RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01219
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  21 OCT 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade  of  major  by  Special
Selection Board (SSB) for the CY06B Major Central  Selection  Board
(11 Sep 06) (P0406B) with  his  Officer  Performance  Report  (OPR)
closing 4 Sep 06 included in his officer selection record (OSR), or
afforded the  opportunity  to  submit  a  letter  for  the  board’s
consideration.

___________________________________________________________________

APPLICANT CONTENDS THAT:

By not having his OPR closing 4 Sep 06 in his promotion record,  he
believes valuable information was left out of the  decision  making
process for his promotion  consideration  to  major.   Based  on  a
review of his records, he  believes  he  was  passed  over  due  to
material applicable information not being available for review  and
the impact of circumstances beyond his control.

In Mar 02, while stationed at Davis-Monthan AFB,  after  completing
pilot training, he became ill and  was  diagnosed  with  Ulcerative
Colitis.  He was placed in  (Code  C)  CONUS  restricted  and  non-
deployable.  In Jul 02, he was  promoted  to  captain;  two  months
later, his illness was the impetus for a premature assignment to  a
non-deployable position at  Sheppard  AFB,  as  a  T-37  Instructor
Pilot.  He worked as a  Pilot  Instructor  Training  (PIT)  student
until May 03.  Then, he transitioned to the flight-line as a  full-
up flight instructor until Sep 04.  In Sep 04, he was moved to  the
position of Assistant Chief of Wing Scheduling.   From  Jul  05  to
Jul 06,   applicant   served   as   Chief   of   Wing   Scheduling;
unfortunately, the 4 Sep 06 OPR reflecting this information did not
make it into his promotion folder prior to the promotion board.

In support of his appeal, applicant submitted  a  letter  from  the
Assistant Director of Operations; a personal statement; a  copy  of
the OPR closing 4 Sep 06, and additional email correspondence.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the grade of captain, with an
effective date and date of rank (DOR) of 11 Jul  02,  with  a  Duty
Title of Chief, Wing Scheduling/T-37 Instructor Pilot.

Applicant was nonselected for promotion by the CY06B Major  Central
Selection Board which convened on 11 Sep 06.

Applicant's OPR  profile  for  the  last  eight  reporting  periods
follows:

      PERIOD ENDING    OVERALL EVALUATION

      01 Jun 99  Meets Standards (MS)
      28 Jul 00  Training Report (TR)
      21 Aug 01  TR
      21 Aug 02  MS
      06 May 03  TR
      04 Sep 03  MS
      26 Mar 04  TR
      04 Sep 04  MS
*     04 Sep 05  MS
#     04 Sep 06  MS

* Top report on file when considered and nonselected for  promotion
by the CY06B Major Selection Board, which convened on 11 Sep 06.

# Contested report  -  the  report  was  signed  by  the  rater  on
5 Oct 06, additional rater  on  5  Oct  06,  and  the  reviewer  on
6 Oct 06.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed  this  application  and  recommended  denial
stating, in part, the absence of the report was not an error  since
it was not required to be filed in  his  officer  selection  record
(OSR) until 4 Nov 06 (two months after the close out  date  of  the
report), and after the  convening  of  the  P0406B  CSB.   However,
officers  being  considered  by  promotion  boards  have  different
closeout dates for their performance  reports.   For  this  reason,
they rely on  AFI  36-2406,  Para  3.8.5.6,  Officer  and  Enlisted
Evaluation Systems, which states that OPRs on EAD officers are  due
at HQ AFPC no later than 60 days following closeout of the  report.
The applicant’s OPR that closed out on 4 Sep 06 was not required to
be on file until 4 Nov 06.  Furthermore, the evaluators signed  the
report after the 11 Sep 06 board convening date, thus,  the  report
would not have been a matter of record for the P0406B  CSB.   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.   Promotion
reconsideration based on this issue is opposed.

Additionally, eligible officers meeting CSBs are given instructions
prior  to  the  board  to  carefully  examine  their   record   for
completeness and accuracy.   These  instructions  also  inform  the
officer that they may correspond by letter to the  board  president
to call attention to any matter of record concerning them that they
believe important to their  consideration.   Applicant  could  have
used  this  means  to   inform   the   board   president   of   his
accomplishments; however, he did not exercise this entitlement.

HQ AFPC/DPPPO’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and  believes  it  is
unfair to not have all the relevant information that pertains to an
officer’s career not considered, especially when cutoff  dates  are
so close to the board convening dates.  He was  not  aware  of  his
entitlement to submit a letter to the board and after checking with
other individuals, it appears everyone was  pretty  unclear  as  to
what it meant and what type of letter should be written.  Applicant
provided a letter for SSB consideration.

In support of his appeal, applicant provided a personal  statement;
a copy of a letter for SSB consideration, and a copy of his  report
closing 4 Sep 06.

Applicant’s complete response, with attachments, 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  Applicant requests his OPR closing 4 Sep  06  be  considered
for promotion to the grade of major by  SSB  for  the  CY06B  Major
Central Selection Board.  The Board noted in accordance with AFI 36-
2406, para 3.8.5.6., officer performance reports on extended active
duty officers are due to HQ AFPC no later than  60  days  following
closeout of the report.  Applicant’s evaluators signed  the  report
after the 11 Sep 06 board convening date, thus the report was not a
matter of record for the CY06B CSB.  The Chief,  Officer  Promotion
Management has addressed the issues presented by the applicant  and
we are  in  agreement  with  her  opinion  and  recommendation  and
conclude that the applicant has not been the victim of an error  or
injustice.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought
in this application.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2007-01219 in Executive Session  on  26  July  2007,  under  the
provisions of AFI 36-2603:

      B. J. White-Olson, Panel Chair
      Ms. Josephine L. Davis, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPO, dated 14 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 18 May 07.
    Exhibit E.  Letter, Applicant, dated 4 Jun 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair