RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03263
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her mandatory retirement be rescinded and she be considered for promotion
to the grade of major by the Fiscal Year 2005 (FY05)and FY06 Major Line and
Health Professions Promotion Boards.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her last two Officer Performance Reports (OPRs) were missing from her
record at the time of the boards' review.
In support of her application, she submitted a personal statement, a letter
of commendation, copies of her OPRs and documentation associated with her
promotion deferral.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was considered and not selected for promotion to the grade of
major by the FY05 and FY06 Major Line and Health Professions Promotion
Boards, which convened on 9 Feb 04 and 7 Feb 05, respectively.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends the requested relief be denied. DPB states the OPR
closing 26 Feb 03 was the top document in her OSR and was considered
current for the FY05 board. However, it was not considered current for the
FY06 board. The report which closed on 26 Feb 04 was a referral report;
and due to the additional administrative steps required to process the
report as a referral, it was not signed until 27 Jul 05, well after the
FY06 major board convened. The report closing on 26 Feb 05, closed out
after the FY06 board convened and could not have been in the applicant’s
OSR for the board’s review.
The complete ARPC/DPB 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 7 Dec
07 for review and comment within 30 days. 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. Applicant’s contentions are duly
noted; however, after a thorough review of the evidence of record it
appears that the OPRs in question were not a matter of record at the time
of the selection boards under review and were not required to be on file in
the applicants OSR. Accordingly, 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 persuasive evidence has
not been presented showing she was denied an opportunity to compete for
promotion on a fair and equitable basis. 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 AFBCMR Docket Number BC-2007-
03263 in Executive Session on 13 Feb 08, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Barbara J. Barger, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered under Docket Number BC-
2007-03263:
Exhibit A. DD Form 149, dated 30 Sep 07, w/atchs.
Exhibit B. Letter, HQ ARPC/DPB, not dated.
Exhibit C. Letter, SAF/MRBR, dated 7 Dec 07.
JAMES W. RUSSELL III
Panel Chair
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