RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02407
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  record  be  corrected  to  show  Special  Selection  Board  (SSB)
consideration by the L0407A (11 June 2007) Reduction  In  Force  (RIF)
Board with inclusion of his 25 May  2007  Officer  Performance  Report
(OPR) and Meritorious Service Medal with one oak  leaf  cluster  (MSM,
w/1OLC) citation in his Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record, as it met the RIF Board, did not have the most recent  OPR
(closed 25 May / signed 29 May 2007) and was also missing the citation
from the latest MSM (1OLC) dated 18 April 2007.  Consequently, he asks
that the RIF Board’s  decision  be  reversed  and  he  be  allowed  to
continue to serve on active  duty.   He  notes  his  current  date  of
separation (DOS) is 30 June 2008.  He believes  the  omission  of  the
above OPR and MSM were  critical  and  led  to  the  RIF  Boards  non-
selection decision.  He states while hindsight is 20/20,  the  process
should have ensured critical records  such  as  OPRs  and  awards  and
decorations were captured for all personnel prior to  the  Board.   It
seems reasonable to expect the system to account for OPRs  and  awards
and decorations accomplished in late April/May 2007.   He  requests  a
records review against  the  1995  year  group  with  the  MSM  (1OLC)
citation and his latest OPR that  closed  on  25  May.   If,  after  a
records review with the records included is  accomplished  and  it  is
determined that the RIF result is the same, he can  carry  on  knowing
the Air Force has made a conscious decision and not a  decision  based
on a critical error.

In support of his appeal, the applicant has  provided  copies  of  the
affected OPR and the MSM (1OLC) citation,  a  part  of  his  personnel
record and email communications.

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

_________________________________________________________________




STATEMENT OF FACTS:

Applicant was appointed in the Regular Air Force on 15 June 1995.   He
has been  progressively  promoted  to  the  grade  of  major  with  an
effective and date of rank (DOR) of 1 October 2005.  On 11 June  2007,
he met the L0407A RIF Board and was not selected for retention in  the
Air Force.  He is currently serving on extended active  duty  and  has
over 12 years of active service.  His date of separation (DOS)  is  30
June 2008.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO agrees with his contention that his MSM (1OLC) should  have
been included in his OSR for the RIF board.  DPSOO states the citation
should have been put in his record not later  than  30 days  from  the
date of the special order.  Since the orders for the MSM  (1OLC)  were
published on 9 April 2007, the citation should have been in record  no
later than 9 May 2007.  The board met on 11 June 2007.  In regards  to
his OPR, DPPSO states his  OPR  was  handled  correctly  and  was  not
required to be on file with AFPC until 24 July 2007.   Further,  DPSOO
notes there is no  supporting  documentation  from  his  rating  chain
indicating their desire to expedite the processing of his 25 May  2007
OPR so it could arrive in time to be reviewed by the RIF  Board.   The
OPR was  filed  in  his  OSR  on  7  August  2007.   Therefore,  DPSOO
recommends the AFBCMR grant SSB consideration with  inclusion  of  the
MSM (1OLC) citation in his OSR and denial of his request for inclusion
of his 25 May 2007 OPR.

DPSOO’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states  that  not  to  include  the  OPR  in  question,  as
AFPC/DPSOO recommends in its advisory for the Air Force, would  leave
a gap in his record of performance and ignores the hard-earned MAJCOM
Annual Award in 2006 as well as the seldom  given  stratification  of
top 1% of officers from  his  supervisor  and  senior  rater.   These
stratifications were not on the April Retention  Recommendation  Form
(RRF).  He states the OPR was signed by his senior rater on 29 May  –
well before the due date established by  DPSOO.   Not  including  his
25 May 2007 OPR assumes that no other officers who met the board  had
their latest OPR, closed after  11  April  2007,  included  in  their
records before the RIF board met on 11 June 2007.  Any  OPR’s  closed
after this date would not be due to  AFPC  until  60 days  later,  or
after the board start date of 11  June  2007.   If  OPRs  after  this
closeout date were permitted, then it is unfair not to allow his  OPR
to compete at the SSB.  Further, there was/is an expectation that the
personnel system would have flagged this OPR and decoration  citation
for the board’s review based on the closeout date of 25 May since  it
is two weeks out from the RIF board date of 10 June 2007.  If  AFPC’s
initial intention was to omit any OPRs signed after  11  April  2007,
then the  RIF  instructions  should  have  explicitly  detailed  this
assertion.    This   may   have   forced   senior   raters   to   add
comments/stratification that were not on  prior  OPRs/decorations  to
capture the gap in performance since the last OPR was done – omitting
almost 11 months of his outstanding performance.  In addition to  not
having  his  strongest  OPR  and  latest  decoration   citation   for
review/consideration he submits the RIF board was  unaware  he  is  a
sitting Squadron Commander, as of 8 June 2007,  at  the  8th  Fighter
Wing, Kunsan Air Base, Republic of Korea.  He requests  the  AFBCMR’s
expedited consideration for the November 2007 SSB in order for him to
meet follow-on assignment timelines in January 2008.

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 error or injustice.  After considerable review of all the
evidence presented, we are of the opinion the  applicant  should  meet
the L0407A Special Selection Board (SSB) with both his 25 May 2007 OPR
and his MSM (w/1OLC) included  in  his  application.   The  Air  Force
office of primary responsibility has recommended that he be allowed to
meet an SSB with only the inclusion of his MSM.  However, since we are
in receipt of a letter from his rater indicating  it  was  his  intent
that the OPR be made available to RIF board members; it is our opinion
that the 25 May 2007 OPR should be included as  well.   Therefore,  we
recommend that the records be corrected as indicated below.

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 issue involved.  Therefore,
the request for a hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a. The AF IMT  707A,  Field  Grade  Officer  Performance  Report
rendered for the period 6 July 2006 through 25 May 2007, was  accepted
for file in his Officer Selection Record on 1 June 2007.

      b. The  Meritorious  Service  Medal,  first  oak  leaf  cluster,
awarded for the period 29 May 2004 through 1 May  2007,  was  accepted
for file in his Officer Selection Record on 1 June 2007.

It is further recommended that the corrected record be considered for
retention by a Special Selection Board for the  LO407A  Reduction  in
Force Board.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02407  in  Executive  Session  on  1  November  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Debra K. Walker, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 July 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOO, dated 30 August 2007.
    Exhibit C.  Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D.  Letter, Applicant, dated 17 Sep 07, w/atch.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2007-02407




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 APPLICANT, be corrected to show that:

            a. The AF IMT 707A, Field Grade Officer Performance Report
rendered for the period 6 July 2006 through 25 May 2007, was accepted
for file in his Officer Selection Record on 1 June 2007.

            b. The Meritorious Service Medal, first oak leaf cluster,
awarded for the period 29 May 2004 through 1 May 2007, was accepted
for file in his Officer Selection Record on 1 June 2007.

      It is further directed that the corrected record be considered
for retention by a Special Selection Board for the LO407A Reduction
in Force Board.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency