RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04455
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Officer Performance Report (OPR) rendered for the period
13 Sep 10 to 12 Sep 11 be included in her Officer Selection
Record (OSR).
2. Her core flag identifier on her Officer Selection Brief (OSB)
for the L0311F Reduction in Force (RIF) Board be corrected and
she be given supplemental consideration by the same Board
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her OPR which closed out on 12 Sep 11 was not completed until
16 Oct 11 and, as a result, it was not considered by the RIF
Board that met on 19 Sep 11. The OPR included stratifications
from the rater and additional rater that boosted her record and
would have made a difference to the board. If the contested OPR
had been included in her record, the Board would have known she
was already cross-training into another career field based on a
bullet reflected on the OPR.
In support of the request, the applicant provides an expanded
statement and copies of her AF Forms 707, Officer Performance
Report, Officer Selection Brief (OSB), electronic mail
correspondence, a news article, and other documents related to
the matter under review.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of
captain (O-3) during the matter under review.
The applicants OPR profile as a captain follows:
PERIOD ENDING OVERALL EVALUATION
12 Sep 08 Meets Standards (MS)
12 Sep 09 MS
12 Sep 10 MS
30 Jun 11 Training Report (TR)
*12 Sep 11 MS
*Contested Report
On 1 Mar 12, the applicant was released from active duty due to a
reduction in force and was credited with seven years, nine
months, and six days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C, D and E.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSAB states that the applicants core flag was updated on
25 Jul 11, 14 days after she was accepted into the 38F career
field.
The complete APFC/DPSAB evaluation, with attachments, is at
Exhibit C.
AFPC/DPSIDEP defers to AFPC/DPSOO for SSB recommendation or
consideration. DPSIDEP notes the applicant did not file an
appeal through the Evaluations Report Appeals Board (ERAB).
Since the contested OPR is already on file in both the
applicant's OSR and the Automated Records Management System
(ARMS), no action is required by DPSIDEP. Although, the
applicants OPR closed out on 12 Sep 11, it was not required to
be in her record until 60 days after the close-out date, or
11 Nov 11. The Board convened on 19 Sep 11 and the applicants
evaluator's did not sign and finalize the report until 20 Oct 11,
after the convening of the board. There are other officers in
similar circumstances where the close-out date is similar;
however, unless the OPR is processed with all signatures, the OPR
cannot be placed into the member's record. To allow the
applicants OPR to be included after the convening of the board
would allow her an advantage other officers are not afforded.
In addition, if the AFBCMR determines changes should be made to
the applicants OPR to make it eligible for a SSB, i.e., backdating signature dates, the only course of action would be to
have the entire report reaccomplished in "wet signature as the
contested report was digitally signed. Currently, each signature
on the electronic (digitally signed) form is tied to a
certificate of authenticity; and when these forms are digitally
signed, the date auto-populates and cannot be changed; any
attempts to make changes to a digitally signed form will
potentially revoke the certificate of authenticity and render the
document null and void.
The complete AFPC/DPSIDEP evaluation is at Exhibit D.
AFPC/DPSOO recommends denial of the applicant's request to
include the contested OPR in her L0311F OSR and grant her SSB
consideration. The absence of this report is not an error
because it was not required to be filed in her OSR until
11 Nov 11. Officers being considered by RIF boards have
different closeout dates for their performance reports. Since
many eligible officers fall into this dilemma, approving SSB
consideration with a report not required to be on file would
generate unfairness in the current process.
Eligible officers meeting a RIF Board have the option to submit a
letter to the board president addressing any matter of record
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 accomplishments mentioned
in the report. The applicant did not take these steps. The time
to submit a letter is prior to convening of the original board,
not after nonselection.
The complete AFPC/DPSOO evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 Apr 12, for review and comment within 30 days
(Exhibit F). 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 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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt its rationale as the basis for our
conclusion the applicant has not been the victim of an 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2011-04455 in Executive Session on 16 Aug 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 11, w/atchs and
Applicants letter, dated 13 Jan 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPASB, dated 23 Jan 12, w/atchs.
Exhibit D. Letter, AFPC/DPSIDEP, dated 20 Mar 12.
Exhibit E. Letter, AFPC/DPSOO, dated 28 Mar 12
Exhibit F. Letter, SAF/MRBR, dated 12 Apr 12.
Panel Chair
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