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AF | BCMR | CY2008 | BC-2007-03263
Original file (BC-2007-03263.doc) Auto-classification: Denied

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Her mandatory retirement be rescinded and she be  considered  for  promotion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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