DOCKET NUMBER: BC-2012-00231
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His record be corrected to include his Officer Performance
Report (OPR) rendered for the period of 6 Jun 10 thru 5 Jun 11.
2. He receive Special Selection Board (SSB) consideration by the
CY11A Colonel (Col) Chaplain Central Selection Board (CSB).
________________________________________________________________
APPLICANT CONTENDS THAT:
His OPR closing out 5 Jun 11 was missing from his Officer
Selection Record (OSR) which met the CY11A promotion board and
caused him to be improperly considered and “did reasonably and
materially affect the board’s deliberations.”
In support of his request, the applicant provides a copy of his
OPR and letter of support from his commander.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
the grade of lieutenant colonel.
The applicant was considered and not selected for promotion to
the grade of Col by the CY11A Col CSB, which convened on
6 Jun 11.
The applicant did file an appeal through the Evaluation Reports
Appeals Board (ERAB) under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports. However, on
25 Apr 12, DPSIDEP advised the applicant to seek an appeal
through the AFBCMR, since his contested OPR was already on file
in both his OSR and present in the Automated Records Management
System (ARMS).
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 and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP defers to AFPC/DPSOO for SSB consideration.
DPSIDEP states that although the OPR closed out on 5 Jun 11, IAW
AFI 36-2406, Officer and Enlisted Evaluation Systems the report
was not required to be in the applicant’s record until 60 days
after the close-out date, or 5 Aug 11. The purpose of this
suspense is to allow the rating chain and all processing
agencies a reasonable amount of time to complete, sign and
process a given report into the member’s permanent evaluation
record. The board convened on 6 Jun 11 and the report was not
signed and finalized until 25 Jul 11, after the board convened.
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 member’s record. To allow the OPR to be considered for SSB
consideration with signature dates on or after the CY11A Col
Chaplain CSB convening date would allow the applicant a
potential promotion selection advantage other officers are not
afforded whose evaluations closed out in similar timeframes
prior to the CSB convening.
The complete DPSIDEP evaluation is at Exhibit C.
AFPC/DPSOO recommends denial of the applicant’s requests to
include the 5 Jun 11 OPR in his CY11A OSR and be granted SSB
consideration. DPSOO states eligible officers meeting a CSB
have the option to submit a letter to the board president
addressing any matter of record concerning themselves 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. DPSOO has verified the applicant did not elect to take
these steps.
The complete DPSOO evaluation is at Exhibit D.
________________________________________________________________
2
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 May 12 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 applicant’s record should be corrected to show
that his OPR rendered for the period 6 June 10 thru 5 Jun 11 was
accepted for file prior to the convening of the CY11A CSB.. We
note the letter of support from the applicant’s chain of command
stating it was their intent for the OPR to be considered by the
(CSB). As pointed out by DPSIDEP, changing the record as
requested would allow the applicant a potential promotion
selection advantage not afforded to others similarly situated.
Regarding his request for Special Selection Board (SSB)
consideration, since the report was not required to be filed in
the applicant’s record until 60 days after the close out date or
5 August 11, there exists no basis for SSB consideration.. Based
on this determination, there is no basis to grant the
applicant’s request for promotion consideration by SSB.
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 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.
________________________________________________________________
3
Panel Chair
Member
Member
The following members of the Board considered BC-2012-00231 in
Executive Session on 18 Jul 12 under the provisions of AFI 36-
2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIDEP, dated 25 Apr 12.
Exhibit D. Letter, AFPC/DPSOO, dated 15 May 12.
Exhibit E. Letter, SAF/MRBR, dated 30 May 12.
Panel Chair
4
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