RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02165
            INDEX CODE:  111.01, 131.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  12 January 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) be changed to reflect  his  last  Officer
Performance Report (OPR) for the period  ending  20  October  2004  and  his
award of the Joint Service Achievement Medal (JSAM) for the  period  21  May
through 30 August 2004 be considered by a Special Selection Board (SSB)  for
the CY04A Major Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR for the period ending 20 October 2004 was delayed in being filed  in
his records.  His JSAM was awarded for his deployment from  21  May  through
30 August 2004.  The award was completed and initially signed on 2  November
2004, but was not added to his record.  The JSAM was received prior  to  the
closeout of the initial board and should  be  added  to  his  OSR.   He  was
unable to physically verify his record prior to the board due to his TDY  to
Keesler AFB for training.

In support of his request, applicant provides a copy  of  his  OPR  for  the
period ending 20 October 2004, supporting  statements  from  his  rater  and
additional rater  and  a  copy  of  his  JSAM  citation  with  orders.   The
applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates the
applicant’s Total Active Federal Military Service Date as 3  January  1997.
He is currently serving on active duty in the grade of captain, with a date
of rank of 22 December 2000.

The  applicant’s  OSR  contains  AF  Forms  707B,  Company  Grade   Officer
Performance Reports, beginning with the rating period 10 November 2000  and
ending 20 October 2004 with  overall  ratings  of  “Meets  Standards,”  the
applicant received an AF Form 475, Education/Training Records,  documenting
his completion of Squadron Officer School (Resident Course).  In  addition,
the applicant’s OSR contains two Air  Force  Commendation  Medals  for  the
periods 1 February 1998 to 17 December 1999, and 1  July  2000  to  9  June
2003.

The applicant has one nonselection to the grade of major by  the  CY04A  (1
Nov 04) Major CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends partial approval.  DPPPO states that since  the  rater
and additional rater on the report provided statements acknowledging it  was
their intent to complete the OPR and have it filed in  the  applicant’s  OSR
prior to convening of the Major CSB, and the signature dates on  the  report
are prior to the board convening date, DPPPO  recommends  SSB  consideration
with inclusion of the OPR.   In  regard  to  the  JSAM,  DPPPO  states  that
although the period of the  decoration  was  through  30  August  2004,  the
special order announcing its approval was published on  15  June  2005.   As
such, the decoration did not exist for the Major  CSB  that  convened  on  1
November 2004.  The AFPC/DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 September 2005, a copy of the Air Force evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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  error  or  injustice.   In  support  of  his  contention,  the
applicant provides credible evidence  from  his  rating  chain  who  clearly
indicates it was their intent to have the Officer Performance  Report  (OPR)
in question  completed  and  on  file  prior  to  the  CY04A  Major  Central
Selection Board.  Given the unequivocal support from these  senior  officers
and having no reason to question their integrity in this matter, we  believe
the applicant was improperly disadvantaged due to the absence  of  this  OPR
which could have potentially detracted from his overall  evaluation  of  his
record.   Therefore,  his  record  should  be  corrected  to  include   this
information.  We have no way of knowing  the  impact  the  above  correction
would have had on the applicant’s promotion opportunities when presented  to
the CY04A Major Central Selection Board.  Therefore, in order to afford  the
applicant full and complete relief and to resolve any doubt in this  matter,
his corrected record should be referred to a Special Selection Board.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting approval of his request  for  the
Joint Service Achievement Medal (JSAM) to be accepted for file prior to  the
CY04A Major Board convening  date.   In  this  respect,  we  note  that,  by
regulation, decoration recommendations are entered  into  official  channels
within 2 years and awarded within  3  years  of  the  act,  achievement,  or
service performed.  Therefore, the JSAM was processed  in  a  timely  manner
and it did not exist at the time the CY 2004A board  convened.   Other  than
his own assertions, we have seen no evidence  by  the  applicant  indicating
that his superiors intended or attempted to expedite the processing  of  the
award for the purpose of its consideration by the CY 2004A  Major  selection
board.  Accordingly, in view of the above and in the absence of evidence  to
the contrary, we find no basis to recommend granting relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT  be  corrected  to  show  that  the  Company   Grade   Officer
Performance Report, AF Form 707B,  rendered  for  the  period  1  June  2004
through 20 October 2004, was accepted for  file  in  his  Officer  Selection
Record, on or before 30 October 2004.

      It is further recommended that he be considered for promotion  to  the
grade of major by a Special  Selection  Board  (SSB)  for  the  CY04A  Major
Central Selection Board.

_________________________________________________________________

The  following  members  of  the  Board  considered  this  application,   in
Executive Session on 9 February 2006 under the provisions of AFI 36-2603:

            Ms. Cathlynn B. Sparks, Panel Chair
            Mr. August Doddato, Member
            Mr. Vance E. Lineberger, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket No. 05-
02165:

    Exhibit A.  DD Form 149, dated 10 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 12 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 05.





                                   CATHLYNN B. SPARKS
                                   Panel Chair
AFBCMR BC-2005-02165




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 xxxxxxxxxxxxx, be corrected to show that the Company Grade
Officer Performance Report, AF Form 707B, rendered for the period 1 June
2004 through 20 October 2004, was accepted for file in his Officer
Selection Record, on or before 30 October 2004.

      It is further recommended that he be considered for promotion  to  the
grade of major by a Special  Selection  Board  (SSB)  for  the  CY04A  Major
Central Selection Board.






         JOE G. LINEBERGER

         Director

         Air Force Review Boards Agency