RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02430
            INDEX CODE:  111.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her Officer Performance Report (OPR) rendered  for  the  period  of  16
October 2006 through 31 July 2007, be corrected to reflect that  it  was  a
matter of record prior to the P0507B Lieutenant Colonel (Lt Col)  promotion
board.

2.  Her  Promotion  Recommendation  Form  (PRF)  rendered  for  the  P0507B
promotion board be replaced with the PRF she provided.

________________________________________________________________

APPLICANT CONTENDS THAT:

The 31 July 2007 OPR was not in her record for the  November  2007  Lt  Col
promotion board.  Although the OPR was submitted for coordination in August
2007, the report was not finalized until 18 January 2008.   Since  the  OPR
was missing from her record,  it  had  a  substantial  impact  on  the  PRF
rendered for the P0507B promotion board; thereby, adversely  affecting  her
promotion opportunity.

In support of her request, the applicant provided a copy  of  AF  IMT  709,
Promotion Recommendation, a copy of the recommended IMT 709, AF  IMT  707A,
Field Grade Officer Performance Report (MAJ – COL)  and  several  reference
letters in support of her request.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the  Regular  Air  Force  on  11 December
1992, and was progressively promoted to the grade of major  having  assumed
that grade effective and with a date of rank of 1 June 2003.

The applicant has one non-selection to the grade of Lt Col  by  the  P0507B
(27 November 2007) Lt Col Central Selection Board (CSB).


The following is a resume of the applicant’s recent OPR profile:

         PERIOD ENDING      OVERALL EVALUATION

      31 Jul 07          MEETS STANDARDS (MS) – Referenced Report
      15 Oct 06          MS
      15 Oct 05          MS
      14 Dec 04          MS
      14 Dec 03          MS

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial.  DPSIDEP states the applicant’s OPR  closed
out on 31 July 2007, the board met in November 2007, and this report should
have been on file not later than 1 October  2007.   Unfortunately,  a  late
report does not make a report inaccurate and it does not  necessarily  make
the report unjust.  Although poorly justified there  are  legitimate  times
when an evaluation report may not make it to the record by the 60  calendar
day suspense.  She states that since the OPR was missing from her record, a
material error existed having a substantial impact on  her  PRF,  adversely
affecting her promotion.   DPSIDEP  disagrees  and  compared  her  old  PRF
against the new PRF and her OPRs and found no significant information  that
was not already available to the promotion board.  It appears the  PRF  was
reaccomplished not due to an error or injustice but to make  the  PRF  more
hard-hitting and to enhance her chances for promotion.  DPSIDEP opines that
the senior rater had this information available and may have included  this
information on the PRF.  Furthermore, she could have written  a  letter  to
the board to  bring  to  their  attention  any  information  she  felt  was
important.  The  purpose  of  the  appeal  system  is  not  to  enhance  an
applicant’s promotion potential but to correct errors and or injustices and
DPSIDEP finds neither in this case.  A report is not  erroneous  or  unfair
because she believes it contributed to a non-selection for promotion or may
impact future promotions or career opportunities.  DPSIDEP recognizes  that
non-selection for promotion for many is a traumatic event and the desire to
overturn that selection is  powerful  motivation  to  appeal.   The  simple
willingness by evaluators to upgrade, rewrite, or void a report  is  not  a
valid basis for  doing  so.   The  PRF  was  totally  rewritten  making  it
difficult to determine what information was and was not  available  to  the
promotion board.

The complete DPSIDEP evaluation is at Exhibit B.

AFPC/DPSOO recommends denial.   DPSOO  states  they  found  no  significant
information that was not available to the senior rater when he prepared the
original PRF.

The complete DPSOO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states since her PRF  did  not  contain  information
from her OPR a new PRF was written to reflect the information  in  the  OPR.
Her PRF was poorly written not because of  her  officership  or  ability  to
serve in a  higher  grade  but  because  Army  officers  did  not  have  the
knowledge to write the PRF to  maximize  her  accomplishments.   There  were
extenuating  circumstances  surrounding  the  preparation  of  her  PRF  and
certain disadvantages that inherently come with serving in a joint billet.

The complete response, with attachments, is attached at Exhibit E.

________________________________________________________________

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  partial  relief.   In  this
respect, the contested OPR closed  out  on  31  July  2007.   According  to
established policy, the OPR should have been finalized and made a matter of
record not later than 1 October 2007.  However, through  no  fault  of  the
applicant, the OPR was not  finalized  and  placed  in  her  records  until
January 2008.  Consequently, it is our opinion that the applicant may  have
been disadvantaged when the CY07B promotion board convened.   In  order  to
resolve any injustice  to  the  applicant,  we  recommend  her  records  be
corrected to reflect that the OPR  was  accepted  for  file  prior  to  the
convening  of  the  selection  board  and  that  she  receive  supplemental
consideration  for  promotion.   Notwithstanding  the  above,  we  are  not
persuaded by the evidence  presented  that  the  contested  PRF  should  be
replaced with a reaccomplished PRF.  In this regard, we agree with the  Air
Force offices of primary responsibility's assessment that evidence has  not
been provided showing that the proposed  reaccomplished  PRF  provides  new
information that was not available to the senior  rater  or  the  selection
board members.  Therefore, we adopt the rationale expressed  as  basis  for
our conclusion that she has failed to sustain her burden of  proof  of  the
existence of an error or injustice with respect to her PRF.  Accordingly we
recommend her records be corrected only to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

Pertinent military records of the Department of the Air Force relating  to
APPLICANT, be corrected to show:

a.  The AF  IMT  707A,  Field  Grade  Officer  Performance  Report  (OPR),
rendered for the period 16 October 2007 through 31 July 2007,  was  signed
by the rater in Section VI and the additional  rater  in  Section  VII  on
27 September 2007, and by the reviewer in  Section  VIII  on  28 September
2007.

b.  The OPR rendered for the period 16 October 2007 through 31 July  2007,
was accepted for file in her Officer Selection Record on 1 October 2007.

It is further recommended that the  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by  Special  Selection  Board
for the CY07B Central Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered BC-2008-02430  in  Executive
Session on 23 October 2008, under the provisions of AFI 36-2603:
                 Mr.  Thomas S. Markiewicz, Chair
                 Mr.  Elwood C. Lewis III, Member
                 Mr.  Kurt R. LaFrance, Member

All members voted to correct the records, as recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 June 2008, w/atchs.
   Exhibit B.  Letter, AFPC/DPSIDEP, dated 24 July 2008.
   Exhibit C.  Letter, AFPC/DPSOO, dated 12 August 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
   Exhibit E.  Letter, Applicant, dated 19 September 2008.




            THOMAS S. MARKIEWICZ
            Chair

AFBCMR 2008-02430




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:

            a.   The AF IMT 707A, Field Grade Officer Performance Report
(OPR), rendered for the period 16 October 2007 through 31 July 2007, was
signed by the rater in Section VI and the additional rater in Section VII
on 27 September 2007, and by the reviewer in Section VIII on 28 September
2007.

            b.  The OPR rendered for the period 16 October 2007 through
31 July 2007, was accepted for file in her Officer Selection Record on 1
October 2007.

      It is further directed that the corrected record be considered for
promotion to the grade of lieutenant colonel by Special Selection Board
for the CY07B Central Lieutenant Colonel Selection Board.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency