RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04613

		COUNSEL:  NONE

		HEARING DESIRED:  YES


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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR), rendered for the period 1 May 10 through 30 Apr 11, be corrected to reflect that he acknowledged receipt of the report on 12 Jun 11, rather than 21 Jun 11.

2.  The closeout date of his Defense Meritorious Service Medal (DMSM) be changed from 28 Feb 12 to 12 Jun 11.  

3.  His corrected record be provided special selection board (SSB) consideration for the CY11 Line and Health Professions Lieutenant Colonel (Lt Col) Promotion Board (V0511B).  

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APPLICANT CONTENDS THAT:

He was prevented from receiving full and fair promotion consideration due to errors and omissions on the part of the United States Africa Command (AFRICOM) staff.  Despite his sustained efforts over several months, misleading information from AFRICOM personnel staff resulted in his record meeting the promotion board without the required promotion recommendation form (PRF) [administratively resolved] or his most-recent OPR.  Even though he did everything he possibly could to ensure his “as met” record was complete, these essential items were not considered by the Board, nor was he notified of this until well after the promotion board, far too late for him to take corrective action.  As a result, he was non-selected for promotion and forced to retire.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant served in the Air Force Reserve in the grade of Major (0-4) during the matter under review.
On 26 Jan 11, the applicant was notified by the EUCOM/AFRICOM/NATO IMA Program superintendent of his eligibility to meet the CY11 Lt Col promotion board and that it was his responsibility to contact his supervisor to start the promotion recommendation form (PRF) process, to ensure his supervisor had his OPR and his records were correct with a current OPR on file.  

On 3 Mar 11, according to documentation provided by the applicant, the applicant provided a draft OPR and decoration along with supporting documentation to USAFRICOM.  

On 26 Mar 11, the Director, Mission Support Division requested the applicant provide a resigned/dated OPR and decoration, along with supporting documentation.  

18 Apr 11, the Chief, Promotions and Evaluations Military Personnel Branch requested to speak with the applicant in regards to his PRF draft and 2010 OPR.  

On 7 Jun 11, the Deputy Chief, South/East Regional Engagement Division Strategy, Plans and Programs (J5), USAFRICOM, notified the applicant that the contested report could not be filed in his records until his previous OPR was submitted to his service personnel headquarters.  

On 8 Jun 11, the applicant contacted ARPC and was informed an AF Form 77, Letter of Evaluation (LOE), was prepared and submitted to cover his 2009 through 2010 evaluation period; therefore, his 2010 through 2011 OPR could be submitted to meet the 13 Jun 11 promotion selection board.  

On 13 Jun 11, the human resources specialist administrative branch informed the applicant that his OPR was ready for his digital signature.  He requested the applicant return it as soon as possible after signing, for final processing.  

On 15 Jun 11, the human resources specialist administrative branch contacted the applicant and requested his digital signature once again.  

On 23 Jun 11, the applicant informed the human resources specialist administrative branch he had not received any communication regarding his OPR since he finished reserve duty on 27 May 11, other than on 7 Jun 11 when he was notified that his OPR was complete.  He indicated he left signed blank AF Forms 707s and dated them for 26 May 11; however, he would once again sign and return the form.  He dated the form for 21 Jun 11.  

On 23 Aug 11, the applicant was notified that he was not selected for promotion by the Reserve of the Air Force Selection Board and due to his second deferral for promotion, and in accordance with Title 10, United States Code, Section 14506, he would automatically be transferred to the Retired Reserve on his adjusted mandatory separation date (MSD), which was 1 Mar 12.  

On 15 Dec 11, APRC/DPBPP notified the applicant that the contested OPR was not considered by the promotion board because his 21 Jun 11 acknowledgement took place after the Board convened on 13 Jun 11.

On 28 Feb 12, the applicant was authorized the award of the DMSM for meritorious serve based on his retirement.  

On 1 Mar 12, the applicant was transferred to the Retired Reserve on his MSD in the grade of major (O-4) to await retired pay at age 60.  

On 20 Mar 12, the applicant informed the Strategy, Plans and Programs Directorate (AFRICOM) he retired because of his second deferral for promotion to Lt Col, citing similar arguments to the matter under review.

On 27 Mar 12, the AFRICOM’s military personnel branch informed the applicant that ARPC/PBP determined his PRF was not considered by the CY11 Lt Col Reserve Promotion Board and of their actions to ensure the officer selection records of all eligible reserves are complete prior to promotion consideration.  

On 9 May 12, the Strategy Plans and Programs Directorate (AFRICOM) requested that ARPC/DPBPE provide the applicant SSB consideration for the contested promotion board because his PRF was not processed and included in his Officer Selection Record (OSR).  

On 11 Jun 12, ARPC/DPBPP informed the applicant of receipt of his corrected PRF and the letter signed by the Strategy, Plans and Programs Directorate (AFRICOM).  ARPC/PBP indicated this was enough information to submit the request for SSB consideration based on the missing PRF; however, his 30 Apr 11 OPR would not be submitted because it was dated after the board adjourned on 13 Jun 2011.  They indicated they would suspend processing of the SSB if the applicant was going to seek relief from the AFBCMR regarding the contested OPR.  In an undated letter, SAF/MRBR informed the applicant that in accordance to Department of Defense (DoD) 1348.33-M, Manual of Military Decorations and Awards, Volume 1, his request involving the DMSM must be processed through the Director, Military Personnel Human Resources Directorate because the DMSM is awarded by the Secretary of Defense and not the Air Force.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/CV recommends denial of the applicant’s request to correct his OPR to reflect he acknowledged receipt on 26 May 11, because his OPR was still in draft form on 26 May 11.  The applicant’s rater and additional rater both signed his OPR on 7 Jun 11 and the reviewer signed on 12 Jun 11; therefore, the applicant could not have acknowledged receipt of his OPR prior to their signatures.  The earliest potential date the applicant could have signed his OPR was 12 Jun 11, the same day as the reviewer. However, there was no requirement for the applicant’s OPR to be presented or available for the contested promotion board that convened on 13 Jun 11.  Nevertheless, his OPR was filed in his Master Personnel Record on 28 Jun 11 and in his Officer Selection Record (OSR) on 30 Jun 11, well within the required 90-day timeframe of 30 Jul 11.  Regardless of the ratee’s acknowledgment date change, ARPC/PB can grant the applicant SSB consideration because his PRF was missing from his promotion board review process.  However, the SSB will not be conducted until a decision has been made regarding the applicant’s request to have his signature date changed.  

A complete copy of the ARPC/CV evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that the ineptitude of the USAFRICOM staff caused him not to be given proper promotion consideration because his PRF or OPR were not timely submitted to his promotion selection board.  He could not determine if the advisory opinion considered the fairness or lack thereof for the processing of his required documentation for promotion consideration.  Also, the advisory opinion was silent on the efforts he took to ensure all required documentation was accurate and timely submitted for his promotion consideration.  As for his request regarding the DMSM, he argues that the AFBCMR has jurisdiction in accordance with the provisions of DoD Directive 1332.41, Board for Correction of Military Records (BCMRs) and Discharge Review Boards (DRBs) and not the Director, Military Personnel as suggested by SAF/MRBR.  

A complete copy of the applicant’s response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 with regard to the applicant’s request to correct his officer performance report (OPR), closing 30 Apr 11, to reflect that he acknowledged receipt of the report on 12 Jun 11.  The applicant contends that a series of administrative errors on the part of the AFRICOM staff caused his OPR to not be concluded and filed in his records in time to be considered during the contested promotion board.  After a thorough review of the evidence of record and the applicant’s complete submission, we agree.  While we note the comments of ARPC/CV indicating the applicant’s request should be denied as the Air Force was not required to ensure the contested OPR was in the record until 90 days after it closed out, we believe a preponderance of the evidence indicates that corrective action is warranted.  In this respect, we note the applicant’s submission contains copies of a plethora of email traffic that makes it clear to us that there was some confusion on the part of the AFRICOM staff that resulted in an inordinate delay in processing the applicant’s OPR and, were it not for this delay, we believe his OPR would have been placed into his records in time to be considered by the contested promotion selection board.  Therefore, we believe it appropriate to recommend that the OPR be corrected to reflect that the applicant acknowledged its receipt on 12 Jun 11, which will result in its inclusion in the applicant’s officer selection record when he receives special selection board (SSB) consideration for the contested promotion board.  As for his request to adjust the close-out date of his Defense Meritorious Service Medal (DMSM) so that it may be considered during the contested promotion board, while we have determined the evidence provided by the applicant is sufficient to conclude that there was an inordinate delay in the processing of his OPR that caused it to not be timely filed in his records, the applicant has provided insufficient evidence that there was an error or injustice with respect to the processing of this award.  Inasmuch as it appears the DMSM was conferred upon the applicant on 28 Feb 12 based on his retirement (1 Mar 12), and he has presented insufficient evidence to establish that it should have been awarded to him prior to the contested promotion board, we find no basis to change the close-out of the award.  Therefore, we recommend the applicant’s records be corrected as indicated below. 

4.  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 this issues involved.  Therefore, the request for a hearing is not favorably considered.  

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THE BOARD RECOMMENDS THAT:

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

	a.  On 12 June 2011, the applicant acknowledged receipt of his AF Form 707, Officer Performance Report (Lt thru Col), rendered for the period 1 May 2010 thru 30 April 2011, by signing section VIII on 12 June 2011, rather than 21 June 2011.  

	b.  His corrected record, to include the aforementioned OPR, be considered for promotion to the grade of Lieutenant Colonel (Lt Col) by a Special Selection Board (SSB) for the Calendar Year (CY) 2011 Line and Health Professions Lieutenant Colonel Promotion Board (V0511B).  

If ARPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the individual ineligible for the promotion, such information will be documented and presented to the board for a final determination on the individual’s qualification for the promotion.  

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The following members of the Board considered AFBCMR Docket Number BC-2012-04613 in Executive Session on 12 Nov 13, 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 28 Sep 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, ARPC/CV, undated.
	 Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 13.
	 Exhibit E.  Letter, Applicant, undated, w/atchs.
	



                                   
                                   Panel Chair

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