RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04126
            INDEX CODE:  136.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His record be considered by the Calendar Year 2008A (CY08A) Colonel
Central Selection Board (CSB) (P0608A) (12 May 08) with his Officer
Performance Report (OPR) rendered for  the  period  of  11  Jul  07
through 1 May 08,  along  with  his  Letter  of  Evaluation  (LOE),
rendered for the period of 19 Mar 06 through 23 Jun 06, included in
his Officer Selection Record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

A mandatory LOE  rendered  for  his  time  serving  as  a  deployed
commander and an OPR for a change of reporting official  (CRO)  was
missing from his record, when  he  was  considered  for  the  CY08A
Colonel CSB.  Without the LOE, there is no record of him serving in
a command billet and his OPR shows no command time.   The  LOE  was
misplaced and could not be found until the group commander directed
that it be located; however, by that time  the  board  had  already
convened.  Additionally,  without  the  OPR  his  record  does  not
reflect his service as a division chief and director of a  numbered
Air Force commander’s action group.

In support of his appeal, the  applicant  submits  a  copy  of  the
missing LOE and the OPR.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was promoted to the rank of lieutenant  colonel  with
an effective date and date of rank (DOR) of 1 May 2003.   His  most
recent Officer Selection Brief (OSB)  reflects  in  the  Assignment
History section a duty title of Director,  CAG/A9  Div.,  effective
8 Jan 07; Dep. IO Div Chief, effective 14 Feb 05, and Asst. Dir. of
Operations/EC-130 MCC, effective 28 Nov 05.

He was non-selected to the grade of colonel by the CY08A CSB, which
convened on 12 May 08.  The contested OPR was closed out 1  May  08
and not signed by the rater until 10 Oct 08.

Applicant's  OPR  profile  for  the  last  ten  reporting  periods,
including two training reports follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                 04 Jun 99   Meets Standards (MS)
                 04 Jun 00                MS
                 30 Mar 01   Training Report (TR)
                 04 Jun 01                MS
                 10 Jun 02            TR
                 10 Jun 03                MS
                 10 Jun 04                MS
                 09 Feb 05                MS
                 10 Jul 05                MS
                 10 Jul 06                MS
                 10 Jul 07                MS
*                01 May 08                MS

* Contested report

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDEP reviewed this application  and  recommends  denial,
stating, in part, that the  applicant  did  not  submit  an  appeal
through the Evaluation Reports Appeals Board (ERAB);  however,  his
request is for an SSB with the inclusion of the two reports.

The CY08A CSB met on 12 May 08 and the OPR closed out on 1 May  08;
however, the report was not required to be  in  the  records  until
60 days after the close-out  date,  or  1  Jul  08.   The  LOE  was
authorized, and has been placed in the  applicant’s  OSR.   It  has
been included in his record; however, since the  OPR  contained  no
errors, no action was taken on the OPR.

The HQ AFPC/DPSIDEP’s complete evaluation, with attachment,  is  at
Exhibit C.

HQ AFPC/DPSOO recommends SSB consideration with  inclusion  of  the
LOE only and in the  Deployment  History  section,  they  recommend
adding “SQ” to the CMD LVL for his deployment ending 1 Jul 06.   In
regards to the OPR, they note, officers being considered by central
promotion boards have  OPRs  with  different  closeout  dates.   So
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.  Furthermore, the applicant  contends  that
without the OPR his record does not reflect that he is  a  Division
Chief and  Director  of  the  12th  AF  Commander’s  Action  Group.
However, the top line 7 duty entry on his OSB, effective 8 Jan  07,
reflects “Director, CAG/A9 Div.”  Therefore, the board members were
aware of his most current duty title.

The HQ AFPC/DPSOO’s complete evaluation,  with  attachment,  is  at
Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 13 Feb 09 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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 error or injustice warranting  partial  corrective
action.  In regard to the applicant’s OPR, the governing Air  Force
directive requires that performance  reports  on  EAD  officers  be
filed in the member’s record no later than 60 days after the close-
out date.  In  this  case,  the  contested  report  closed  out  on
1 May 08 and was not required to be  on  file  in  the  applicant’s
record until 1 Jul 08.  Therefore, we find that  the  OPR  was  not
required to be a matter of record  by  the  Board  convening  date.
Nevertheless, we agree with HQ AFPC/DPSOO’s recommendation that the
applicant’s LOE closing 23 Jun 06 should have been included in  his
officer selection record.  In view of this, we find that through no
fault of the applicant  his  record  was  incomplete  when  he  was
considered for promotion  by  the  CY08A  Colonel  CSB  and  he  is
therefore entitled to consideration  for  promotion  by  a  Special
Selection  Board  with  the  inclusion  of  the  LOE  in  his  OSR.
Accordingly, we recommend that the applicant’s records be corrected
to the extent 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  his  Officer
Selection Brief prepared for consideration  by  the  Calendar  Year
2008A (CY08A) Colonel Central Selection Board, be  amended  in  the
Deployment History section of the Officer Selection Brief by adding
“SQ” to the CMD LVL.

It is further recommended that his record, to include the Letter of
Evaluation  (LOE),  AF  Form  IMT  77,  rendered  for  the   period
19 March 2006 through 23 June 2006, be considered for promotion  to
the grade of colonel by a Special Selection  Board  (SSB)  for  the
CY08A Colonel Central Selection Board and any subsequent boards for
which the LOE was not a matter of record.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2008-04126 in  Executive  Session  on  6  May  2009,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Yvonne T. Jackson, Member
      Mr. Robert S. Jack II, Member

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

     Exhibit A.  DD Form 149, dated 12 Nov 08, w/atchs.
     Exhibit B.  Applicant's Officer Selection Record.
     Exhibit C.  Letter, HQ AFPC/DPSIDEP, dated 12 Jan 09,  w/atch.

     Exhibit D.  Letter, HQ AFPC/DPSOO, dated 28 Jan 09, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Feb 09.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2008-04126




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, XXXXXXX, be corrected to show that his
Officer Selection Brief prepared for consideration by the Calendar
Year 2008A (CY08A) Colonel Central Selection Board, be, and hereby is,
amended in the Deployment History section of the Officer Selection
Brief by adding “SQ” to the CMD LVL.

      It is further directed that his record, to include the Letter of
Evaluation (LOE), AF Form IMT 77, rendered for the period
19 March 2006 through 23 June 2006, be considered for promotion to the
grade of colonel by a Special Selection Board (SSB) for the Calendar
Year (CY) CY08A Colonel Central Selection Board and any subsequent
boards for which the LOE was not a matter of record.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency