RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02096
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period
23 November 2001 through 22 November 2002 be accepted for file
in his Officer Selection Record (OSR) in place of the
AF Form 77, Supplement Evaluation Sheet, rendered for the period
23 November 2001 through 11 December 2002 and that be considered
by a Special Selection Board (SSB) for the Calendar Year 2004B
(CY04B) and the CY05A Lieutenant Colonel Central Selection
Boards (CSBs).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
In 2002, when he returned to active duty, the OPR he received
from the Air Force Reserve should have been in his record. The
missing report was listed on the SURF in 2003; however, sometime
prior to his consideration for promotion in-the-primary zone
(IPZ) for the lieutenant colonel board it disappeared from his
records. He noticed this and later received the AF Form 77all
the while working with his Reserve commander, military personnel
flight (MPF), and the Air Force Reserve Command (AFRC) to find
it and fix it; however, the promotion board met before it was
resolved. He noticed that it appeared back in his record, in
2005, even though he had stopped his persistent search, and
prepared for retirement. He believes the impact the missing
report had on his promotion potential should be considered.
In support of his appeal, the applicant provides a copy of the
contested report and the AF Form 77, dated 22 April 2004.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the evaluation from the Air Force office of primary
responsibility, the applicant did not file an appeal through the
ERAB.
The applicants OPR profile of the last ten reports follows:
PERIOD ENDING OVERALL EVALUATION
#22 Nov 01 Meet Standards (MS)
##22 Nov 02 MS
11 Dec 02 Supplemental Report
07 Dec 03 MS
07 Dec 04 MS
05 Sep 05 MS
05 Sep 06 MS
15 Jun 07 MS
15 Jun 08 MS
15 Jun 09 MS
# Top report at the time he was considered and nonselected for
promotion by the CY04B Lieutenant Colonel CSB
## Contested Report
The applicant was considered and nonselected for promotion by
the CY04B, CY05A, CY06A, CY06C, CY07B, CY08B, CY09B, and the
CY10A lieutenant colonel CSBs.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSID defers to DPSOO on the SSB recommendation. They note
that the Military Personnel Data System (MilPDS) and the AF Form
77 for the gap in the applicants record has been corrected.
The applicant did not file an appeal through the ERAB; however,
the ERAB reviewed this application and recommend denial.
Based on a review of the applicants record, they determined
that the only action required by DPSID is to update the OPR
rating in MilPDS and correct the AF Form 77. MilPDS has been
updated to reflect the rating for the OPR rendered during the
period 23 November 2001 through 22 November 2002. The OPR has
been in the Automated Records Management System (ARMS) since
December 2005 and was filed in the OSR on 20 May 2005.
The AF Form 77, rendered for the period 23 November 2001 through
11 December 2002 was removed from ARMS and has been replaced
with a corrected AF Form 77, with the dates of 23 November 2002
through 11 December 2002. In accordance with (IAW) the
governing directive, it is used to cover gaps in performance
records. The applicant was a Reservist who came on active duty
on 12 December 2002, with his last OPR closing out on
22 November 2002. However, when the AF Form 77 was initially
created it appears the 22 November 2002 OPR was not made a
matter of record; therefore, an AF Form 77 with the dates of
23 November 2001 through 11 December 2002 was placed in the
record to cover the gap in the applicants record. When the
missing report became a matter of record (20 May 2005), the
AF Form 77 was corrected with the correct dates and placed in
the applicants OSR, to reflect 23 November 2002 through
11 December 2002 to cover the gap of performance reports.
However, the corrected AF Form 77 was not signed, so once it was
reaccomplished the AF Form 77 was filed in the applicants OSR.
The complete AFPC/DPSID evaluation, with attachment, is at
Exhibit C.
AFPC/DPSOO recommends the Board approve only the applicants
request for SSB consideration for the CY04B CSB with inclusion
of the OPR rendered for the period 22 November 2001 through
22 November 2002 and the reaccomplished AF Form 77, Letter of
Evaluation, covering the period 23 November 2002 through
11 December 2002. The inclusion of the OPR in his CY04B is
significant enough to warrant SSB consideration.
The applicants contention that the 22 November 2002 OPR was
missing from his record for the CY05A CSB is unfounded. DPSID
verified that the OPR was filed in the applicants record on
20 May 2005. As such, it was matter of record for the CY05A CSB
and does not warrant SSB consideration. In addition, eligible
officers meeting a board have the option to submit a letter to
the promotion 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
missing OPR.
The complete AFPC/DPSOO evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 5 Nov 05 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 relief. The Air Force offices of primary responsibility
have adequately addressed the issues presented by the applicant
and we are in agreement with their assessment. In addition, we
note the comments by AFPC/DPSOO and agree with their opinion and
recommendation that the applicant be considered by an SSB for
the CY04B Lieutenant Colonel CSB with the inclusion of the
contested report (closing 22 Nov 02) and the AF Form 77,
covering the period 23 Nov 02 through 11 Dec 02. Based on our
review, it appears the contested report was filed in the
applicants OSR on 20 May 2005 and was a part of the applicants
OSR at the time he was considered by CY05A Lieutenant Colonel
CSB. Therefore, in view of the above, we recommend the
applicants record 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:
a. The AF Form 707A, Field Grade Officer Performance
Report, rendered for the period 23 November 2001 through
22 November 2002, was accepted for file in his Officer Selection
Record on 9 July 2004.
b. The AF Form 77, Supplemental Evaluation Sheet, rendered
for the period 23 November 2002 through 11 December 2002 be
declared void and removed from his record and the AF Form 77, Letter of Evaluation (LOE), rendered for the same period be
accepted in its place.
It is further recommended that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board
(SSB) for the Calendar Year 2004B Lieutenant Colonel Central
Selection Board for which the above corrected OPR and LOE were
not a matter of record.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02096 in Executive Session on 10 February 2011
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 15 Sep 10, w/atch.
Exhibit D. Letter, AFPC/DPSOO, dated 18 Oct 10.
Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.
Panel Chair
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