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AF | BCMR | CY2006 | BC-2005-02746
Original file (BC-2005-02746.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02746
            INDEX CODE:  131.00, 111.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  05 March 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for Professional Military Education  (PME)  candidacy
by the Calendar Year 2003B Major Central Selection  Board  (CSB)  with
inclusion of his Officer Performance Report  (OPR)  rendered  for  the
period 22 November 2002 through 21 November 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He practiced due diligence  in  ensuring  his  OPR  was  complete  and
available for his major’s board.  After the board, he requested a copy
of his “As Met”  records.   Those  records  did  not  include  his  21
November 2003 OPR.  He believes there are significant  accomplishments
on that OPR that would have made his records more competitive for “IDE
Select” status.  An AFPC copy of his OPR shows that it was received by
fax on 8 December 2003, yet his As Met records did not have  that  OPR
in them.  A copy of the fax cover sheet that shows the  date  the  OPR
was sent to  AFPC  is  presented.   The  21  November  2003  OPR  list
accomplishments that should  have  been  considered  as  part  of  his
records.  He diligently worked to make sure his records  were  correct
to include a trip to AFPC records  branch  to  personally  review  his
records prior to his board.  He had no other means to  make  sure  his
OPR was in  his  records  other  than  to  stress  the  importance  of
completing his OPR in time to have it reach the  board  by  the  first
day; his squadron’s support staff did just that.  Despite  their  best
efforts, he believes that his OPR did not make it  to  the  board  and
that his records did not compete fairly based on the  fact  that  they
were incomplete and not truly representative of his  contributions  to
the Air Force or his accomplishments over the year prior to the board.
 All he asks is that he is given the benefit of the doubt and that his
full and correct records are sent on  to  a  Special  Selection  Board
(SSB) to decide if he truly meets criteria for an “IDE Select” spot.

In support of the appeal, applicant submits a copy  of  the  OPR  that
closed out on 21 November 2003; a copy of his “As Met” records request
and his “As Met” records; and copy of the fax transmittal sheet.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a member of the Regular  Air  Force  serving  in  the
grade of major, having been selected by the CY03B board.  His Date  of
Rank is 1 July 2005.

Applicant was considered and selected for promotion to  the  grade  of
major by the CY03B.

Applicant’s Officer Performance Reports (OPRs) from 1995 through  2004
reflect “meets standards” on all performance factors.

AFPC/DPB indicates an AFPC copy of applicant’s OPR shows that  it  was
received by fax on 12-8-03 and the board convened on 8 December  2003.
The records section’s established  procedures  for  handling  original
OPRs which replace faxed OPRs for promotion boards require  the  clerk
to hand write “replaces fax” and the date the fax was received on  the
top, left margin of the original report.  The  original  OPR  is  then
filed into the selection folder and date stamped on that day.  The fax
is then removed and destroyed.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPB states they contend his 21  November  2003,  although  not  a
required document, did meet the 8 December 2003 board as evidenced  by
the handwritten note across the top.  The clerk preparing his “As met”
copy obviously focused on the 31 March 2004 date stamp and  failed  to
look at the top left margin to  see  that  it  replaced  a  fax.   She
committed a simple human error.

The 21 November 2003 OPR has the handwritten remarks “Replaces fax 12-
8-3” in the upper left hand margin indicating  established  procedures
were followed.  The 21 November 2003 OPR was not a  required  document
for the 8 December 2003 board.  In accordance with AFI 36-2406,  Table
3.6, Note 1a, any document closing out within 60  days  of  the  board
convene date cannot  be  required  for  the  board.   Therefore,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.
AFPC/DPPPO states that they agree with AFPC/DPB  and  therefore,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 October 2005, copies of the Air Force evaluations were forwarded
to the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.  After reviewing the evidence  of
record, we believe that  the  processing  of  the  contested  OPR  was
mishandled through no fault of the applicant.  In this regard, we note
that the clerk preparing his “As met” copy obviously focused on the 31
March 2004 date stamp and failed to look at the top left margin to see
that it replaced a fax.  She committed a simple human error.  While it
cannot be conclusively determined whether or not the  absence  of  the
contested OPR was the sole reason for applicant’s nonselection for PME
candidacy by the Board in question, we do believe that  it  served  to
deprive him of full and fair consideration.  In view of the  foregoing
and in an effort to remove any possibility  of  an  injustice  to  the
applicant, we recommend that his record, to include the contested OPR,
be considered for Professional Military Education (PME)  candidacy  by
the Calendar Year 2003B Major Central Selection Board.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  to  include  the   Company   Grade   Officer
Performance Report rendered for the period 22 November 2002 through 21
November 2003, be considered by a special selection  board  (SSB)  for
Professional Military Education (PME) candidacy by the  Calendar  Year
2003B Major Central Selection Board.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 January 2006, under the provisions of AFI  36-
2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Ms. Jean A. Reynolds, Member
              Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2005-02746 was considered:

   Exhibit A.  DD Form 149, dated 29 Aug 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPB, dated 5 Oct 05.
   Exhibit D.  Letter, AFPC/DPPPO, dated 17 Oct 05.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Oct 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair







AFBCMR BC-2005-02746





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 Company Grade Officer
Performance Report rendered for the period 22 November 2002 through 21
November 2003, be considered by a special selection board (SSB) for
Professional Military Education (PME) candidacy by the Calendar Year
2003B Major Central Selection Board.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency




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