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AF | BCMR | CY2006 | BC-2006-00122
Original file (BC-2006-00122.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00122
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 July 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for promotion to the grade of lieutenant colonel  by
Special Selection Board (SSB) for the Calendar Year  2005A  Lieutenant
Colonel Central Selection Board (CBS), with the  Field  Grade  Officer
Performance Report closing 9 June 2005, a matter of record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She met the Lieutenant Colonel Nurse Clinical (NC) board in July  2005
and was not selected for promotion.  However,  her  selection  record,
did not contain her most  recent  Officer  Performance  Report  (OPR),
closing 9 June 2005.

The OPR that is missing had a closeout date of 9  June  2005  and  the
board met 6 July 2005.  Her 2005 OPR was signed  by  WG/CC  on  5 July
2005 and forwarded to the Military Personnel Flight (MPF)  on  5  July
2005.  E-mail communication from the promotion selection board is that
her 2005 OPR was not received until 28 July 2005 which was  two  weeks
after the board was completed.  She believes  the  board  should  have
contacted the MPF to fax the 2005 OPR since it was  evident  that  she
had an incomplete selection package since this OPR was  missing.   She
is respectfully requesting an SSB.

In support of the appeal, applicant submits a personal statement, with
three e-mails, a copy of a spreadsheet indicating signature  of  WG/CC
and forward dates to MPF, and a copy of her 2005 OPR.

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

_________________________________________________________________



STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of major.

Applicant was considered and not selected for promotion to  the  grade
of lieutenant colonel by the CY05A central selection board.

Applicant’s Officer Performance Reports (OPRs) from 1990 through  2005
reflect “meets standards” on all performance factors.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO states that officers being considered by  promotion  boards
have different closeout dates for their performance  reports.   It  is
not realistic to hold the Air  Force  accountable  for  expedition  of
reports that close out in close proximity  to  the  promotion  boards.
For this reason they rely on AFI 36-2406, paragraph  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.  Although the evaluators signed her  9  June  2005  OPR
prior to the board, this report was not required to be on file until 9
August 2005.  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.
Therefore, they recommend denial  of  the  applicant’s  request.   The
absence of this report was not an error since it was not  required  to
be filed in her Officer Selection Record (OSR) for the CY05A board.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 February 2006, 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 error or injustice.  After reviewing the evidence  of
record, the majority of the  Board  believes  the  processing  of  the
contested OPR was mishandled through no fault of  the  applicant.   In
this regard, a majority of the Board notes that there was time to  get
the report in her record; however, it was not done.  While  it  cannot
be conclusively determined whether or not the absence of the contested
OPR was the sole reason for applicant’s nonselection for promotion  to
the grade of lieutenant colonel by the Board in question, the majority
of the Board believes it served  to  deprive  her  of  full  and  fair
consideration.  In view of the foregoing and in an  effort  to  remove
any possibility of an injustice to the applicant, a  majority  of  the
Board recommends that her record, to include  the  contested  OPR,  be
considered for promotion to the grade of  lieutenant  colonel  by  the
Calendar Year 2005A Lieutenant Colonel Central Selection Board.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to include the Field Grade Officer  Performance
Report rendered for the period 10 June 2004 through  9 June  2005,  be
considered by a Special Selection Board (SSB)  for  promotion  to  the
grade of lieutenant colonel by  the  Calendar  Year  2005A  Lieutenant
Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-00122 in Executive Session on 30 March 2006, under the provisions
of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Patricia R. Collins, Member
              Mr. Grover L. Dunn, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Dunn voted to deny  the  application  but  does  not
desire  to  submit  a  Minority  Report.   The  following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 15 Dec 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 13 Feb 06.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.




                                   RICHARD A. PETERSON
                                   Panel Chair








AFBCMR BC-2006-00122





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 Field Grade Officer
Performance Report rendered for the period 10 June 2004 through 9 June
2005, be considered by a Special Selection Board (SSB) for promotion
to the grade of lieutenant colonel by the Calendar Year 2005A
Lieutenant Colonel Central Selection Board.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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