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AF | BCMR | CY2007 | BC-2007-00094
Original file (BC-2007-00094.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2007-00094
                                       INDEX CODE:  100.05
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 July 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2006A (CY06A) (15 May 2006)  (P0606A)  Colonel  (Col)  Central
Selection Board (CSB) with  inclusion  of  his  Officer  Performance  Report
(OPR) closing 13 May 2006 in his Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 13 May 2006 contained valuable performance and  achievements
that was not available for the board  member’s  review  in  determining  his
promotion eligibility for selection to the grade of colonel.

In support of his appeal, the applicant provides a copy of his OPR  for  the
period 14 May 2005 through 13 May 2006.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System, the applicant is  currently
serving on active duty in the grade of lieutenant colonel with an  effective
date and date of rank of 1 March  2001.   He  has  a  Total  Active  Federal
Military Service Date and a Total Active Federal Commissioned  Service  Date
of 8 January 1985.  The applicant has  one  nonselection  to  the  grade  of
colonel by the CY06A Col CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial  of   the   applicant’s   request   for   SSB
consideration by the P0606A board with inclusion of his  13  May  2006  OPR.
DPPPO states the absence of the OPR does not constitute an  error  since  it
was not required to be filed in his OSR for the  P0606A  board.   Air  Force
Instruction  (AFI)  36-2406,  paragraph  3.8.5.6,   Officer   and   Enlisted
Evaluation Systems, indicates OPRs on Extended Active  Duty  (EAD)  officers
are due to Headquarters Air Force Personnel Center (AFPC) no later  than  60
days following the closeout of the report.  The applicant’s OPR that  closed
out on 13 May 2006 was not required to be on file until 13 July 2006,  after
the board convening date of 15 May 2006.  Since many eligible officers  fall
into this  predicament,  approving  SSB  consideration  with  a  report  not
required to be on file would generate unfairness in  the  current  promotion
process.

DPPPO states the applicant contends the rater signed the 13 May 2006  report
on 18 April 2006 and the additional rater on 25 April 2006 in order  for  it
to meet the P0606A board.  However, these dates were  corrected  to  reflect
13 May 2006 prior to it becoming a matter of record on  19  September  2006,
the  date  the  report  was  filed  in  his  OSR.   AFI  36-2406   prohibits
evaluator’s from signing or dating the report before the close out date.

The AFPC/DPPPO evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  9
March 2007, 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  The applicant has  requested  SSB
consideration for the P0606A Col CSB with inclusion of his 13 May  2006  OPR
in  his  OSR.   However,  we  note  that  in  accordance  to  the  governing
instruction, his OPR closing out on 13 May 2006 was not required  to  be  on
file in his P0606A OSR until after the board convening  date.   We  feel  to
grant the applicant’s request would give him an unfair advantage over  other
eligible officers in a similar situation.  Therefore, in view of the  above,
we agree with the opinions and recommendation of the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
decision.  Accordingly, the applicant’s request  for  SSB  consideration  is
not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 2 May 2007, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Clarence R. Anderegg, Member
                       Ms. Mary C. Puckett, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-00094:

      Exhibit A.  DD Form 149, dated 8 Jan 07, w/atch.
      Exhibit B.  Letter, AFPC/DPPPO, dated 26 Feb 07, w/atchs.
      Exhibit C.  Letter, SAF/MRBC, dated 9 Mar 07.




                                                   JAMES W. RUSSELL, III
                                                   Panel Chair


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