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AF | BCMR | CY2006 | BC-2006-02365
Original file (BC-2006-02365.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02365
            INDEX CODE:  111.01, 131.01
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE: 12 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by a Special Selection Board (SSB)  for  promotion  to  the
grade of lieutenant colonel by the Calendar  Year  2005A  (CY05A)  Selection
Board with inclusion of the Officer Performance Report  (OPR)  rendered  for
the period of 17 June 2004 to 31 May 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When his records met the primary zone (IPZ) board for lieutenant colonel  in
July 2005, his "on top" OPR was over 12 months  old.  His  most  recent  OPR
from May 2005 did not become part  of  his  recent  record  in  time  to  be
considered by the promotion board. The absence of his most recent OPR had  a
negative effect on his competitiveness for promotion.

In support of his application, applicant provided a  copy  of  his  OPR  and
letters of support from his rating chain.

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  and  CY06A  Lieutenant  Colonel  Central
Selection Boards.

The applicant's OPR that closed out on 31 May 2005 was not  required  to  be
on file until 31 July 2005. Since many  eligible  officers  fall  into  this
predicament, approving SSB consideration with a report not  required  be  on
file  would  generate  unfairness  in   the   current   promotion   process.
Furthermore, although the  applicant  provides  emails  from  his  chain  of
command stating they intended for the OPR to meet the board, the report  was
not signed by the reviewer until 9 August 2005;  thus,  it  would  not  have
been a matter of record for the board convening date of 6 July 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial and states the absence of the  report  was  not
an error since this document was not required to be  filed  in  his  Officer
Selection Record (OSB) until 31 July 2005,  after  convening  of  the  CY05A
board. The applicant alleges his 31  May  2005  OPR  was  missing  from  his
record when it met the CY05A board. However, officers  being  considered  by
promotion  boards  have  different  closeout  dates  for  their  performance
reports. For this  reason  DPPPO  relies  on  AFI  36-2406,  para  3.8.5.6.,
Officer and Enlisted Evaluation Systems,  which  states  that  OPRs  on  EAD
officers are due at AFPC no later than 60 days  following  closeout  of  the
report.

AFPC/DPPPO complete 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  25
August 2006, for review and comment.  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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  injustice.   After  thoroughly  reviewing  the
applicant's complete submission, we are not persuaded that  the  applicant's
records warrant reconsideration by an SSB for  promotion  to  the  grade  of
lieutenant colonel.  In regard to the  contested  OPR  closing  out  31  May
2005, the Board is of the opinion that the report was not required to be  on
file at the time the CY05A lieutenant colonel promotion board convened on  6
July 2005.  Therefore, we agree with opinion and recommendation of  the  Air
Force office of primary responsibility and adopt its rationale as the  basis
for the conclusion that the applicant has not been the victim  of  an  error
or injustice.  In the absence of  evidence  to  the  contrary,  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 probable 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-2006-02365
Executive Session on 17 October 2006, under the provisions of AFI 36-2603:

       Ms. Charlene M. Bradley, Panel Chair
       Ms. Patricia R. Collins, Member
       Ms. LeLoy W. Cottrell, Member

The following documentary evidence relating to AFBCMR Docket Number BC-2006-
02365 was considered:

   Exhibit A.  DD Form 149, dated 1 Aug 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 17 Aug 06.
   Exhibit F.  Letter, SAF/MRBR, dated 25 Aug 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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