RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04446
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The signature dates on his Officer Performance Report (OPR)
rendered for the period of 12 February 2009 through 11 February
2010 be changed to 1 March 2010.
2. He receive Special Selection Board (SSB) consideration by the
Below-the-Promotion Zone (BPZ) CY10A Lieutenant Colonel (Lt Col)
Central Selection Board (CSB).
________________________________________________________________
APPLICANT CONTENDS THAT:
1. The OPR closing out 11 February 2010 comprised a significant
portion of the senior raters promotion recommendation form
(PRF) assessment for the CY10A promotion board.
2. The wing commander intended for the OPR to be considered by
the CY10A CSB. However, administrative errors and temporary duty
assignments delayed its completion.
3. The absence of his OPR resulted in the exclusion of
significant performance information and an incomplete evaluation
for future potential.
In support of his request, the applicant provides a copy of his
OPR, PRF and letters of support from his leadership chain.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major.
The applicant was considered and not selected for promotion to
the grade of Lt Col by the BPZ CY10A Lt Col CSB, which convened
on 8 March 2010.
The applicant did not file an appeal through the Evaluation
Reports Appeals Board (ERAB) under the provisions of AFI
36-2401, Correcting Officer and Enlisted Evaluation
Reports.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID defers to AFPC/DPSOO. DPSID states that the report
was processed IAW AFI 36-2406, Officer and Enlisted Evaluation
Systems, which states performance reports are due to AFPC no
later than 60 days after closeout. The closeout date of the
applicants report was 11 February 2010; therefore, the report
was not required to be in the applicants Officer Selection
Record (OSR) until 13 April 2010. The board convened on 8 March
2010 and the report was not finalized until 10 April 2010, after
the board adjourned.
There are other officers in similar situations where the
closeout date is similar; however, unless the OPR is processed
with all the required signatures, the OPR cannot be placed into
the members record. To allow the OPR to be included after the
board adjourns would allow the applicant an advantage not
afforded to other officers.
The complete DPSID evaluation is at Exhibit C.
AFPC/DPSOO recommends denial. DPSOO states the absence of the
11 February 2010 OPR does not constitute an error since the
report was not required to be filed in the applicants record
until 60 days after the close out date, or 13 April 2010.
If the applicant believed this document was important in his
promotion consideration, he could have written a letter to the
board members informing them of his accomplishments mentioned in
his OPR. DPSOO has verified the applicant did not elect to
exercise this entitlement.
The complete DPSOO evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the
applicant on 25 March 2011, for review and comment within
30 days(Exhibit E). As of this date, this office has not
received a 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. After
thoroughly reviewing the evidence of record, we are not
persuaded the signature dates on his OPR should be changed. We
note the letters of support from the applicants chain of
command stating it was their intent for the OPR to be considered
by the CY10A CSB. However, we do not find the evidence presented
sufficiently persuasive to show that the applicant was treated
differently than other officers similarly situated. Therefore,
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 the applicant has not been the
victim of an error or injustice. Regarding his request for SSB
consideration, since the report was not required to be filed in
the applicants record until 60 days after the close out date,
or 13 April 2010, there exists no basis for SSB consideration.
In view of the above and absent persuasive evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 BC-2010-04446 in
Executive Session on 24 May 2011 under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR
Docket Number BC-2010-04446 was considered:
Exhibit A. DD Form 149, dated 25 October 2010, w/atchs.
Exhibit B. AFPC/DPSID, Letter, dated 24 February 2011.
Exhibit C. AFPC/DPSOO, Letter, dated 14 March 2011.
Exhibit D. SAF/MRBR, Letter, dated 25 March 2011.
Panel Chair
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