RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00343
INDEX CODE: 111.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period
25 June 2006 through 24 June 2007 be corrected to reflect the
rank of major rather than lieutenant colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His promotion to lieutenant colonel was via a Special Selection
Board (SSB). The United States Senate did not confirm the SSB
results until 1 August 2007 - over one month after the reporting
period of the contested OPR.
In support of his request, the applicant provides a copy of the
contested OPR and a senate confirmation notification memorandum.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
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 (DOR) of 1 April 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends denial. DPSIDEP states although the
Senate confirmed the promotion on 1 August 2007, the actual
effective date of rank (DOR) was 1 April 2003. Therefore, the
24 June 2007 OPR is correct in reflecting the rank of lieutenant
colonel.
Due to the applicants DOR being changed to 1 April 2003, the
OPRs that closed out on 14 July 2003, 24 June 2004, 24 June 2005
and 24 June 2006 should also reflect the rank of lieutenant
colonel. However, it would be in the interest of the applicant
to allow these reports to remain reflecting the rank of major.
The DPSIDEP complete evaluation is at Exhibit C.
AFPC/DPSOO recommends denial. DPSOO concurs with the DPSIDEP
recommendation to keep the grade on the report as lieutenant
colonel. Although the Senate confirmed the list after the close
out of the report, his DOR is retroactive to 2003 thereby making
all of his reports since April 2003 incorrect. At the time the
report was being finalized, the results of the SSB were known by
the applicants commander. DPSOO does not concur with changing
any of the reports without the applicant applying for the
correction as he may want to have the reports changed to correct
the corresponding Developmental Education (DE) pushes and job
recommendations.
The DPSOO complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 June 2010, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit E). As of this date, this office has received no
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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations 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, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-00343 in Executive Session on 9 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00343 was considered:
Exhibit A. DD Form 149, dated 20 January 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 2010.
Exhibit D. Letter, AFPC/DPSOO, dated 27 May 2010.
Exhibit E. Letter, SAF/MRBR, dated 25 June 2010.
Panel Chair
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