RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02768
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Mar 09, 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted Special Selection Board (SSB) consideration by the LO307B
Reduction in Force (RIF) Board with the inclusion of his AF IMT 707B,
Company Grade Officer Performance Report (OPR) (2Lt thru Capt), ending 20
May 07, in his Officer Selection Record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His 20 May 07 OPR was not in his records when it met the L0307B RIF Board
due to his deployment to Iraq and neglect from his losing military
personnel flight (MPF) at Aviano AB.
He believes his dismissal from the Air Force is unjust and if the board had
seen the report he would have been selected for retention.
The RIF Board was also unaware that he was hand selected to lead the
Maintenance Division Team for his MAJCOM/IG, which he is currently serving
until his separation in Jan 08.
In support of his request, the applicant provided a copy of his OPR closing
20 May 07.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the active duty Air Force on 14 Jun 01 and is
currently serving in the grade of captain.
A resume of his OPR file follows:
REPORT ENDING OVERALL RATING
13 Jun 02 Meets Standards
13 Jun 03 Meets Standards
13 Jun 04 Meets Standards
19 May 05 Meets Standards
20 May 06 Meets Standards
*20 May 07 Meets Standards
*Report not on file for the L0307B RIF Board.
The applicant’s OER closing-out 20 May 07 was signed by his entire rating
chain on 4 Jun 07.
On 11 Jun 07, the applicant was not selected for retention by the L0307B
RIF Board.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOO recommends denial of the applicant’s request. According to
AFI 36-2406, Officer and Enlisted Evaluation Systems, paragraph 3.8.5.6,
OPRs on EAD officers are due to HQ AFPC no later than 60 days following the
closeout date of the report. The applicant’s report was not required to be
on file until 20 Jul 07. 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 RIF process. Furthermore, there
is no supporting documentation from the applicant’s rating chain indicating
their desire to expedite the processing of the 20 May 07 OPR so that it
could arrive in time to be reviewed by the L0307B RIF Board. The OPR has
been filed in his OSR.
The complete HQ AFPC/DPSOO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Oct
07 for review and comment within 30 days. An email request for comments
was sent to the applicant on 30 Oct 07 and on 31 Oct 07 the applicant
responded stating he would not provide comments (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. The applicant contends the missing OPR on
his OSB had an adverse impact on the review of his records for the L0307B
RIF Board. We note that although the applicant’s OPR was completed prior
to the RIF Board, it was not required to be on file until 20 Jul 07. Since
many eligible officers fell into this predicament, it would be unfair to
provide the applicant relief not available to others similarly situated.
The Board also noted the applicant did not provide support from his rating
chain indicating efforts were made to ensure the OPR was accepted for file
prior to the RIF Board convening date. Therefore, in the absence of
evidence to the contrary, the Board finds 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
considered upon the submission of newly discovered relevant evidence.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-02768
in Executive Session on 8 November 2007, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Teri G. Spoutz, Member
_________________________________________________________________
The following documentary evidence pertaining to Docket Number BC-2007-
02768 was considered:
Exhibit A. DD Form 149, w/atchs, dated 22 Aug 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPSOO Memorandum, dated 20 Sep 07.
Exhibit D. SAF/MRBR Letter, dated 12 Oct 07.
Exhibit E. AFBCMR E-mail, dated 31 Oct 07, w/Applicant’s
Response.
LAURENCE M. GRONER
Panel Chair
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