RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-01896
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXX                    COUNSEL: NONE
                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 31 Oct 07 Officer Performance Report (OPR) be replaced with  a  Directed
by Headquarters (DBH) report with a closeout  date  of  30 Aug  07  and  his
record be considered by a Special Selection Board (SSB),  for  promotion  to
the  grade  of  lieutenant  colonel  by  the  Calendar  Year  2007B  (CY07B)
Lieutenant Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Per Military Personnel  Flight  Memorandum  07-41,  for  the  CY07B  Lt  Col
(LAF/LAF-J/CHAP/MSC), CY07B  Col  (CHAP/MSC),  and  CY07B  Maj  (CHAP/LAF-J)
Central Selection Boards, DBH Reports are required  for  once  deferred  APZ
eligibles who  were  considered  and  not  selected  for  promotion  by  the
previous selection board for the same grade and  have  not  had  an  OPR  or
Training Report (TR) since.  His rater was required  to  do  a  DBH  with  a
close-out date of 30 Aug 07 (60 days of supervision)  in  order  to  provide
the promotion board with new information since his  previous  non-selection.
The absence of this OPR materially detracted from the quality of his  record
that met the promotion board and, as a result, his record unfairly  competed
against other records.  Unaware  of  the  DBH  requirement,  his  rater  did
everything within his power to submit the OPR and PRF  in  a  timely  manner
for consideration by the Nov 07 promotion board.  He did  everything  within
his power to ensure his records were accurate and  complete  but  could  not
correct an error of which he was not aware.

In support of his request, the  applicant  provides  a  personal  statement,
supporting letters from his rater and additional  rater,  email  communiqué,
and other associated documents.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  major
having assumed that grade effective with a date of rank of 1  Oct  02.   The
applicant has two non-selections to the grade of lieutenant colonel  by  the
CY06C (28 Nov 06) and CY07B (27 Nov 07) CSBs.  The following is a resume  of
the applicant’s performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      11 Aug 01 (Capt)                       MS (MEETS STANDARDS)
      11 Aug 02                              MS
      11 Aug 03 (Major)                            MS
      11 Aug 04                              MS
      10 Jun 05                                    MS
      10 Jan 06                                    MS
      31 Oct 06                                    MS

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPSIDEP states that due to an electronic transmission error the Oct  07
report was removed for retransmission  and  was  no  longer  on  file.   The
"Directed by HAF" report closing out 29 Aug 07  has  since  been  submitted.
In the event the AFBCMR determines that any changes  must  be  made  to  the
evaluation report to make it eligible for an SSB, (for  instance  backdating
signature dates), the only recourse of action on the  electronic  (digitally
signed) version of the evaluation reports, is  to  have  the  entire  report
reaccomplished in "wet signature;" reaccomplished,  printed  and  physically
signed.  The complete DPSIDEP complete evaluation, with attachments,  is  at
Exhibit C.

AFPC/DPSOO recommends the AFBCMR adjust the signature dates on  the  29  Aug
07 OPR to reflect a date prior to the original 27  Nov  07  board  convening
date.  As stated in AFPC/DPSIDEP's  advisory,  the  entire  report  must  be
reaccomplished in  "wet  signature."   Subsequently,  DPSOO  recommends  SSB
consideration for the CY07B board with inclusion  of  the  corrected  report
filed in the applicant's OSR.   The  complete  AFPC/DPSOO  evaluation,  with
attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were sent to the applicant on  29  Aug
08 for review and comment within 30 days.  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 an error or injustice warranting corrective  action.   We  note
that the Air Force Offices of Primary Responsibility (OPRs) have  determined
the applicant's Officer Selection Record was in  error  when  considered  by
the CY07B selection board and have made recommendations for  corrections  to
his records.  Based on the corrections to his records,  we  agree  that  the
applicant should be considered for promotion to Lt Col by an  SSB  with  the
corrected record.  Therefore, we  recommend  his  records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that AF  Form  707,  Officer  Performance
Report (OPR), rendered for the period  1 November  2006  through  29  August
2007, was signed by the rater  in  Section  IV  on  20  November  2007,  the
additional rater in Section V on  21  November  2007,  by  the  reviewer  in
Section VI on 21 November 2007, and was accepted for  file  in  his  Officer
Selection Record on 23 November 2007.

It is further recommended  that  his  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by a  Special  Selection  Board
(SSB) for  the  Calendar  Year  2007B  (CY07B)  Lieutenant  Colonel  Central
Selection Board.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-01896
in Executive Session on 9 Oct 08 under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Gregory A. Parker, Member
      Mrs. Lea Gallogly, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for Docket Number BC-2008-01896 was considered:

      Exhibit A.  DD Form 149, dated 16 May 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPSIDEP, dated 16 Jul 08, w/atchs.
     Exhibit D.  Letter, AFPC/DPSOO, dated 6 Aug 08, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 29 Aug 08.




                                             JAMES W. RUSSELL III
                                             Panel Chair

AFBCMR BC-2008-01896


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 XXXXXXXXXXXXXXXXXXXX, be corrected to show that AF Form 707,
Officer Performance Report (OPR), rendered for the period 1 November 2006
through 29 August 2007, was signed by the rater in Section IV on 20
November 2007, the additional rater in Section V on 21 November 2007, by
the reviewer in Section VI on 21 November 2007, and was accepted for file
in his Officer Selection Record on 23 November 2007.

      It is further directed that his corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection Board
(SSB) for the Calendar Year 2007B (CY07B) Lieutenant Colonel Central
Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency