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AF | BCMR | CY2007 | BC 2007 03999
Original file (BC 2007 03999.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03999
		INDEX CODE:  131.01, 107.00
	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be promoted to rank of colonel by the Fiscal Year 2006 (FY06) 
Reserve Colonel’s Selection Board with an effective date of       
1 August 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She met all requirements to be promoted to the rank of colonel to 
include a Definitely Promote on her AF Form 709, Promotion 
Recommendation Form (PRF) from her senior rater; however, an 
officer performance report (OPR), rendered for the period        
23 February 2003 through 23 October 2003 was missing from her 
promotion folder. She believes she would have been promoted to 
colonel had the missing OPR been in her records.

In support of her request, the applicant submits a copy of her 
OPR, emails, a copy of the FY06 Air Force Reserve Colonel 
Promotion Board Fact Sheet and a copy of her awards and 
decorations information. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of lieutenant colonel.  Applicant was considered and 
not selected for promotion to the grade of colonel by the FY06 
Reserve Colonel Selection Board that convened on 16 October 2005.  

The OPR rendered on the applicant for the period 23 February 2003 
through 23 October 2005 was not signed by the rater and the 
reviewer until 13 October 2006.  The OPR was not processed in 
time for the promotion board. 

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends modification of the applicant’s request. The 
signature date of the rater and additional rater for this OPR 
should be changed from 13 October 2006 to 13 October 2005. This 
will make the document eligible for consideration by a special 
selection board (SSB). The applicant’s record, including the 
corrected 23 October 2003 OPR can be given SSB consideration by 
the FY06 USAFR Colonel Selection Board. This will correct the 
injustice of the missing OPR and give her a fair and equitable 
consideration for promotion. 

ARPC/DPB’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 11 January 2008, for review and comment within 30 days.  As of 
this date, this office has received no response.

_________________________________________________________________

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 warranting 
partial relief.  Having carefully reviewed this application and 
the evidence provided by the applicant, we agree with the Air 
Force office of primary responsibility that the applicant should 
meet an SSB for the FY06 USAFR Colonel Selection Board with the 
corrected OPR in question included in her record.  Regarding her 
request for direct promotion to colonel, we do not find that she 
has been the victim of an error or injustice that would warrant 
such a remedy through the correction of records process.  We 
believe that the question of who is best qualified for promotion 
among a competitive group of officers is best left to a promotion 
board empowered by law for that purpose.  We note that the 
promotion board has the advantage of reviewing the records of all 
eligible officers in making a determination based on their review 
of who is “best qualified” for promotion.  In those instances 
where we determine that an error or injustice has occurred that 
has possibly compromised an applicant’s promotion opportunity 
through the promotion board process, we believe that promotion 
consideration through the SSB process, with the record corrected, 
is the preferred method to resolve any question on promotion.  
Hence any determination to directly promote would have to be 
based on a view that the applicant had been the victim of such 
egregious actions as to leave no other recourse.  The 
circumstances of this case do not lead us to such a finding. 
Therefore, we recommend her records be corrected only to the 
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that the AF IMT 
707A, Field Grade Officer Performance Report (OPR) rendered for 
the period 23 February 2003 through 23 October 2003, was signed 
by the rater and the additional rater on 13 October 2005, rather 
than on 13 October 2006, and was accepted for file in her 
Officer Selection Record on 15 October 2005.

	It is further directed that the corrected record be 
considered for promotion to the grade of colonel by a Special 
Selection Board for the Fiscal Year 2006 (FY06) USAFR Colonel 
Selection Board.

_________________________________________________________________

The following members of the Board considered Docket Number BC-
2007-03999 in Executive Session on 20 February 2008, under the 
provisions of AFI 36-2603:

		XXXXXXXXXXXXXXX, Panel Chair
		XXXXXXXXXXXXXXX, Member
		XXXXXXXXXXXXXXX, Member

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

	Exhibit A.	DD Form 149, dated 28 Oct 07, w/atchs.
	Exhibit B.	Letter, ARPC/DPB, dated 21 Dec 07, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 11 Jan 08.
	





                                   XXXXXXXXXXXXXXXXX
                                   Panel Chair




AFBCMR BC-2007-03999




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 XXXXXXX, 
XXXXXXX, be corrected to show that the AF IMT 707A, Field Grade Officer Performance 
Report (OPR) rendered for the period 23 February 2003 through 23 October 2003, was signed by 
the rater and the additional rater on 13 October 2005, rather than on 13 October 2006, and was 
accepted for file in her Officer Selection Record on 15 October 2005.

	It is further directed that the corrected record be considered for promotion to the grade of 
colonel by a Special Selection Board for the Fiscal Year 2006 (FY06) USAFR Colonel Selection 
Board.





			XXXXXXXXXX
			Director
			Air Force Review Boards Agency




 




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