RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-03191
            INDEX CODE:  131.01
      xxxxxxxxxxxxxxxx COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period  30 Mar  07  to
29 Mar 08 be corrected to show the signature date of the reviewer and  ratee
one day before the Calendar Year 2008A  (CY08A)  Colonel  Central  Selection
Board (CSB) convened (12 May 08)  and  that  the  OPR  be  included  in  his
Officer Selection Record (OSR) for  consideration  by  a  Special  Selection
Board (SSB) for the CY08A Colonel CSB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in the promotion zone for colonel and his OPR closed out 29  Mar  08.
There was sufficient time to get his OPR in his records prior to  the  board
convening date.  In  accordance  with  AFI  36-2406,  Officer  and  Enlisted
Evaluation Systems, his OPR did not have to be in his records  until  29 May
08.  However, during his 20 plus years of active  duty  service  the  common
practice is to ensure the most current OPR is in the records  prior  to  the
promotion board.  Due to a demanding TDY schedule, his senior rater did  not
sign the OPR until 19 May 08.

In support of his request, applicant provides a copy of  the  contested  OPR
and a supporting letter  attesting  to  the  delay  of  the  senior  rater's
signature on the OPR.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active duty in the grade  of
lieutenant colonel, having assumed that grade effective and with a  date  of
rank of 1 Oct 03.   The  applicant  was  considered  but  not  selected  for
promotion to the grade of colonel by the CY08A CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial.   DPSIDEP  states  that  the  contested  OPR
reflects the dates the evaluators actually signed the OPR.  The  OPR  closed
out on 29 Mar 08 and IAW AFI 36-2406, the report was not required to  be  in
the records until 60 days after the close-out  date,  or  29  May  08.   The
AFPC/DPSIDEP complete evaluation is at Exhibit B.

HQ AFPC/DPSOO recommends denial.  DPSOO states that the 29 Mar  08  OPR  was
not required to be in the applicant's OSR until 29  May  08.   Allowing  the
inclusion of reports that were not required to be  in  the  OSR  to  be  the
basis for SSB consideration would be unfair to other officers, with  similar
circumstances, whose latest  reports  did  not  meet  the  board.   Eligible
officers meeting the board have the option to submit a letter to  the  board
president addressing any matter of record concerning  themselves  that  they
believe is important to their consideration for  promotion.   As  such,  the
applicant could have written a letter to the board  members  informing  them
of the accomplishments mentioned in his report.  He did  not  exercise  this
entitlement.  The AFPC/DPSOO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant restates his position that it  is  standard  practice  to  ensure
performance reports meet promotion boards.  With regard to writing a letter
to the promotion board, he did not see  his  OPR  until  he  electronically
signed it on 19 May, one week after the promotion board  convened.   If  he
had  written  a  memo  to  the  promotion  board  to  advise  them  of  his
accomplishments during the reporting period, he  believes  promotion  board
members would take his letter with a "grain of salt" since the  information
would not be corroborated.  The applicant's complete rebuttal is at Exhibit
D.

_________________________________________________________________

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 error or injustice.  In  this  respect,  the  OPR  in  question
closed out on 29 Mar 08 and according to the governing instruction, was  not
due for file in the applicant's records  until  29 May  08.   Therefore,  we
find no evidence of an error  in  this  case.   Absent,  evidence  from  his
rating chain indicating that it was their intent that the  OPR  be  included
in his CY08B selection record; and what  actions,  if  any,  were  taken  to
ensure the OPR was processed in a timely manner  for  consideration  by  the
CY08B board, we are not  persuaded  that  he  has  been  the  victim  of  an
injustice.  Accordingly, we agree with the opinions  and  recommendation  of
the Air Force offices of primary responsibility and  adopt  their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, absent evidence to  the  contrary,  we
find no basis  upon  which  to  recommend  favorable  consideration  of  the
applicant's request.

_________________________________________________________________

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 Docket Number BC-2008-03191
in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Anthony P. Reardon, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
03191 was considered:

    Exhibit A.  DD Form 149, dated 19 Aug 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDEP, dated 3 Dec 08.
    Exhibit C.  Letter, AFPC/DPSOO, dated 3 Dec 08
    Exhibit D.  Email, SAF/MRBR, dated 4 Dec 08.
    Exhibit E.  Email, Applicant, dated 8 Dec 08.




                                  GREGORY A. PARKER
                                             Panel Chair