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AF | BCMR | CY2006 | BC-2006-02349
Original file (BC-2006-02349.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02349,
            CASE 2
            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 7 FEBRUARY 2008


____________________________________________________________

APPLICANT REQUESTS THAT:

The senior rater’s signature for the Officer  Performance  Report  (OPR)
for the period ending 22 October 2004 be changed to 3 February  2005  to
allow the OPR to be included into his selection folder  for  the  Fiscal
Year 2007 Major’s Selection Board.

____________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his own the senior  rater  signed  the  report  well
after the deadline date for it to be  included  into  to  his  selection
folder.  The rater and the additional rater  signed  the  document  well
within the time frame allotted.  The evaluation was even identified  and
tracked by his command as he was meeting the board.  Due to  his  recent
transfer into the Air Force, the OPR was crucial  in  demonstrating  his
performance and ability.  Because it was excluded, the Board had no  way
of judging his performance potential.

In support of his application, applicant submits a copy of his  AF  Form
707B and Reserve Order CB-303.

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

____________________________________________________________

STATEMENT OF FACTS:

Applicant transferred from the Army Reserve into the Air  Force  Reserve
in 2002.

In an application dated 17 August 2005, the applicant requested a review
of his records and that he  be  allowed  to  remain  in  the  Air  Force
Reserves.

On 28 September 2005, the Air Force Board  for  Correction  of  Military
Records (AFBCMR)  directed  the  applicant’s  records  be  corrected  to
reflect the Air Force Form 475 for the period  2 June  2003  through  16
July 2003, be accepted in his Officer Selection Record (OSR) and that he
be considered for promotion consideration by the Fiscal Year  (FY)  2005
Line and Health  Professions  Major  Promotion  Board.   AFBCMR  further
directed the AF Form 707B rendered for the period 28 April 2003  through
22 October 2004, be corrected to show that it was signed by the reviewer
on 7 February 2005; and the report was accepted for file in his OSR on 7
February 2005; and that he be considered for promotion by  the  FY  2006
Line and Health Professions Major Promotion  Board  with  the  corrected
OPR.

The applicant was considered for promotion to the Reserve grade of major
by special selection board in February 2006.  He was not selected by the
SSB.

The applicant was again considered for promotion to the Reserve grade of
major by an SSB in  June  2006.   The  results  of  this  SSB  were  not
available at the time the AFBCMR convened.

The applicant was separated due  to  twice  non-selection  on  1 October
2005.  He was not eligible for the FY 2007 Line and  Health  Professions
Major Board conducted in March 2006, because he was not on  the  Reserve
active status list.

____________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends the requested relief be denied.  ARPC/DPB states the
requested relief was addressed and granted in the  applicant’s  previous
application.

A copy of the Air Force evaluation is at Exhibit C.

____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  18
August 2006, for review and response.  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 not timely filed.

3.    Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or  an  injustice.   We  took  notice  of  the
applicant's complete submission in  judging  the  merits  of  the  case;
however, we agree with the opinion and the  recommendation  of  the  Air
Force and adopt its rationale as the basis for our conclusion  that  the
applicant has not been the victim of an  error  or  an  injustice.   The
applicant’s request was addressed and approved in a  prior  application.
The Board in the previous application directed,  on  28 September  2005,
the applicant’s records be corrected to reflect his Air Force  Form  475
for the period ending 16 July 2003, be accepted in his  OSR  and  he  be
considered for promotion consideration by the  FY  05  Line  and  Health
Professions Major Promotion  Board.  The  AFBCMR  further  directed  the
applicant’s performance report for the period ending 22 October 2004, be
signed by the reviewer on 7 February 2005 and filed in his  OSR  on  the
same date; and that he be considered for promotion  with  the  corrected
OPR by the FY 06 Line  and  Health  Profession  Major  Promotion  Board.
Therefore,  considering  the  Board’s  previous  decision,  we  find  no
compelling 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 AFBCMR Docket  Number  BC-
2006-02349 in Executive Session on 4 October 2006, under the  provisions
of AFI 36-2603:

                       Mr. Christopher D. Carey, Panel Chair
                       Mr. Steven A. Cantrell, Member
                       Ms. Renee M. Collier, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149’s, dated 21 Jun 06, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ ARPC/DPB, dated 9 Aug 06.
      Exhibit D. Letter, SAF/MRBR, dated 18 Aug 06.




                             CHRISTOPHER D. CAREY
                             Panel Chair

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