RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01280

            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 28 OCTOBER 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receives Special Selection Board (SSB) consideration for the CY05B Major
Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Performance Report OPR closing  31  October  2005  and  his  Air
Force Commendation Medal (AFCM), First  Oak  Leaf  Cluster  (1OLC)  citation
should have been filed in his Officer Selection Record (OSR) for  the  CY05B
CSB. Additionally, his current duty title effective 31  October  2005,  AFCM
(1OLC) and his duty assignment information should be reflected on his  CY05B
Officer Selection Brief (OSB).

In support of his application, applicant submits copies of  his  CY05B  OSB,
OPR closing 31 October 2005 and the AFCM (1OLC) citation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of  captain  with
a date and effective date of rank of 28 May  2001.  The  applicant  has  one
nonselection to the grade of major by the CY05B CSB.

____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO reviewed the applicant’s information and found his OPR closed  out
31 October 2005.  According to AFI 36-2406 OPRs are required to  be  to  the
Military Personnel Flight (MPF) up to 60 days after close-out.  The  OPR  in
question had until 31 December 2005 to be posted, which is  after  the  FY05
Major’s Promotion Board which was held on 5 December 2005.  However, it  was
not posted until 13 March 2006.  The AFCM was awarded  on  1  December  2005
and was posted on 10 March 2006.  The applicant’s OSB from  5 December  2005
listed, “F-16 Fighter Pilot” as the duty  title  from  26  July  2004  to  9
February 2005.  Upon review of the applicant’s OPRs, he was performing  Wing
Life Support Officer duties in addition to F-16 Fighter Pilot duties  during
that time. His duty  history  has  been  corrected.   AFPC/DPAO  defers  the
decision for a special selection board to SAF/MRBR.

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

AFPC/DPPPO recommends denial.  The applicant contends  his  31 October  2005
OPR was not in his record when it met the CY05B board. The OPR  in  question
was not required to be on file until 31 December 2005.   If  DPPPO  were  to
allow the inclusion of reports that were not required to be in  the  OSR  to
be the basis for SSB consideration, it would be  unfair  to  other  officers
who had reports close out less than 60 days from  the  promotion  board  and
whose reports may not have been expedited by their rating chains.

DPPPO states the period of the AFCM (1OLC) is 7  April  2003  to  31 October
2005, and the special order was published on 1 December 2005.  According  to
AFI 36-2803, decoration recommendations are entered “into official  channels
within 2 years and awarded within  3  years  of  the  act,  achievement,  or
service performed.” In  addition,  citations  and  special  orders  must  be
forwarded within 30 days of the date of the special  order.   As  such,  the
special order and citation were  processed  within  the  guidelines  of  the
governing directive and neither were due for  file  until  1  January  2006.
Furthermore,  the  applicant’s  achievements  cited  in  the  citation  were
highlighted in the applicant’s OPRs for the  periods  of  28  February  2003
thru  29 December  2004  and  the  promotion  board  had  knowledge  of  the
achievement.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states  his  OPR  should
have closed out on 30 September 2005.  Due to an error by Shaw AFB  his  OPR
did not close out until 31 October 2005.  His report  should  have  been  to
AFPC by 29 November 2005.

The applicant further states AFI 36-2406, Officer  and  Enlisted  Evaluation
Systems, reflects “THRU DATE, if the reason for the report is CRO, then  use
the date before the effective date of change, or if the report is  mandatory
as a result of pending separation, retirement, or PCS of the rater,  or  PCS
or separation of the ratee,  use  the  date  30  calendar  days  before  the
projected departure date.  If the 30-day rule  will  cause  a  ratee  to  be
ineligible for a report due to lack of supervision, adjust the close-out  to
the date within the 30-day window  on  which  120  days  of  supervision  is
achieved.”  Per the AFI his OPR should have closed out on 30 September  2005
with 120 days of supervision.  The AFI further sates “never close  a  report
out on or after the actual departure, retirement, or separation date of  the
rater or ratee.”

He received his OPB on 22 July 2005.  He requested a  copy  of  his  records
from AFPC.  He reviewed his records and at that time his  most  current  OPR
was dated 29 December 2004 and his most  current  duty  title  was  correct.
Additionally, the input of F-16CJ pilot as a duty title  looked  correct  to
him because he was an F-16CJ pilot the entire time he was at Shaw  AFB.   It
was only brought to his attention that his duty title was wrong and  implied
regression during his nonselection counseling session  in  March  2006.   To
the best of his knowledge at the time, his records were accurate and he  did
everything to ensure their accuracy (Exhibit F).

_________________________________________________________________

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  that  would  warrant  some  relief.   As
stated, the applicant’s duty title history has been  corrected.   The  Board
believes  the  applicant’s  record  was  incomplete  at  the  time  he   was
considered for promotion by the CY05B major selection  board.   The  OPR  in
question should have been to AFPC by 29 November 2005.  However  due  to  an
error his OPR was closed out on 31 October 2005, and was not posted  in  his
permanent records until 13 March 2006.  Therefore, we believe the  applicant
was unfairly disadvantaged due to no fault of his own by the  delay  in  the
closing out and posting of his OPR.  Accordingly, in order  to  resolve  any
potential injustice to the applicant, we believe that any  doubt  should  be
resolved in his favor and that his record should be corrected  as  indicated
below.

4.    With respect to the AFCM w/1OLC issue, the Board had knowledge of  the
applicant’s achievements cited in his AFCM because they were highlighted  in
his OPRs for the periods of  28 February  2003  through  29  December  2004.
Therefore, the applicant has not established  that  he  was  the  victim  of
either an error or an injustice.  In view  of  the  foregoing,  we  find  no
basis for any corrective action with regard to this issue.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that the Officer Performance  Report  for
the period 30 December 2004 through 31 October 2005, was accepted  for  file
in his Officer Selection Record (OSR) on or before 5 December 2005; and,  he
be considered for promotion to the grade of major  by  a  Special  Selection
Board for the CY05B Central Major Selection Board.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01280 in Executive Session on 14 September 2006,  under  the  provisions  of
AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

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

   Exhibit A.  DD Form 149, dated 4 Apr 06, w/atchs.
   Exhibit B.  Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPAO, dated 9 Jun 06.
   Exgubut D.  Letter, HQ AFPC/DPPPO, dated 22 Jun 06.
   Exhibit E.  Letter, SAF/MRBR, dated 30 Jun 06.
   Exhibit F.  Letter, Applicant’s Response, dated 25 Jul 06.




                                        WAYNE R. GRACIE
                             Panel Chair






AFBCMR BC-2006-01280



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed 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 the Officer
Performance Report for the period 30 December 2004 through 31 October 2005,
was accepted for file in his Officer Selection Record (OSR) on or before 5
December 2005; and, he be considered for promotion to the grade of major by
a Special Selection Board for the CY05B Central Major Selection Board.



                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency