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AF | BCMR | CY2008 | BC-2007-03270
Original file (BC-2007-03270.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03270
            INDEX CODE:  136.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR)  rendered  for  the  period  1 June
2006 through 31 May 2007 be included in his selection  record  prepared  for
the U0508A (FY08 Line and Health  Professions  Lieutenant  Colonel  Position
Vacancy Promotion Selection Board).

2.  He be considered for promotion to the grade  of  lieutenant  colonel  by
the U0508A board by a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

IAW AFI 36-2504, paragraph 9.2.3.2, an SSB may be granted if the  board  did
not consider  material  information  that  should  have  been  available  in
compliance with pertinent Air Force directives and policies.   His  OPR  did
not make it  to  file  prior  to  the  convening  of  the  promotion  board;
therefore, his record was  incomplete  and  unjustly  portrayed  his  career
performance  and  accomplishments.   Specifically,  his   record   did   not
illustrate  his  performance  while  already  fulfilling  the   duties   and
responsibilities of a lieutenant colonel for the years preceding the board.

In support of his request, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
major having assumed that grade effective and with a date of rank  (DOR)  of
1 October 2001.

The applicant was considered and not selected  for  promotion  by  the  FY08
Line  and  Health  Professions  Lieutenant  Colonel  Position  Vacancy  (PV)
Selection Board, which convened on 11 June 2007.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  DPB states the OPR in question closed  31  May
2007; was signed by the rater 31 May 2007, by the additional  rater  6  June
2007, and by the reviewer 26 June 2007.  It was placed  in  his  OSR  on  10
July 2007.

AFI 36-2406, Officer and Enlisted  Evaluation  Systems,  paragraph  3.8.5.7,
states OPRs are due to the Military Personnel Flight (MPF)  not  later  than
60 days after the close-out date, and due to HQ ARPC (for placement  in  the
OSR) not later than 90 days after the close-out date.  The OPR  in  question
was due for on-time placement in the OSR NLT 29 August 2007.   The  OPR  was
therefore not late; it was placed in the OSR prior to  the  29  August  2007
deadline.   The  promotion  board  had  all  required  information  when  it
considered the applicant’s record for promotion.  Therefore,  the  applicant
was not wronged or treated unjustly.

DPB’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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  injustice.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, it is  our  opinion  that
relief is not warranted in this case and  the  applicant  has  not  provided
evidence which would lead us to  believe  otherwise.   His  contentions  are
duly noted; however, in our opinion the comments provided by the  office  of
primary   responsibility   (OPR)   adequately   address   his   allegations.
Therefore, we are in agreement with the comments and recommendation  of  the
OPR and adopt  its  rationale  as  the  basis  for  our  decision  that  the
applicant has not been the victim of either an error or injustice.  In  view
of the above and in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

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 DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an 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-
03270 in Executive Session on 18 December 2007, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 September 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 5 November 2007, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 9 November 2007.




                 MICHAEL J. NOVEL
                 Panel Chair

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