RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03462
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 MAY 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) prepared  for  the  Calendar  Year  2005A
(CY05A) Central Lieutenant Colonel Selection Board be corrected  to  include
his Officer Performance Report (OPR), rendered for the  period  8  May  2004
through 7 May 2005 and that he be considered for promotion to the  grade  of
lieutenant colonel by a Special Selection Board (SSB) for the CY05A  Central
Lieutenant Colonel Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR should have been in his permanent record when the  CY05A  Lieutenant
Colonel Board convened in July 2005.  Due to administrative  neglect  beyond
his control it was not available to the board.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended  active  duty  (EAD)  in  the
grade of major effective and with a date of rank (DOR) of 1 August 2001.

The applicant was considered and not selected for promotion to the grade  of
lieutenant colonel by the CY05A Central Lieutenant Colonel  Selection  Board
which convened on 6 July 2005.




OPR profile since 1999 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 02 Jul 99                Meets Standards (MS)
                 06 Jul 00                   (MS)
                 07 May 01                   (MS)
                 07 May 02                   (MS)
                 07 May 03                   (MS)
                ** 07 May 04                 (MS)
                 * 07 May 05                 (MS)

* Contested Report
** Top Report for the CY05A Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommended denial indicating AFI  36-2406,  paragraph  3.8.5.6.,
Officer and Enlisted Evaluation Systems, states that OPRs  on  EAD  officers
are due at the Air Force Personnel Center no later than  60  days  following
closeout of the report.  Although the 7 May 2005 OPR should have been  filed
in the member’s record by 6 July 2005, it was not  signed  by  the  reviewer
until 20 September 2005.  As such, the OPR was not a matter  of  record  for
the CY05A board and therefore does not warrant SSB consideration.

Additionally, each officer eligible for promotion consideration  is  advised
of the entitlement to communicate with the board president.   The  applicant
could  have  used  this  means  to  inform  the  board  president   of   the
accomplishments covered in the 7 May 2005 OPR.  However, they have  verified
the applicant elected not to exercise this entitlement.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 December 2005, a copy of the Air Force  evaluation  was  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 an error or injustice.  The  applicant  contends  that  due  to
administrative neglect beyond his control the contested OPR was not  in  his
OSR before the convening of the CY05A Lieutenant Colonel  Central  Selection
Board.  The Board notes in accordance with the governing AFI, the  contested
OPR should have been filed in the applicant’s record  by  6 July  2005.   It
was signed by the rater and additional rater on 7 May 2005; however, it  was
not signed by the reviewer until 20 September 2005; therefore, it was not  a
matter of record before the CY05A board.  Although  the  applicant  did  not
provide statements from  his  rating  chain  explaining  the  situation,  it
appears  there  was  an  administrative  oversight  by  not  including   the
contested report.  While it cannot be conclusively  determined  whether  the
absence of the contested  OPR  was  the  sole  reason  for  the  applicant’s
nonselection for promotion by the  board  in  question,  we  do  believe  it
served to deprive him of full and fair consideration.  In view of the  above
findings and in an effort to offset any  possibility  of  an  injustice,  we
recommend the applicant’s records  be  corrected  to  the  extent  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:

a.  The  Field  Grade  Officer  Performance  Report  (OPR),  AF  Form  707A,
rendered for the period 8 May 2004  through  7  May  2005,  was  amended  in
Section VIII to reflect the date 7 May 2005, rather than 20 September 2005.

b.  The aforementioned OPR was accepted for file in  his  Officer  Selection
Record on 5 July 2005.

It is further recommended  that  the  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by a  Special  Selection  Board
commencing  with  the  Calendar  Year  2005A  Central   Lieutenant   Colonel
Selection Board and any subsequent boards in which the corrections were  not
a matter of record.

_________________________________________________________________




The following members of the Board considered AFBCMR Docket Number  BC-2005-
03462 in Executive Session on 15 February 2006, under the provisions of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Karen A. Holloman, Member

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

   Exhibit A.  DD Form 149, dated 8 Nov 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 27 Dec 05.
   Exhibit D.  Letter, SAF/MRBR, dated 30 Dec 05.




                 KATHLEEN F. GRAHAM
                 Panel Chair




AFBCMR BC-2005-03462





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    , be corrected to show that:

                 a.  The Field Grade Officer Performance Report (OPR), AF
Form 707A, rendered for the period 8 May 2004 through 7 May 2005, was
amended in Section VIII to reflect the date 7 May 2005, rather than 20
September 2005.

                 b.  The aforementioned OPR was accepted for file in his
Officer Selection Record on 5 July 2005.

      It is further directed that the corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection Board
commencing with the Calendar Year 2005A Central Lieutenant Colonel
Selection Board and any subsequent boards in which the corrections were not
a matter of record.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency