CY04A  Major  Central  Selection  Board  (CSB),  which
convened on 1 November 2004.

OPR profile since 1997 follows:





       PERIOD ENDING             EVALUATION OF POTENTIAL

         14 Jul 97               Education/Training Report (TR)
         31 Oct 97                       TR
         14 Sep 98               Meets Standards (MS)
         14 Sep 99                       MS
         14 Sep 00                       MS
         14 Sep 00                       MS
         14 Sep 01                       MS
         14 Sep 02                       MS
         15 Oct 03                       MS
        #10 Dec 03                       TR
        *15 Oct 04                       MS

* Contested Report
# Top Report

The report was signed by the rater and additional rater on  16 October
2004 and by the reviewer on 4 November 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  states  that  the  applicant’s  OPR  that  closed  out  on
15 October 2004 was not required to be on file until 15 December 2004.
 Furthermore, the report was  not  signed  by  the  reviewer  until  4
November 2004; thus, it would not have been a matter of record by  the
board convening date of 1 November 2004.

In reference to the citation for his AFAM (1OLC) missing from his  OSR
when his record was considered for promotion, DPPPO  states,  although
the citation was not filed in his Officer Selection Record (OSR),  the
board members knew of its existence as evidenced by the entry  on  the
Officer Selection Brief (OSB) and the  Memorandum  for  Record,  dated
20 October 2004, filed in his OSR, indicating  the  citation  for  the
AFAM (1OLC) was missing.

They note AFI 36-2501, paragraph 6.3.2.2, 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.”  However,  the
applicant does not provide any documentation to show  what  action  he
took to ensure the contested citation was filed in his record prior to
convening of the board.  To ensure the contents of the actual OSR were
correct, the applicant would have had to request a copy of this record
from the Records Section, AFPC/DPPBR1, as directed in the  instruction
attached to the Officer Preselection Brief  (OPB)  that  each  officer
eligible for promotion receives prior to CSBs.  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.  Furthermore, the applicant  could
have notified the board president of the  accomplishments  covered  in
the contested OPR  and  the  citation;  however,  he  elected  not  to
exercise this entitlement.  Therefore, they recommend  denial  of  the
applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  during  his  career  he  has  made  considerable
efforts to ensure his official records are correct.   He  checked  his
records on numerous occasions prior to the  CY04  Major’s  board.   On
each occasion, he discovered missing items and  incorrect  information
and took action to have the issues  resolved.   He  realizes  this  is
important and requires constant  attention.   He  also  feels  he  was
diligent in  his  efforts  to  date  to  take  any  corrective  action
necessary.

He is aware AFI 36-2406 paragraphs 3.8.5.6 and 5.6.1 indicate a 60-day
window is allowed to post performance reports to the UPRG, but  he  is
also aware of a common practice promotion board members exercise.   He
does accept responsibility of ensuring that  performance  reports  are
maintained in his promotion records, however,  as  a  rate,  the  AFIs
provides him no authority to  ensure  expeditious  processing  of  his
performance reports.  Instead, Air Force guidance  changes  his  rater
with this task.  He further states that he had no  reason  to  believe
his OPR was not included in his promotion records therefore he did not
have cause to submit a letter  to  the  board  president.   Also,  the
absence of the citation did not afford the board an opportunity to see
that in addition to his PCS medal, AFCM (1OLC), he received  the  AFAM
for outstanding achievement.

He respectfully requests the contested OPR be included as  a  critical
part of his request for a SSB.  Although AFI 36-2406 states it  wasn’t
officially due to be posted to his records until 15 December 2004,  it
was available, if requested by the  promotion  board,  on  4  November
2004.

Lastly,  although  he  is  unclear  as  to  what  substantiates   “due
diligence” he submits his efforts to maintain his record  was  at  the
very least, diligent.  This effort did not begin in 2004  in  reaction
to the Officer Pre-selection Brief, but four years prior.

Applicant's  complete  response,  with  attachments,  is  attached  at
Exhibit E.

_________________________________________________________________


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 injustice.  After reviewing the evidence of record, we
believe that the processing of the contested OPR was  delayed  through
no fault of the applicant.  In this regard, we note that the rater and
additional rater signed the report on 16 October 2004 but it  was  not
signed by the reviewing official until 4  November  2004.   While  the
applicant does not provide statements from the  rating  chain  members
commenting on  why  the  report  was  not  processed  in  time  to  be
considered by the CY04A selection board, we do note the statement from
the  applicant’s  subsequent  commander  indicating  that  applicant’s
record, to include the contested OPR and AFAM should be  provided  SSB
consideration.  Based on the evidence of record, we agree.  Therefore,
we recommend his record be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the Officer Performance Report (OPR)
rendered for the period 16 October 2003 through 15 October  2004,  and
the citation to accompany the Air Force Achievement Medal (AFAM)(1OLC)
for the period 14 October 1999 to 3 November 1999, be  considered  for
promotion to the grade of major by Special  Selection  Board  for  the
Calendar Year 2004A Major Central Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 November 2005, under the provisions of AFI  36-
2603:

                  Mr. Christopher D. Carey, Panel Chair
                  Mr. James A. Wolffe, Member
              Ms. Barbara R. Murray, Member







By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Ms. Barbara R. Murray voted to deny applicant’s request,
but does not desire  to  submit  a  Minority  Report.   The  following
documentary evidence pertaining to AFBCMR Docket Number  BC-2005-01944
was considered:

   Exhibit A.  DD Form 149, dated 15 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPO, dated 6 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Jul 05.
   Exhibit E.  Applicant’s Response, dated 10 Aug 05.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair




AFBCMR BC-2005-01944




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, to include the Officer Performance Report
(OPR) rendered for the period 16 October 2003 through 15 October 2004,
and the citation to accompany the Air Force Achievement  Medal  (AFAM)
(1OLC) for  the  period  14  October  1999  to  3  November  1999,  be
considered for promotion to the grade of major  by  Special  Selection
Board for the Calendar Year 2004A Major Central Selection Board.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency