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AF | BCMR | CY2007 | BC-2007-00435
Original file (BC-2007-00435.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00435
                                             INDEX CODE:  131.01
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 July 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Signature dates on an Officer Performance Report (OPR), closing out 28  July
2006, be corrected to a date prior to the convening of  the  FY07  Line  and
Non-line USAFR Colonel Promotion Selection Board, and he be considered by  a
Special Selection Board (SSB) for the FY07 Line and Non-line  USAFR  Colonel
Promotion Selection Board, with the corrected OPR entered  as  part  of  his
record.

________________________________________________________________

APPLICANT CONTENDS THAT:

There  were  multiple  errors  in  his  record,  specifically  his   Officer
Selection Brief (OSB), which was considered by the  FY07 Air  Force  Reserve
Line and Non-line Colonel Promotion Selection Board.

Corrections to his duty history were never updated.  His OSB  considered  by
the  Board  depicted  an   entirely   different   career   view   than   the
corrected/actual  assignment  data.   Multiple   assignment   entries   were
recorded  which  could  appear  to  board  members  as  a  lack  of   career
progression.  Despite  multiple  attempts  to  update  this  data  with  two
Military Personnel Flights (MPF), HQ Air Reserve  Personnel  Center  (ARPC),
HQ AFPC, and his respective orderly rooms, all of which  occurred  during  a
PCS move, corrections were not made to the record  in  time  to  present  an
accurate OSB to Board members.

An OPR, originally determined to be not  required  by  the  local  MPF,  was
subsequently requested with a closeout date of 28 July  2006  (three  months
prior to the Board  convening  date);  however,  due  to  an  administrative
error, it was not completed until January 2007.

In support of his appeal, applicant has  submitted  a  timeline  of  events,
dated 28 January 2007, and copies of his PCS SO A-346, dated 20  June  2006,
his OSB considered by the FY07 Line and  Non-line  USAFR  Colonel  Promotion
Selection Board, an OPR notice, dated 1 November 2006,  for  an  Annual  OPR
closing 31 December 2006, a Change of Reporting Official (CRO) OPR,  closing
out 28 July 2006, and signed  by  the  Rater  on  9  January  2007  and  the
Additional Rater on 10  January  2007,  and  an  Active  Duty  Officer  Data
Verification Brief, prepared 8 January 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is a USAFR officer currently  serving  on  a  voluntary  Air/Guard
Reserve (AGR) extended  active  duty  tour  until  31  July  2015.   He  was
reassigned from HQ AFPC, Randolph AFB, TX, to HQ Air Force  Reserve  Command
(AFRC), Robins AFB, GA, with a Report Not Later Than date of 31  July  2006,
and is currently serving as the HQ AFRC Chief, Management  Analysis  Branch.
He is currently  serving  in  the  grade  of  lieutenant  colonel,  and  was
considered and not selected for promotion to the grade  of  colonel  by  the
V0607A,  FY07 Air  Force  Reserve  Line  and  Non-line   Colonel   Promotion
Selection Board, which convened 16-20 October 2006.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  The OPR furnished by the applicant, closing  28
July 2006, is not yet a matter of record as it has not been submitted to  HQ
ARPC or placed in his selection  folder.   The  document  submitted  by  the
applicant is a draft and not the final copy, and changes could  be  made  up
until the day it is filed in his selection folder.

He had received an OPR within  one  year  of  the  convening  of  the  Board
(closing out December 2005), and board members would not  have  expected  to
receive more information.

All OPRs (with the exception of the OPR  closing  out  28  July  2006)  were
available to board  members  and  accurately  reflected  his  duty  history.
Promotion board members  are  instructed  to  use  all  information  in  the
selection folder, and the OSB is simply a snapshot, not the  entire  career,
and all documentation should  be  used  to  make  a  valid,  fully  informed
opinion as to the promotability of an officer.

Applicant had the opportunity to write a letter to the Board and inform  the
board members of his accomplishments since the closeout  of  his  last  OPR.
Although applicant did write to the Board, he did not avail himself  of  the
opportunity to recap his accomplishments.

The ARPC/DPB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the ARPC/DPB advisory on 4  April  2007.   He  stated
that since the 12 March 2007 advisory from  ARPC,  the  OPR  copy  submitted
with this appeal has, in fact, been submitted and entered into MILPDS  as  a
matter of record.  The processing time was delayed  as  the  OPR  was  again
routed incorrectly between the losing and gaining MPFs.

He took issue with the ARPC advisory that he had received an OPR within  one
year of the convening of  the  Board,  and  board  members  would  not  have
expected to receive more information.   His  OSB  considered  by  the  Board
clearly showed his current assignment at HQ AFRC, Robins AFB, and there  was
no OPR closing out from his previous  assignment  which  might  cause  board
members to question why a report was not filed.

While he agrees that the OSB is only a snapshot of an  individual’s  career,
it does help create an initial impression to a  board  member  who  is  time
constrained while reviewing records.  If it does  not  portray  an  accurate
reflection of a career, particularly  the  last  ten  duty  assignments,  it
could present a different impression to a  reviewing  board  member.   While
the OPR was completed after the Board due to  an  administrative  error,  it
was, in fact, for accomplishments for the period well before the  board  and
should have been completed and submitted as part of the board review.

Applicant’s complete response is at Exhibit D.

________________________________________________________________

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 probable error or injustice to warrant changing  the  signature
dates on his OPR closing 28 July 2006, to a date prior to the  convening  of
the FY07 Air Force Reserve Line and  Non-line  Colonel  Promotion  Selection
Board, and that he  be  considered  by  an  SSB  for  that  Board  with  the
corrected OPR in his OSR.  AFI 36-2406, Table 3.6, Note  1a,  requires  that
OPRs be filed in the officer’s OSR not later than  60  calendar  days  after
closeout date; thus, in this case, the OPR closing 28 July 2006 should  have
been filed in applicant’s OSR NLT late September 2006 for review by the  CSB
which  convened  on  16 October  2006.   Additionally,  evidence  has   been
presented to demonstrate  that  there  were  multiple  errors  in  his  duty
history as reflected on his OSB considered by that board,  which  have  been
administratively corrected.  While the OSB is a  snapshot  of  an  officer’s
career, it is not reasonable to expect a  time-constrained  promotion  board
to review all OPRs and other documents contained in the OSR to ascertain  an
accurate duty history.  In view of the above, we recommend his  records,  to
include a corrected OSB and an amended OPR reflecting signature dates of  30
September 2006, be considered for promotion to the grade of  colonel  by  an
SSB for the FY07 Reserve  Line  and  Non-line  Colonel  Promotion  Selection
Board.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that  the  Officer  Performance  Report
(OPR), AF Form 707A, for the period 1 January 2006  through  28  July  2006,
be, and hereby is, amended in Section  VI,  Rater  Overall  Assessment,  and
Section VII, Additional  Rater  Overall  Assessment,  to  reflect  signature
dates of 30 September 2006.

It is further recommended that applicant’s record, to include the  corrected
OPR for the period 1 January 2006 through 28 July 2006,  be  considered  for
promotion to the grade of colonel by  a  Special  Selection  Board  for  the
FY07 Air Force Reserve Line and Non-line Colonel Promotion Selection Board.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00435
in Executive Session on 15 May 2007, under the provisions of AFI 36-2603:

                       Mr. Michael V. Barbino, Panel Chair
                       Mr. Don H. Kendrick, Member
                       Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 12 Mar 07.
    Exhibit D.  Letter, Applicant, dated 4 Apr 07.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Mar 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

AFBCMR 2007-00435




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  XXXXXXXXXXXXXXXXX,  be  corrected  to  show  that  the  Officer
Performance Report (OPR),  AF Form  707A,  for  the  period  1 January  2006
through 28 July 2006, be, and  hereby  is,  amended  in  Section  VI,  Rater
Overall Assessment, and Section VII, Additional  Rater  Overall  Assessment,
to reflect signature dates of 30 September 2006.

      It is further recommended that  applicant’s  record,  to  include  the
corrected OPR for the period  1  January  2006  through  28  July  2006,  be
considered for promotion to the grade of  colonel  by  a  Special  Selection
Board for the Fiscal Year 2007 Air Force Reserve Line and  Non-line  Colonel
Promotion Selection Board.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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