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AF | BCMR | CY2008 | BC-2008-00482
Original file (BC-2008-00482.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00482
            INDEX CODE:  131.10
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His non-selection to major be removed from his records and  not  counted  as
one of his two promotion opportunities.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His non-selection for promotion to major in Feb 07 is  in  error.   A  major
component of his officer selection record  for  the  FY08  Line  and  Health
Professions Major (Participating) Promotion Selection Board was his  officer
performance report (OPR) with the  31  Oct  06  close-out  date.   His  then
deployed supervisor reportedly refused to  sign  the  OPR  despite  requests
from his acting replacement.  By the time a  change  of  reporting  official
(CRO) action was accomplished, the promotion board  had  convened  and  non-
selected him.

The required signatures for the OPR  were  not  accomplished  until  Aug  07
(nine months late and six months past the promotion board).

In support of his request, the applicant provided a copy of his OPR  closing
out 31 Oct 06.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered and non-selected by the FY08  Line  and  Health
Professions Major (Participating) Promotion Selection Board  which  convened
on 12 Feb 07.

His OPR which closed-out 31 Oct 06  was  not  received  for  file  into  his
officer selection record (OSR) until 10 Sep 07.

_________________________________________________________________




AIR FORCE EVALUATION:

HQ ARPC/DPB recommends denial  of  the  applicant’s  request  for  the  non-
selection  to  “not  count.”   The  applicant  did  compete  for  promotion;
however, his  record  was  incomplete  at  the  time  of  the  board.    DPB
recommends the signature dates of the OPR for the rater, additional   rater,
and  reviewer be  changed  to  27  Jan  07,  28  Jan  07,  and  29  Jan  07,
respectively.  Once the signature  dates  are  corrected  to  reflect  dates
prior to the promotion board, the applicant  will  be  entitled  to  special
selection board (SSB) consideration in lieu  of  the  FY08  Major  Promotion
Selection Board.  DPB states they will award SSB based on the correction  of
the signature dates on the OPR.

The complete HQ 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  Mar
08 for review and comment within 30 days (Exhibit  C).   As  of  this  date,
this office has not received a 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  The OPR was required  to  be  on  file  no
later than 29 Jan 07, 90 days after the close-out of the report but was  not
filed until 10 Sep 07.  We find that through no fault of the applicant,  his
record was incomplete when he was considered by the  FY08  Line  and  Health
Professions  Major  (Participating)  Promotion   Selection    Board,   which
convened on 12 Feb 07.  Therefore, to preclude any further injustice to  the
applicant, we concur with  the  recommendation  of  the  office  of  primary
responsibility and adopt its  rationale  as  the  basis  for  our  decision.
Accordingly, we recommend the applicant’s records be corrected as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  the  Company  Grade   Officer
Performance Report (2Lt thru Capt), AF IMT 707B, rendered for the  period  1
November 2005 through 31 October 2006, was signed by the  rater  in  Section
VI on 27 January 2007, the additional rater in Section  VII  on  28  January
2007, and the reviewer in Section VIII on 29 January 2007.

It is further recommended that he be considered for promotion to  the  grade
of major by a Special Selection Board (SSB) for the Fiscal Year 2008  (FY08)
Line and  Health  Professions  Major  (Participating)  Promotion   Selection
Board.

_________________________________________________________________

The following members of the Board considered Docket  Number  2008-00482  in
Executive Session on 7 May 08, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Lea Gallogly, Member
      Ms. Glenda H. Scheiner, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered for Docket Number BC-2008-00482:

     Exhibit A.  DD Form 149, w/atchs, dated 29 Jan 08.
     Exhibit B.  Memorandum, HQ ARPC/DPB, dated 27 Feb 08.
     Exhibit C.  Letter, SAF/MRBR, dated 7 Mar 08.



                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2008-00482




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, be corrected to show that the Company Grade Officer
Performance Report (2Lt thru Capt), AF IMT 707B, rendered for the period 1
November 2005 through 31 October 2006, was signed by the rater in Section
VI on 27 January 2007, the additional rater in Section VII on 28 January
2007, and the reviewer in Section VIII on 29 January 2007.

      It is further directed that he be considered for promotion to the
grade of major by a Special Selection Board (SSB) for the Fiscal Year 2008
(FY08) Line and Health Professions Major (Participating) Promotion
Selection Board.



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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