RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00525
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
__________________________________________________________________
APPLICANT REQUESTS THAT:
His corrected Officer Performance Report (OPR) rendered for the
period 28 October 2008 thorough 27 October 2009 be reconsidered
for supplemental promotion consideration by the Calendar Year
2010A (CY10A) Lieutenant Colonel (Lt Col) Line of the Air Force
(LAF) and the CY11A Lt Col LAF Central Selection Boards (CSBs).
__________________________________________________________________
APPLICANT CONTENDS THAT:
His OPR closing 27 October 2009 contained an inappropriate school
recommendation - Intermediate Developmental Education (IDE) rather
than Senior Developmental Education (SDE), and may have negatively
influenced his opportunity for promotion to the higher grade while
being considered at both the CY10A Lt Col LAF and CY11A Lt Col LAF
CSBs. He believes the push for IDE in the contested report may
have been interpreted as regression because his previous OPR
included a recommendation for SDE.
In support of his appeal, the applicant provides a copy of the
proposed corrected OPR for the period 28 October 2008 through
27 October 2009. (Approved by the ERAB)
The applicant’s complete submission, with attachment, is at
Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
grade of major (O-4). He has two nonselections to the grade of
lieutenant colonel (Lt Col) (O-5) by the CY10A and CY11A Lt Col
LAF CSBs.
The applicant filed an appeal through the Evaluation Reports
Appeal Board (ERAB) and his request to substitute the above
referenced OPR with the correct school recommendation (SDE) was
approved. Due to the ERAB decision, AFPC/DPSOO granted Special
Selection Board (SSB) consideration for the CY11A Lt Col LAF CSB
with the inclusion of the corrected OPR in his Officer Selection
Record (OSR).
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP defers to AFPC/DPSOO. DPSIDEP states that since the
applicant’s contested OPR was approved by the ERAB for
substitution with the correct Developmental Education (DE) push,
is already on file in the applicant’s Officer Selection Record
(OSR), and is present in the Automated Records Management System
(ARMS), they have no action at this time.
DPSIDEP indicates that although the approved substitute OPR in the
applicant’s record closed out on 27 October 2009, it was not
finalized with all digital signatures recorded until 6 January
2011, and wasn’t approved by the ERAB until 27 April 2011. Both
dates were after the convening date of the CY10A Lt Col LAF CSB.
Therefore, the applicant is ineligible for supplemental
consideration of the CY10A Lt Col LAF CSB due to the signature
dates being on or after the convening date of that particular
board. However, this ineligible condition does not apply to
potential SSB consideration for the CY11A Lt Col LAF CSB due to
the signature dates on the OPR in question being prior to that
respective CSB. To allow the OPR to be considered for SSB with
signature dates on or after the CY10A Lt Col LAF 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 a convening CSB. In the event
the AFBCMR determines any changes should be made to the evaluation
report to make it eligible for the CY10A SSB, the only recourse of
action on the electronic (digitally signed) version of the
evaluation report, is to have the entire report reaccomplished in
“wet signatures” (printed and physically signed).
The complete DPSIDEP evaluation is at Exhibit C.
AFPC/DPSOO recommends approval of SSB consideration with the
inclusion of the corrected 2 October 2009 OPR in the applicant’s
CY10A OSR. However, the signature dates on the report need to be
changed to a date after the closeout date of 27 October 2009 and a
date prior to the convening date (8 March 2010) of the CY10A Lt
Col LAF CSB. They concur with DPSIDEP’s recommendation that if
any changes are required to make the 27 October 2009 OPR eligible
for consideration, that the report be reaccomplished in “wet
signature.”
The complete DPSOO evaluation is at Exhibit D.
__________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 May 2012 for review and response within 30 days
(Exhibits E). As of this date, this office has received no
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. While the
applicant and his rating chain should have caught the
inappropriate school recommendation prior to his records meeting
the CY10A Lt Col LAF CSB, the fact remains that the report was
in error and created a possible injustice when it was used by
that board. We note the report was subsequently corrected but
wasn’t electronically signed until 6 January 2011 and approved
by the ERAB until 27 April 2011, thus making it ineligible to be
used for consideration by an SSB for the CY10a Lt Col LAF CSB.
While the applicant did receive SSB consideration by the CY11 Lt
Col LAF CSB, we believe the missed opportunity to use the
corrected report for SSB consideration at the CY10A Lt Col LAF
CSB has created an injustice. Therefore, we agree with the
AFPC/DPSOO recommendation that the applicant is entitled to SSB
consideration by the CY10A Lt Col LAF CSB in order to correct
the possibility of an injustice; however, the report must be
reaccomplished in “wet signature” with appropriate signature
dates in order for it to be considered by that board.
Accordingly, we recommend the applicant’s record be corrected as
indicated below.
________________________________________________________________
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 Officer Performance Report rendered for the period
28 October 2008 through 27 October 2009 be reaccomplished in
“wet signature” with the signature dates being after the OPR
closeout date of 27 October 2009 and prior to the CY10A Lt Col
CSB date of 8 March 2010.
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b. The corrected record be considered for promotion to the
grade of lieutenant colonel by an SSB for the CY10A Lt Col CSB.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00525 in Executive Session on 21 August 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2012-
00525 was considered:
Exhibit A. DD Forms 149, dtd 7 May 10, with atchs.
Exhibit B. Letter, AFPC/DPAMN, dtd 17 Jun 10, w/atchs.
Exhibit C. Letter, AFPC/DPSOO, dtd 19 Aug 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Sep 10.
Panel Chair
Member
Member
Panel Chair
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