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AF | BCMR | CY2007 | BC-2006-03682
Original file (BC-2006-03682.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03682
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 JUN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered for the period  15 April  2005
through 14 April 2006,  be  amended  by  changing  the  signature  dates  in
Section VI  Rater  Overall  Assessment  and  Section  VII  Additional  Rater
Overall Assessment, to a date prior  to  the  Calendar  Year  2006A  (CY06A)
Colonel Central Selection Board (CSB) which convened  on  15  May  2006  and
that she receive Special Selection Board (SSB) consideration  for  promotion
to the grade of Colonel for the CY06A Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR had been signed and submitted to the Air  Force  Personnel
Center (AFPC) in time to meet the CY06A board.  However, she  noted  several
administrative errors to include three incomplete lines where text had  been
dropped.  The report was redone.  Upon receiving the corrected copy, one  of
the lines had not  been  fixed  and  was  redone.   She  emphasized  to  the
personnel sections that per AFPC, the original dates should be used for  the
corrected reports.  However, each corrected  version  was  signed  with  the
date corrected.  She further states the report was originally completed  and
intended to be included in her promotion package.  She was disadvantaged  by
not having it included.

In support of her request, the applicant provided documents  extracted  from
her military personnel records and a letter from the  rater  and  additional
rater of the contested report.

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

_________________________________________________________________



STATEMENT OF FACTS:

Applicant is currently serving on extended  active  duty  in  the  grade  of
lieutenant colonel effective and with a date of rank of 1 October 2001.

The applicant was considered and not selected for promotion to the grade  of
colonel by the CYO6A (15 May 2006) Colonel CSB.

The applicant appealed the contested report under the provisions of AFI  36-
2401 and the appeal was considered and  denied  by  the  Evaluation  Reports
Appeal Board (ERAB) on 4 January 2007.

OPR profile since 2001 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 10 Jul 01              Meets Standards (MS)
                 10 Jul 01                   (MS)
                 10 Jul 02                   (MS)
                 28 Mar 03              Training Report (TR)
                   14 Apr 03                 (MS)
                   14 Apr 04                 (MS)
                 # 14 Apr 05                 (MS)
                 * 14 Apr 06                 (MS)

* Contested Report
# Top Report at the CY06A Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP states the applicant  states  the  14
April 2006 OPR was reaccomplished twice due to administrative errors.   Each
time the report was corrected the current  date  was  used  to  re-sign  the
report rather than the date the report was originally  signed.   The  member
presumes the dates on the working copies  (drafts)  are  official  signature
dates and should be reflected on  the  report  on  file.   IAW  AFI  36-2406
paragraph 3.8.17.1 until the report is filed in the MPerRGp  the  report  is
considered a working copy (draft) and  is  not  a  matter  of  record.   The
report was not made a matter of record until 22 September 2006, well  beyond
the 15 May 2006 board.

The applicant provided memorandums of support from the rater and  additional
rater.  The rater states  the  original  report  was  signed  prior  to  the
selection board; he was forced to re-accomplish the report,  not  only  once
but twice, preventing the report to be  viewed  as  part  of  the  promotion
record.  She also states the OPR was inadvertently dated with  the  date  of
the corrections vice the original date of the initial report.

The additional rater states the report was  completed  prior  to  the  board
convening, but twice returned due to  administrative  errors.   AFI  36-2406
paragraph 3.8.5.3 states completed OPRs are due to the MPF no later than  30
days after close-out.  The report was due to the Military  Personnel  Flight
(MPF) on 14 May 2006, a day before the CY06A board convened.   The  MPF  has
authority to fax reports to AFPC/DPPBR3 for inclusion in a  member’s  record
prior to the board.  The raters did not display  a  sense  of  urgency  when
preparing the member’s report.  The “first corrected copy” provided  by  the
applicant was not signed by the rater until 16 May 2006, and the  additional
rater 22 May 2006.  This further  indicates  the  raters  were  not  adamant
about ensuring the report met the 15 May 2006 board.

DPPPEP points out  that  promotion  boards  consider  thousands  of  Officer
Selection Records (OSRs).  The officers being  considered  by  these  boards
have OPRs with different closeout dates.  It is not realistic  to  hold  the
Air Force accountable for expedition  of  reports  that  closeout  in  close
proximity to the promotion boards.  For this reason, DPPPEP  relies  on  Air
Force policy to hold every officer and rating chain to  the  same  level  of
responsibility, requiring reports to be placed in the  OSR  within  60  days
after the closeout date.  The applicant’s rating chain signed the  contested
report after the promotion  board,  indicating  they  had  no  intention  to
expedite the processing of the report.   Based  on  this  recommendation  to
deny the applicant’s request, the  Chief  Officer  Promotion,  Appointments,
and Selective Continuation Branch, HQ AFPC/DPPPO, finds no  basis  to  grant
SSB consideration.

The DPPPEP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states  the  original  report  was
signed and forwarded prior to the board date with the intent of  the  report
meeting the  board.   However,  when  she  received  her  copy,  there  were
multiple administrative errors.  It is  strongly  written  and  both  raters
have stated it was their  intent  to  give  her  the  best  opportunity  for
promotion.  When she saw the report was in error, she  knew  it  had  to  be
corrected.  She expected people to do the right thing in  a  timely  manner.
She was informed by her MPF as well as the ERAB that  she  would  have  been
“better off leaving it wrong” because then it would had forced  an  SSB  for
an incorrect OPR if she were not selected.  Due to the lack of attention  to
detail by the administrative staff and their lack of urgency to correct  the
mistakes, she has been penalized by not  having  the  most  complete  record
meet the board.

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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  injustice.   In  support  of  the  applicant’s
contentions, she provided  support  from  her  rater  and  additional  rater
stating it was their intent  that  the  contested  report  be  on  file  for
consideration  by  the  CY06A  board.   However,   they   were   forced   to
reaccomplish the report twice due to administrative  errors.   Further,  the
applicant contends that on 8 May 2006, she called AFPC to confirm  that  the
contested OPR was placed in her records and was informed that  her  “current
OPR was on top.”  As such, it appears that she was misled  to  believe  that
her records were accurate and up to date when the board convened.   In  view
of the above, and in an effort to offset any injustice to the applicant,  we
believe  any  doubt  in  this  matter  should  be  resolved  in  her  favor.
Therefore, we recommend the applicant’s records be corrected to  the  extent
indicated below.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

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, rendered for the period 15  April  2005  through
14 April 2006, be amended  in  Section  VI,  Rater  Overall  Assessment,  to
reflect the rater signed the report on 10  May  2006,  rather  than  6  June
2006; in Section VII, Additional Rater Overall Assessment,  to  reflect  the
additional rater signed the report on 11 May 2006, rather than 9 June  2006;
and the report was accepted for file in her Officer Selection Record  on  12
May 2006.

It is further recommended that her record, to include  the  above  corrected
OPR be considered for promotion  to  the  grade  of  colonel  by  a  Special
Selection Board for  the  Calendar  Year  2006A  Colonel  Central  Selection
Board.

_________________________________________________________________




The following members of the Board considered AFBCMR Docket Number  BC-2006-
03682 in Executive Session on 28 Mar 07, under the  provisions  of  AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Barbara R. Murray, Member

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

   Exhibit A.  DD Form 149, dated 10 Nov 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 31 Jan 07.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.
   Exhibit E.  Letter, Applicant, dated 2 Mar 07.




                 JAY H. JORDAN
                 Panel Chair



AFBCMR BC-2006-03682





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  XXX be corrected to show that the AF IMT 707A, Field Grade
Officer Performance Report, rendered for the period 15 April 2005 through
14 April 2006, be amended in Section VI, Rater Overall Assessment, to
reflect the rater signed the report on 10 May 2006, rather than 6 June
2006; in Section VII, Additional Rater Overall Assessment, to reflect the
additional rater signed the report on 11 May 2006, rather than 9 June 2006;
and the report was accepted for file in her Officer Selection Record on 12
May 2006.

      It is further directed that her record, to include the above
corrected OPR be considered for promotion to the grade of colonel by a
Special Selection Board for the Calendar Year 2006A Colonel Central
Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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