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AF | BCMR | CY2010 | BC-2009-04178
Original file (BC-2009-04178.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-04094
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be granted Special Selection Board (SSB) consideration by the 8 Jun  09,
(P0509B) Lieutenant Colonel (Lt Col)  Central  Selection  Board  (CSB)  with
inclusion of her Officer Performance Report (OPR) rendered  for  the  period
of 14 Apr 08 thru 13 Apr 09 in her Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was hospitalized and on bed  rest  from  23  Mar  09  thru  16  Jun  09,
followed by convalescent leave from 17 Jun 09 thru 7  Aug  09.  During  that
time, she repeatedly telephoned and emailed her rater to ensure her OPR  was
signed and turned in.  The report was signed on 19 May 09 and  submitted  to
the Military Personnel Flight.  The information was updated in the  Military
Personnel Data Systems (MilPDS); however, the report was never sent  to  the
Air Force Personnel Center (AFPC) to  be  included  in  her  OSR.   She  did
everything in her power to ensure  the  accuracy  of  her  record,  but  her
efforts fell short.  She would like to be considered for a SSB.

In support of her request, the applicant submits  a  copy  of  her  OPR  and
transmittal record.

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.
She has two non-selections to the grade of Lt Col.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibit C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDEP has no recommendation.  DPSIDEP states although  the  report
closed out on 13 Apr 09, it was  not  required  to  be  in  the  applicant’s
record until 60 days after the close-out date  or  13  Jun  09.   The  board
convened on 8 Jun 09; however, the report was not finalized until 6 Nov  09.
 DPSIDEP notes there are other officers  in  similar  circumstances  and  to
allow the applicant’s OPR to be included  after  the  board  convenes  would
give her an advantage other officers are not afforded.

The complete DPSIDEP evaluation is at Exhibit C.

HQ AFPC/DPSOO recommends denial.  DPSOO states the absence of  the  OPR  was
not an error because the report was not required to  be  filed  in  her  OSR
until 12 Jun 09 (after the 8 Jun 09 convening board date).

DPSOO notes eligible officers meeting the CSB 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 the  report.   We
have confirmed the applicant did not take these steps.

The complete DPSOO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  5
Mar 10 for review and comment within 30 days.  As of this date, this  office
has received no response (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.  The applicant’s  complete  submission  was
thoroughly reviewed and her contentions were duly  noted.   However,  we  do
not find these assertions and the documentation presented in support of  her
appeal sufficiently persuasive to override the rationale  expressed  by  the
Air Force offices of primary  responsibility  (OPR).   Therefore,  we  agree
with the opinions and recommendations of the Air Force OPRs and adopt  their
rationale as the basis for our conclusion the applicant  has  not  been  the
victim of an error or injustice.  Accordingly, we find no basis on which  to
favorably consider the relief sought in this application.

_________________________________________________________________

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 this application in  Executive
Session on 26 Aug 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The  following  documentary  evidence  was  considered  in  AFBCMR  BC-2009-
004094):

    Exhibit A.  DD Form 149, dated 19 Nov 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDEP, dated 28 Jan 10.
    Exhibit D.  Letter, HQ AFPC/DPSOO, dated 17 Feb 10.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Mar 10.




                                   Panel Chair

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