RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00892
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  given  Special  Selection  Board  (SSB)  consideration  by  the
Calendar Year  2005A  (CY05A)  Lieutenant  Colonel  Central  Selection
Board, with inclusion of his Officer  Performance  Report  (OPR)  that
covered the period 2 June 2004 through 1 June 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Record (OSR) reviewed by the CY05A Board did not
contain  his  OPR,  which  reflected  his  most  current  service  and
performance and therefore  was  not  an  accurate  reflection  of  his
ability to serve in a higher grade.  This omission  placed  him  at  a
disadvantage among his peers.

In support of his request, the applicant submitted  three  letters  of
support from his chain of command for SSB consideration, a copy of his
OPR covering the period 2 June 2004 through 1 June 2005, AF Form 3126,
General Purpose, and a copy of an Evaluation Tracking Sheet.

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 that convened on 6 July 2005.

The rater and the additional rater signed the OPR on 6 July  2005  and
the reviewer signed the OPR on 14 July 2005 respectively.  A  copy  of
the applicant’s OPR was included in his military personnel records  on
8 November 2005.

Applicant’s OPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  17 May 02       Meets Standards
                  17 May 01       Meets Standards
                  30 Jun 03       Meets Standards
                  *1 Jun 04       Meets Standards
                   1 Jun 05       Meets Standards

*Top report on file at  the  time  of  the  CY05A  Lieutenant  Colonel
Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states in part that regardless of
the evaluators’ intent or alleged administrative error,  the  OPR  was
not required to be on file for the CY05A Board.   Officers  considered
by promotion boards have different closeout dates for their OPRs.  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 after the closeout date.  The
applicant’s OPR that closed out on 1 June 2005 was not required to  be
on file until 1 August 2005.  Since many board 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.   Furthermore,  DPPPO  states  eligible   officers
meeting a board have the option  to  submit  a  letter  to  the  board
president addressing any matter of record concerning  themselves  that
they believe is important to their consideration for  promotion.   The
applicant could have used this means to inform the board president  of
his accomplishment  mentioned  in  his  report.   However,  DPPPO  has
verified the applicant  elected  not  to  exercise  this  entitlement.
DPPPO states the time to submit a letter to  the  board  is  prior  to
convening of the  original  board,  not  after  his  nonselection  for
promotion.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the OPR was not by regulation required to  be  in
his promotion folder for the  board.   However,  DD  Form  149  is  an
opportunity to identify and correct an error or injustice.  The  error
and injustice is that through administrative mistake, his most  recent
OPR was not included in his promotion folder and would have  been  had
the error not occurred.  The intent of his rating chain  is  clear  in
the supporting documentation that was provided.  Since it was clear to
him from his supervisory chain that the OPR was to  be  completed  and
submitted in time for the promotion board, and since there  was  ample
time to complete the process, submitting a letter to the  board  would
have been presumptuous to the board and his leadership.

The applicant’s complete response 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.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  The statements from  applicant’s
rating chain are duly noted; however, we do not find these  statements
in  and  by  themselves  sufficient  compelling  to  conclude  that  a
concerted effort was made to ensure the contested report was a  matter
of record for consideration by the CY05A selection board, but  because
of an oversight did not get completed in sufficient time.   The  Board
also notes the evidence of record indicates that  the  rater  and  the
additional rater signed the  OPR  on  the  date  the  selection  board
convened (6 July 2005) and the reviewer did not sign the report  until
after the board adjourned.  In view of this and since the  report  was
not required to be filed in his OSR until after the Board convened, we
do not believe he has been the victim of an error  or  injustice.   In
the absence of persuasive evidence to the contrary, we find  no  basis
to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
00892 in Executive Session on 25 May 2006 and on 8  June  2006,  under
the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Jan Mulligan, Member
            Mr. James L. Sommer, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 mar 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 19 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 28 Apr 06.
      Exhibit E. Letter, Applicant, dated 25 May 06.






                                   RICHARD A. PETERSON
                                   Panel Chair