RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00784 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Officer Performance Report (OPR) closing 25 March 2004 be voided and replaced with a reaccomplished OPR with approved modifications. 2. His Promotion Recommendation Form (PRF) prepared for the Calendar Year 2004B (CY04B) Lieutenant Colonel Central Selection Board (CSB), be voided and replaced with a reaccomplished PRF with approved modifications. 3. His Officer Selection Record (OSR) prepared for the CY04B CSB be corrected to include the amended Meritorious Service Medal (MSM) dated 7 July 2004, for “Outstanding Achievement.” 4. He be given special selection board (SSB) consideration with his corrected record. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant contends the strength of the promotion recommendation on the PRF was negatively influenced by the erroneous stratification on the OPR; and his deployed information was not available to the senior rater when the PRF was written. The MSM dated 7 July 2004, was erroneously excluded from the CY04B promotion board. A corrected MSM was submitted on 24 May 2005, to the 26 September 2005 SSB; however, the MSM reflected “Meritorious Service” vice “Outstanding Achievement.” To correct the errors and injustice, he should meet an SSB with a complete and accurate record that includes the modified OPR, PRF, and corrected MSM. In support of his request, the applicant provides a legal brief with numerous attachments, copies of the contested OPR, PRF, OSB, and a reaccomplished OPR and PRF. 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 the grade of major, having assumed that grade effective and with a date of rank of 1 August 2000. His Total Active Federal Military Service Date is 12 November 1989. The applicant submitted two appeals for his OPRs closing out 25 March 2004 through the Evaluation Reports Appeals Board (ERAB) under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports. The ERAB approved his initial request and changed the stratification from “3/10” to “2/9.” His second request was disapproved IAW AFI 36-2401, which states a report is not erroneous or unfair because the applicant believes it contributed to a non-selection for promotion or may impact future promotion or career opportunities. The simple willingness by evaluators to upgrade, rewrite, or void a report is not a valid basis for doing so. For example, requests to add optional statements (such as PME, job/command "push" recommendation, or stratification) to an evaluation report or PRF will normally not form the basis for a successful appeal. As these statements are not mandatory for inclusion, their omission does not make the report inaccurate. It must be proven that a report is erroneous or unjust based on its content. The ERAB disapproved two other requests to have the applicant’s PRFs reaccomplished under the provisions of AFI 36-2401, which states changes to an officer's record of performance must, in effect, remove negative information from an officer’s record or add positive information which was not previously known. A simple administrative change to an evaluation report rarely meets this criteria. On 2 May 2005, AFPC/DPSOO approved the applicant’s request to amend the condition for his MSM from “Meritorious Service” to “Outstanding Achievement.” On 26 September 2005, the applicant was considered by an SSB; however, he was not selected. The applicant has six nonselections to the grade of lieutenant colonel by the CY04B, CY05A, CY06A, CY07B, and CY08B Cental Selection Boards (CSBs). The applicant’s OPR profile since 2000 as a major: PERIOD ENDING EVALUATION 8 Oct 00 Meets Standard (MS) 26 Jul 01 MS 21 Jan 02 MS 21 Jan 03 MS *# 24 Mar 04 MS 25 Mar 05 MS 25 Mar 06 MS * Contested Report # Top report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY04B (12 July 2004) CSB. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denial of the applicant’s request to replace his OPR and PRF. DPSIDEP states reports are considered accurate as written unless substantial evidence to the contrary is presented. Any report can be written to be hard-hitting to provide embellishment or enhance the ratee’s promotion potential. DPSIDEP states this is just an attempt to obtain another promotion opportunity. The applicant’s additional rater’s statement even alludes to an embellished report when referring to the personnel community indicating a bottom-line stratification of “1/8”, making a greater impact. Each version the applicant has submitted is more embellished than the last; however, the stratification remains the same, top 7 percent and any significant changes regarding the deployment are excluded. The only real change is a more embellished bottomline. It is evident in this case there is no purported error or injustice regarding the contested report other than the stratification. The appeal process does not exist to recreate history or enhance chances for promotion. The time to makes changes to a report is before it becomes a matter of record. The complete DPSIDEP evaluation is at Exhibit B. AFPC/DPSOO recommends denial of his request for SSB consideration based on the recommendation from DPSIDEP to deny the applicant’s request to replace his OPR and PRF. However, DPSOO recommends granting SSB consideration with the amended MSM citation. The complete DPSOO evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel states the most striking aspect of DPSIDEP’s opinion is the lack of analysis and concomitant reliance on unsupported conclusory remarks. Petitioners before the Board are advised to fully support and document each contention. On the other hand, DPSIDEP simply skips over all the points raised and substantiated by the applicant with worn shortcut buzz phrases like “recreate history” or “just an attempt to obtain another promotion opportunity” and “only real change is a more embellished bottomline.” Their analysis can be summed up in one line, “We’ve seen all this before; this guy just wants another shot at promotion.” It is sad to see the petition of an officer with the applicant’s service record given such short shrift. In regards to DPSOO’s recommendation to grant SSB consideration with the corrected MSM, the applicant agrees with this recommendation and reiterates his request for corrections to the OPR and PRF. In the event the Board does not see fit to grant the relief regarding the OPR and PRF, the applicant requests the corrected OPR (“2/9”), as approve by ERAB, be included in the subsequent SSB. The applicant’s counsel complete response is at 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. After carefully reviewing the evidence of record, we find that the contested OPR and PRF are neither unjust nor inaccurate and believe they should stand as written. 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. While the applicant’s counsel states that DPSIDEP “skips over the points raised and substantiated by the applicant,” we disagree. In our opinion, DPESIDEP has adequately addressed his contentions. The applicant also requests the corrected OPR as approved by the ERAB be included in the subsequent SSB, if the Board does not see fit to grant the relief requested regarding the OPR and PRF. Since the OPR was approved by the ERAB, it is now a matter of record and therefore will be available for the selection board’s review. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting correction of his OSB. In this respect, we note the citation to accompany the award of the MSM was issued using the incorrect condition and his officer selection brief (OSB) did not reveal he had been awarded the MSM. In view of the fact his OSB was incomplete and in an effort to provide him with fair and equitable consideration for promotion, we recommend his record with the corrected OSB be considered for promotion to the grade of lieutenant colonel by a SSB. Therefore we recommend his records be corrected as indicated below. 5. 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 the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Air Force Officer Selection Brief (OSB) prepared for the Calendar Year 2004B (CY04B) Lieutenant Colonel Central Selection Board, be amended in the "Decorations" section to reflect the Meritorious Service Medal, Year (YR) of 2004, and Number of Award (NR AWD) “1.” It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2004B Lieutenant Colonel Central Selection Board, with the inclusion of his corrected OSB. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2009-00784 in Executive Session on 25 February 2010, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2009-00784 was considered: Exhibit A. DD Form 149, dated 10 Feb 10, w/atchs. Exhibit B. Letter, AFPC/DPSIDEP, dated 14 Apr 09. Exhibit C. Letter, AFPC/DPSOO, dated 30 Apr 09, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 15 May 09. Exhibit E. Letter, Applicant’s Counsel, dated 9 Jun 09. Panel Chair AFBCMR BC-2009-00784 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116) it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Officer Selection Brief (OSB) prepared for the Calendar Year 2004B (CY04B) Lieutenant Colonel Central Selection Board, be amended in the "Decorations" section to reflect the Meritorious Service Medal, Year (YR) of 2004, and Number of Award (NR AWD) “1.” It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2004B Lieutenant Colonel Central Selection Board, with the inclusion of his corrected OSB. Director Air Force Review Boards Agency