RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01036 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The Officer Performance Report (OPR) rendered for the period 21 Jan 05 through 20 Jan 06 be replaced with an amended report he has provided. 1. His record, to include the amended report, be considered by a Special Selection Board (SSB) for the Calendar Year 2008 (CY08B) Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: The contested report had no stratification due to misunderstandings on the part of his rater and additional rater. Also, he did not receive the same level of review as his peers. In support of his appeal, the applicant provides a personal statement, copies of the original January 2006 performance report, the amended performance report, and letters from his rater and additional rater. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of major. The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY08B and CY09B CSBs. Applicant’s OPR profile is listed below. PERIOD ENDING OVERALL EVALUATION 30 Apr 01 Meets Standards (MS) 24 Aug 01 TNG RPT 30 APR 02 MS PERIOD ENDING OVERALL EVALUATION 20 Jan 03 MS 20 Jan 04 MS 20 Jan 05 MS *20 Jan 06 MS 20 Jan 07 MS 20 Jan 08 MS 20 Jan 09 MS *Contested Report The applicant filed an appeal with the Evaluation Report Appeals Board (ERAB). The ERAB denied his request. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denial. DPSIDEP notes a report is not erroneous or unfair because the individual believes it contributed to a nonselection for promotion or may impact future promotion or career opportunities. The Board recognizes that nonselection for promotion is, for many, a traumatic event, and the desire to overturn that nonselection is powerful motivation to appeal. Furthermore, the Board is careful in keeping the promotion and evaluations issues separate. The willingness by evaluators to upgrade, rewrite or void a report is not a valid basis for doing so. The request to add optional statements to an evaluation report or PRF will normally not form the basis for a successful appeal, as these statements are not mandatory for inclusion and their omissions does not make the report inaccurate. The applicant must prove the contested report is erroneous or unjust based on its content. Furthermore, the stratification is not a mandatory comment and the absence of stratification does not make the report inaccurate or unjust. The complete AFPC/DPSIDEP's evaluation is at Exhibit C. AFPC/DPSOO recommends denial for SSB consideration based on the AFPC/DPSIDEP advisory. The complete AFPC/DPSOO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Jun 10, for review and comment within 30 days. 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. The applicant believes the absence of stratification on the report in question led to his nonselection for promotion. We note the lack of stratification on a performance reports does not make the report inaccurate or unjust. Air Force policy is that statements such as, PME, “push” recommendation or stratification are not mandatory for inclusion on performance reports. We find the evidence submitted, to include the statements from his rating chain, provide no evidence which would lead us to believe the contested report is not an accurate assessment of his performance during the period in question, was erroneously prepared, or that the assigned rating was in error or contrary to the provisions of the governing instruction. Therefore, we find no basis to recommend granting the relief sought in this application. 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 the issues involved. Therefore, the request for a hearing is not favorably considered. ____________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01036 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01036 was considered: Exhibit A. DD Form 149, dated 8 Mar 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 10. Exhibit D. Letter, AFPC/DPSOO, dated 21 May 10. Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10. Panel Chair