RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02014
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  26 DEC 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel  by  special
selection board (SSB) for the CY04A Colonel Central Selection Board
(6 Dec 04) (P0604A)  with  his  officer  performance  report  (OPR)
closing 31 Oct 04 and his Defense Meritorious Service Medal  (DMSM)
included in his officer selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The promotion board did  not  consider  material  information  that
should have been available.  His  OPR  with  a  close-out  date  of
31 Oct 04, updated in the Military Personnel Data  System  (MILPDS)
on 3 Nov 04, and his DMSM (sent to the board with  instructions  to
have in his records for  the  promotion  board)  were  not  in  his
records despite his timely and proactive actions.

In addition, the criterion used by the board to evaluate  the  last
line of his Promotion Recommendation Form (PRF) was unfair  in  his
situation.  Statements absent from his PRF, i.e., “If I had 1  more
Definitely Promote (DP)”; “Command Push” (his latest  OPR,  written
after the PRF but not considered by the  board,  has  the  “Command
Push”); or statements like “Ops deferred” or “in residence”  Senior
Developmental Education (SDE)  selectees  (including  Aug  04  NATO
Defense College (NDC))  got  a  higher  mark  than  a  Feb  05  NDC
attendee, selected for SDE on the same board.

In support of his appeal, applicant submitted a  copy  of  the  OPR
closing 31 Oct 04; an email correspondence from his unit; a  letter
from his senior rater/additional rater; a copy of his  P0604A  PRF,
and a copy of a Comparison of 10 “Low Select” Records  to  Member’s
Record, dated 15 Mar 05.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently  serving  in  the  grade  of  lieutenant
colonel, with a date of rank of 1 Oct 99,  with  a  Duty  Title  of
Exercises and Training.

Applicant was  nonselected  for  promotion  by  the  CY04A  Colonel
Central Selection Board which convened on 6 Dec 04.

Applicant's OPR  profile  for  the  last  eight  reporting  periods
follows:

      PERIOD ENDING    OVERALL EVALUATION

      09 Mar 99  Meets Standards (MS)
      19 Oct 99  Training Report (TR)
      31 Oct 00  MS
      31 Oct 01  MS
      28 Jun 02  TR
      31 Oct 02  MS
*     31 Oct 03  MS
#     31 Oct 04  MS

*Top report on file when considered and nonselected  for  promotion
by the CY04A Colonel Selection Board, which convened on 6 Dec 04.

# Contested report  -  the  report  was  signed  by  the  rater  on
31 Oct 04, and the additional rater on 1 Nov 04.   It  was  not  on
file when considered and nonselected for  promotion  by  the  CY04A
Colonel Selection Board, which convened on 6 Dec 04.

Applicant’s records reflect he was awarded the Defense  Meritorious
Service Medal, effective 5 Jan 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed  this  application  and  recommended  denial
stating, in part, the applicant alleges  his  31  Oct  04  OPR  was
missing from his OSR  when  it  met  the  P0604A  board.   However,
officers  being  considered  by  promotion  boards  have  different
closeout dates for their performance  reports.   For  this  reason,
they rely on  AFI  36-2406,  Para  3.8.5.6,  Officer  and  Enlisted
Evaluation Systems, which states that OPRs on EAD officers are  due
at HQ AFPC no later than 60 days following closeout of the  report.
The applicant’s OPR that closed out on 31 Oct 04 was  not  required
to be on file until 31 Dec 04.  Thus, the OPR would not have been a
matter of record by the board convening date.  Since many  eligible
officers fall into this predicament,  approving  SSB  consideration
with a report not required to be on file would generate  unfairness
in the current promotion process.

In regards to the DMSM, they  found  no  documentation  to  support
award of the decoration to the applicant.  He  did  not  provide  a
copy of the citation or orders  granting  approval  of  the  award.
Therefore, they cannot determine if SSB consideration is  warranted
by the P0604A  board  with  inclusion  of  the  decoration  in  his
records.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 Oct 05, applicant forwarded his response to the evaluation  by
electronic mail.  In his letter, he stated that it was clearly  his
senior rater’s intent to have his 31 Oct 04 OPR  in  his  promotion
folder in time for the board.  His senior rater went through  great
efforts to ensure the OPR would be in his folder in  time  for  the
board, and he believes the fault for the omission lies clearly with
HQ AFPC.

He indicated that AFI 36-2406 states  that  the  OPRs  are  due  to
HQ AFPC no later than 60 days following the closeout of the report;
however, this does not preclude the report getting there  prior  to
the deadline, and his report clearly was  available  at  AFPC  well
before his promotion board met.  Omitting his report was counter to
his senior rater’s intent and was clearly a case of  administrative
oversight at AFPC that denied him a fair chance at promotion.

Applicant’s complete response, with attachments, is 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.

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  for  special   selection   board   (SSB)
consideration with the OPR  closing  31  Oct  04  included  in  his
record.   The  governing  Air  Force  instruction   requires   that
performance reports on EAD officers be filed in the member’s record
no later than 60 days after the close-out date.  In this case,  the
contested report closed out on 31 Oct 04 and was not required to be
on file until 31 Dec 04.  Therefore, the OPR was not required to be
a matter of record by the Board convening date.   Nevertheless,  we
note that the contested report was signed by  the  final  reviewing
official on 1 Nov 04, and that the senior rater, who also served as
the additional rater/reviewer, indicated they tried  to  make  sure
the report made it to the board.  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  CY04A  Colonel  Central
Selection 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.

4.  In regard to the  DMSM,  we  note  that  the  applicant’s  unit
indicated they forwarded the medal to HQ AFPC prior to  the  Board.
While the applicant has provided  copies  of  the  certificate  and
citation accompanying award of the DMSM, he has not provided a copy
of the awarding order.  Therefore, we are unable  to  determine  if
the DMSM was eligible for consideration by the CY04A Board.

5.  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  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 1 November 2003 through 31 October 2004,  was  accepted  for
file in his Officer Selection Record on 1 December 2004.

It is further recommended that he be considered  for  promotion  to
the grade of colonel by a Special Selection  Board  (SSB)  for  the
Calendar Year (CY) CY04A Colonel Central Selection  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-2005-02014 in Executive Session on 19 October  2005,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard Jr.
      Ms. Barbara R. Murray, Member

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

     Exhibit A.  DD Form 149, dated 13 Jun 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 25 Jul 05.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.
     Exhibit E.  Letter, Applicant, dated 5 Oct 05, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-02014




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  1  November  2003  through  31  October  2004,  was
accepted  for  file  in  his  Officer   Selection   Record   on   1
December 2004.

It is further directed that he be considered for promotion  to  the
grade of colonel  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year (CY) CY04A Colonel Central Selection  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