RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01553

            COUNSEL:  NONE

                       HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her Officer Selection Record (OSR) be corrected to reflect:

             a.  Her  Certified  Medical-Surgical  Registered   Nurse
certification.

            b.  Her selection for Uniformed  Services  University  of
the Health Sciences (USUHS) Family Nursing Practitioner Program.

2.  She receive a  successful  rating  for  the  Officer  Performance
Report (OPR) rendered for the period 4 Oct 08 through 3 Oct 09.

3.  She receive promotion consideration by a Special Selection  Board
(SSB) for the Calendar Year 2009 (CY09) Major Central Selection Board
(CSB); with the corrected OSR as a matter of record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR in question was not submitted to her  until  1  Dec  09,  the
first day of the board.  As such her records were  presented  to  the
board with an unrated  period  of  over  14  months.   Although,  she
submitted her Medical-Surgical certification in October 2009 and  the
Air Force Personnel Center (AFPC) verified receipt via  telephone  in
November 2009, the certification was not noted in  her  record.   Her
selection to the Family  Nurse  Practitioner  Program  was  also  not
reflected in her records.

In support of her appeal the applicant provides a copy of her Medical-
Surgical Nursing Certification,  AF  Form  707,  Officer  Performance
Report (Lt thru Col), Welcome Letter from USUHS and an email.

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
captain.

The applicant was considered and not selected for  promotion  to  the
grade of major by the CY09 Major CSB.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate offices of the Air
Force, which are attached at Exhibits C, D and E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMN notes no BCMR action is warranted for the  OSB  reflecting
board certified “no” for the 1 Dec 09  promotion  board  because  the
applicant did not submit the AF Form 2096 prior to the  convening  of
the board.  DPAMN also notes they cannot determine with any certainty
that  the  applicant  sent  the  certificate  to  AFPC/PDR   in   the
October/November timeframe, as  her  email  suggests.   However,  the
email gives the impression that she sent the certificate to  AFPC/PBR
and was assured it was received and filed in the  OSR.   Because  the
applicant appears to have tried to take the proper action to have the
certification placed in her OSR, DPMAN believes she did not  get  due
consideration of all appropriate data.  If the BCMR  is  inclined  to
grant, the record should be corrected to  include  the  certification
certificate, but no change to the  OSB  to  reflect  board  certified
“yes” is warranted because the applicant failed to submit the AF Form
2096 at the time of the board.  DPAMN notes the applicant did not get
full consideration of all possible  data  because  her  OPR  was  not
completed in time to meet the board.  DPMAN defers to DPSOO  and  the
BCMR on past precedence regarding late OPRs to determine  if  SSB  is
appropriate.

The complete AFPC/DPAMN evaluation is at Exhibit C.

AFPC/DPSID defers SSB consideration to AFPC/DPSOO.  DPSID  notes  the
applicant  did  not  request  any  corrections  to  her   evaluation,
therefore, she did  not  submit  an  appeal  through  the  Evaluation
Reports Appeals  Board  (ERAB).   DPSIDEP  reviewed  the  applicant’s
request and determined the OPR in question was not submitted  through
the  Case  Management  System  (CMS)  from  her  servicing   Military
Personnel Flight until 15 Jan 10, and was made a matter of record the
same day.  DPSID further notes the  only  action  required  by  their
office was to verify if the OPR in question  was  made  a  matter  of
record; therefore, there is no action required to correct as all info
is correct.

The complete AFPC/DPSID evaluation is at Exhibit D.

AFPC/DPSOO recommends denial of her request to include  the  3 Oct 09
OPR in her OSR for the CY09 major  CSB.   However,  DPSOO  recommends
approval of her request for SSB consideration with inclusion  of  her
MSNCB Certificate in her OSR.  In addition, they recommend  the  “no”
in the Board Certified Block on her OSB be changed to  “yes”.   DPSOO
believes the applicant exercised due diligence in trying to file  the
certificate in her OSR prior to the  convening  of  the  Board.   The
email submitted by her gives the impression she sent the  certificate
to AFPC/PBR and was given  assurance  by  AFPC  the  certificate  was
received and filed  in  her  OSR.   DPSOO  further  notes  AFPC/DPAMN
determined the “no” in the Board Certified Block is  correct  because
the applicant did not submit a request for the M prefix  until  April
2010.  On 13 Apr 10, her primary AFSC was updated to  reflect  M46N3,
with an effective of 1  Oct  09.   The  portion  of  the  applicant’s
request to have her records coded to reflect  her  selection  to  the
USUHS Family Nurse Practitioner Program is unfounded.  Enrollment  in
AFIT-sponsored/in residence or fellowship programs does not appear on
the OSB.  Therefore there is no basis to warrant  SSB  consideration.
Lastly, the governing instruction states the OPRs on Extended  Active
Duty (EAD) officers are due at AFPC no later than 60  days  following
the closeout of the report.  The OPR in question was not required  to
be filed  in  her  OSR  until  3 Dec 10,  after  the  1 Dec 10  board
convening date.

The complete AFPC/DPSOO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were 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.

_________________________________________________________________

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  an  injustice  with  respect  to  the
applicant’s request to have her selection for the  Uniformed  Services
University of the Health Sciences (USUHS) Family Nursing  Practitioner
Program included in her  Officer  Selection  Record  (OSB).   We  note
enrollment in an Air Force Institute of Technology (AFIT)  program  is
not authorized for inclusion in the Officer  Selection  Brief.   After
reviewing the evidence  presented,  we  agree  with  the  opinion  and
recommendation of the Air Force offices of primary responsibility  and
adopt their rational as the basis for denial of this  portion  of  the
applicant’s request.

4.    Notwithstanding the above,  sufficient  relevant  evidence  has
been presented to  demonstrate  the  existence  of  an  error  or  an
injustice  that  warrants  placing  the  Certified   Medical-Surgical
Registered Nurse Certification and the OPR, closing 30 Oct 09, in her
OSR and providing her promotion consideration by an SSB.  In view  of
the email response from AFPC/PBR, we believe the applicant  exercised
due diligence to get her certification filed in her OSR prior to  the
convening of the board; however, through no fault of her own  it  was
not.  In regards to the contested performance report, we believe  her
rating chain should have been more diligent in ensuring her  OPR  was
complete  prior  to  the  convening  of  the  board.   Whether   this
information was sufficiently significant to alter the results of  the
CY09D Major Central Selection Board is a question we  are  unable  to
answer; however, we do know the absence of these documents  may  have
served to deprive her of fair and equitable promotion  consideration,
based on an incomplete record.  Therefore, in view of  the  foregoing
and in an effort to remove any possibility of  an  injustice  to  the
applicant, we recommend that her record  be  corrected  as  indicated
below.

5.    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 RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

       a.     The   Certified   Medical-Surgical   Registered   Nurse
certification valid through  31 October  2014,  be  included  in  her
Officer Selection Record (OSR) for the Calendar  Year  2009D  (CY09D)
Major Central Selection Board.

      b.    The AF Form 707,  Officer  Performance  Report  (Lt  thru
Col), rendered for the period 4 October 2008 through 3  October  2009
was accepted for file in her Officer Selection  Record  (OSR)  on  or
before 1 December 2009.

      c.     It  is  further  directed  that  he  be  considered  for
promotion to the grade of major by a Special Selection Board for  the
CY09D Major Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number
BC-2010-01553  in  Executive  Session  on  20  Jan  11,  under   the
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All members voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Apr 10, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAMN, dated 17 Jun 10, w/atchs.
   Exhibit D.  Letter, AFPC/DPSID, dated 15 Sep 10.
   Exhibit E.  Letter, AFPC/DPSOO, dated 5 Oct 10, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 22 Oct 10.





                                        Panel Chair