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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