RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00009
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her AF Form 707, Officer Performance Report (OPR), rendered
for the period of 16 May 2009 to 9 April 2010 be included in her
Officer Selection Record (OSR).
2. Her Defense Meritorious Service Medal (DMSM) be added to her
OSR.
3. She be given special selection board (SSB) consideration with
the corrected OSR for the Calendar Year 2010 (CY10) Line and
Health Professions Lieutenant Colonel (Lt Col) Selection Board
(CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The OPR and DMSM were not included in time for the Lt Col CSB
held on 14 June 2010 due to ongoing conflicts in Southeast Asia.
Several key personnel were absent from the Airborne Laser System
Program office. Specially, the administrative section had
several individuals go on no-notice deployments and temporary
duty (TDY) assignments, along with personnel in her chain of
command. Since the changeovers were not overlapping, several
documents were inadvertently mislaid and not routed through the
correct channels. In summary, two critical documents, the DMSM
and OPR should have been a matter of record when the board met.
In support of her request, the applicant provides copies of a
letter from her rating chain, her CRO/Duty Information
Worksheets, OPR, the Missile Defense Agency Awards Guide for
Military Personnel, and her DMSM and citation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 July 2010, the applicant was awarded the Defense Meritorious
Service Medal for Exceptional Meritorious Service for the Armed
Forces of the United States.
On 20 October 2010, the Missile Defense Agency awards manager
amended the Military Personnel Award Order Number 2010-40, dated
7 July 2010, to read 29 June 2010 rather than 6 July 2010.
On 1 March 2011, the applicant retired from the Air Force Reserve
in the grade of major.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states the DMSM and OPR were not
required or available to the CY10 board. In accordance with AFI
36-2406, Officer and Enlisted Evaluation Systems, OPRs are due to
ARPC/DPBR 90 days after the close out of the form. That is the
suspense for filing an OPR in an OSR. A report is not due for
filing or expected to be available for filing until the 90th day.
If an organization is able to complete and submit a report prior
to that suspense, they have exceeded their expectation. They are
in no way required to accomplish that. The OPR in question was
due for filing in the OSR, 9 July 2010, nearly a month after the
14 June 2010 board convened.
The order announcing the award of the DMSM was initially dated
6 July 2010. The Department of Defense later amended that date to
read 29 June 2010. It is unlikely the Secretary of the Air
Force, acting through the Air Force Board for Correction of
Military Records, has the ability to affect the date of the
awarding of the Department of Defense (DoD) decoration. Since the
date of the order has previously been amended, it is unlikely the
DoD will again make a change.
Allowing these documents after-the-fact places the remaining
1,460 officers at a distinct disadvantage, which could call into
question the procedures used and the policies applied to the
promotion process.
The complete DPB evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 February 2010, a copy of the Air Force evaluation was
forwarded to applicant 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
careful notice of the applicant's complete submission in judging
the merits of the case; however, after thoroughly reviewing the
evidence of record, we find no evidence which would persuade us
that her records should be considered by a SSB with the inclusion
of her DMSM or OPR ending 9 April 2010. While the applicant
states her record was not complete for the CY10 Line and Health
Professions Lieutenant Colonel CSB, she has not provided any
evidence that would warrant an exception to policy. 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. In the absence of sufficient
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 AFBCMR Docket
Number BC-2011-00009 in Executive Session on 21 July 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00009 was considered:
Exhibit A. DD Form 149, dated 21 Dec 10, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 21 Jan 11.
Exhibit C. Letter, SAF/MRBR, dated 11 Feb 11.
Panel Chair
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