RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2007-01308
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXX                    COUNSEL: NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  4 November 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be reconsidered by a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2006C (CY06C) (P0506C) (28  Nov  06)  Lieutenant  Colonel  (Lt
Col) Central Selection Board (CSB) with a revised  Promotion  Recommendation
Form (PRF).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer  Performance  Report  (OPR)  was  due  the  same  month  as  the
promotion board was to convene so he requested a commander-directed  OPR  so
information would be available for consideration  by  the  promotion  board.
He submitted the pertinent information  to  his  chain-of-command;  however,
due to personnel  changes,  the  OPR  was  not  completed.   The  additional
information  would  have  significantly  contributed  to  his  chances   for
promotion.  When he discovered the OPR had not  been  accomplished,  he  had
insufficient time to react.

In support of his application, the applicant provides  copies  of  his  OPRs
closing 20 November 2005 and 20 November 2006; and his PRF  for  the  P0506C
board.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system, the applicant is  currently
serving on active duty with a Total Active Federal Military Service Date  of
18 November 1993 and a Total Active Federal Commissioned Service Date  of  6
April 1994.  His current grade is major with an effective date  and  a  date
of rank of 1 February 2003.  The following is a resume  of  the  applicant’s
performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      26 Jun 99 (Capt)                        MS
      20 Apr 00                                    MS
      26 May 00                    Training Report (TR)
      20 Apr 01                                    MS
      20 Apr 02                                    MS
      20 Apr 03 (Major)                            MS
      20 Apr 04                                    MS
      20 Nov 04                                    MS
      20 Nov 05                                    MS
      20 Nov 06                                    MS


The applicant has one nonselection to the grade of Lt Col by the CY06C  CSB.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denying the applicant’s request.   DPPPE  states  that
the applicant’s request for a Commander-Directed OPR  is  inconsistent  with
Air Force policy.   Air  Force  Instruction  (AFI)  36-2406  indicates  “the
commander may direct a report for significant duty improvement only  if  the
previous report was referred or if a member is placed into record status  6,
deserter status.”  Ratees cannot request a  commander  directed  evaluation.
DPPPE states neither of the scenarios provided for in  the  AFI  applies  to
the applicant’s situation; therefore, the applicant was  not  authorized  to
have a commander-directed evaluation.

DPPPE states AFI 36-2406, paragraph 8.1.4.1.2, indicates  the  Senior  Rater
“May request subordinate supervisors provide  information  on  an  officer’s
most recent duty performance and performance-based  potential  and  may  ask
for  suggestions  based  upon  the  officer’s  duty  performance   for   PRF
recommendations.”  Paragraph 8.3.2.5.2 indicates “In  all  cases,  a  Senior
Rater has the final authority to determine the content of  the  PRFs  he  or
she prepares.”  It is DPPPE’s opinion that with the absence of support  form
the Senior Rater, it appears the Senior Rater did have the knowledge of  the
applicant’s most recent performance as the  Senior  Rater  also  signed  the
OPR.

DPPPE states the applicant does  not  have  Senior  Rater  justification  on
changes to the PRF as required by AFI 36-2401, an OPR was  not  required  to
be completed prior to the PRF being accomplished nor prior to the  CSB,  and
a commander-directed OPR was not  authorized  solely  for  the  purposes  of
gaining a perceived promotion advantage.

Based  on  the  DPPPE  recommendation,  the   Chief,   Officer   Promotions,
Appointments, and Selective continuation Branch (AFPC/DPPPO) finds no  basis
to grant SSB consideration for the CY06C CSB.

The DPPPE evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  20
June 2007 for review and response within 30 days (Exhibit C).   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 an error or an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  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.

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 issues involved.   Therefore,  the  request  for  a
hearing 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 9 August 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Terri G. Spoutz, Member
            Ms. Sharon B. Seymour, Member

The following documentary evidence for AFBCMR Docket Number
BC-2007-01308 was considered:

      Exhibit A.  DD Form 149, dated 23 Apr 07, with atchs.
      Exhibit B.  Letter, AFPC/DPPPE, dated 6 Jun 07.
      Exhibit C.  Letter, SAF/MRBR, dated 20 Jun 07.




                             MICHAEL K. GALLOGLY
                                             Panel Chair