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AF | BCMR | CY2011 | BC-2010-00272
Original file (BC-2010-00272.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2010-00272

                                        COUNSEL:  NONE

                                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records, to include the OPRs closing 22 Jul 08, and 16 May 94, be  given
Special Selection Board (SSB) consideration for promotion to  the  grade  of
colonel for the  Calendar  Year  2009C  (CY09C)  Line  and  Nonline  Reserve
Colonel Participating Reserve Promotion Selection Board, which  convened  on
5 Oct 09.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Performance Report (OPR) closing out on 22 Jul 08,  was  not  in
his Officer Selection Record (OSR), and the second page of his  OPR  closing
out on 16 May 94, was that of another officer.

In support of the request, the applicant provides a personal statement,  and
extracts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Reserves in the  grade  of  lieutenant
colonel.

On 5 Oct 09, he was considered and nonselected for promotion  to  the  grade
of colonel by the CY09C  Line  and  Nonline  Reserve  Colonel  Participating
Reserve Promotion Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states, in part,  the  applicant’s  record,
as reviewed by the CY09C promotion  board,  was  complete  and  contains  no
errors.  After he was notified of his nonselection to the grade  of  colonel
by the selection board, he requested a copy of his OSR that  was  considered
by the board.  However, he was provided a copy of the electronically  stored
documents that comprise the data reviewed by a  promotion  board,  Automated
Records Management System (ARMS), and not a copy of the OSR as seen  by  the
promotion board.

DPB indicates the documents  viewed  by  the  promotion  board  have  board-
specific indicators stamped on the document to certify  what  was  available
and viewed at the promotion board.  The  OPR  is  board  stamped  certifying
that it was the top document reviewed and all other documents below it  were
also reviewed by that board.  These stamps are not on  the  ARMS  documents,
only on the documents within the OSR.

DPB states the documents included in the applicant’s package do not  contain
any of these board identifiers, and are therefore, ARMS documents.  One  OPR
closing out on 22 Jul 08, is indeed missing from the  ARMS  file.   However,
it was not missing from the OSR.  The attached OPRs all  contain  the  board
stamps from their respective promotion boards,  and  were  copied  from  the
applicant’s OSR.

According to DPB, the OPR closing out on 16 Mar 94, is accurate in  the  OSR
and appears to be inaccurate within the ARMS  file.   The  ARMS  record  has
been corrected.

The ARPC/DPB evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22  Oct
10, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office (Exhibit C).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility  (OPR)  and  adopt  its  rationale  as  the  basis  for   our
conclusion the applicant has not been the  victim  of  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.

_________________________________________________________________

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  Docket  Number  BC-2009-02754
in Executive Session on 8 Feb 11, under the provisions of AFI 36-2603:

      Ms. -----------, Panel Chair
      Ms. -----------, Member
      Ms. -----------, Member

The following documentary evidence was considered:

       Exhibit A.  DD Form 149, dated 20 Jan 10, w/atchs.
       Exhibit B.  Letter, ARPC/ DPB, dated 30 Mar 10.
       Exhibit C.  Letter, SAF/MRBR, dated 22 Oct 10.




                                   ------------
                                   Panel Chair


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