RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-03144
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 APRIL 2009

________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for retention in the  Air  Force  by  a  Special  Selection
Board (SSB) for the Fiscal Year 2007 (FY07) Reduction in Force (RIF) Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he was notified he was meeting  the  RIF  Board,  he  was  deployed  to
Afghanistan for 365 days.  Because he was geographically separated from  his
unit and assigned to an Army orderly room, it was difficult  processing  his
package.  After his deployment, he was notified his  package  was  submitted
without his review.  Upon receiving his as met  record,  he  discovered  the
information from his deployment was not included in his records.

In support of his request, the applicant provided a copy of his  orders;  AF
Form 707a, Field Grade Officer Performance Report;  his  Bronze  Star  Medal
certificate; computer printout documenting his joint service  credit  and  a
letter of support from his supervisor in Afghanistan.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force on 3  May  1996  and
was progressively promoted to the grade of major.

The applicant was on a temporary duty (TDY) assignment to  Afghanistan  from
approximately 30 June 2006 to 1 June 2007.  He was awarded the  Bronze  Star
Medal (BSM) with inclusive dates 30 June  2006  through  1  June  2007.   He
received an Officer Performance Report (OPR) for the  period  16  July  2006
thru 1 June 2007.  The report was finalized (signed) on 21 June 2007.

The applicant was considered by the L0407A Officer Reduction in Force  (RIF)
Board which convened on 11 June 2007.  He was not selected for retention  by
the board and must separate from the Air  Force  not  later  than  (NLT)  29
January 2008.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO  recommends  denial.   DPSOO  states  AFI  36-2406,  Officer  and
Enlisted Evaluation Systems, para 3.8.5.6 states  OPRs  on  extended  active
duty (EAD) officers are due at HQ AFPC no later than 60 days  following  the
closeout of the report.  The report was not required to  be  filed  until  1
August 2007.  Since many 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 his rating chain indicating their desire to expedite  the
processing of the 1 June 2007 OPR so that it could  arrive  in  time  to  be
reviewed by the L0407A  RIF  board.   The  OPR  was  filed  in  his  Officer
Selection Record (OSR) on 3 August  2007.   With  regards  to  the  BSM,  in
accordance  with  published  guidance,  the   decoration   award   authority
announces its final decision when approving an award by  publishing  special
orders.  As such, once the  special  order  is  accomplished,  the  citation
should be placed in the officer's OSR no later than 30 days  from  the  date
of the special order.  Since the BSM (Basic) was approved  on  1 June  2007,
the citation should have been filed in his OSR not later than 1  July  2007.
Therefore, it was not  mandatory  that  this  decoration  be  available  for
review by the L0407A RIF  Board.   Additionally,  the  applicant  states  he
wished  to  submit  a  letter  of  recommendation  from  his  supervisor  in
Afghanistan.  This letter cannot be included as  part  of  any  supplemental
consideration as it references  his  non-selection  for  retention.   Beyond
that, eligible officers meeting a board have the option to submit  a  letter
to  the  board  president  addressing  any  matters  of  record   concerning
themselves that  they  believe  is  important  to  their  consideration  for
retention.  As such, the applicant could have written a letter to the  board
members including his deployment information and any supporting  letters  or
recommendation.  DPSOO has verified that he did not elect to  exercise  this
entitlement.  The time to submit a letter to  the  board  is  prior  to  its
convening, not after is has determined nonselection for retention.

The complete DPSOO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating he was assigned to a joint unit and  working
his issues through his deployed orderly room run by the Army  was  extremely
challenging.  He only asks that he receive  a  fair  shake  and  his  entire
record be considered prior  to  making  a  determination  for  retention  or
separation.

The applicant's complete response 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 an error or 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.


________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate  the
existence of material  error  or  injustice;  the  application  was  denied
without  a  personal  appearance;  and  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-
03144 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 AFBCMR  Docket  Number  BC-
2007-03144 was considered:

    Exhibit A.  DD Form 149, dated 25 September 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOO, dated 11 October 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 12 October 2007.
    Exhibit E.  Letter, Applicant, dated 30 October 2007.





                                   LAURENCE M. GRONER
                                   Panel Chair