AIR FORCE BOARD FOR,CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET "MBER:  95-02481 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 

An  Officer  Performance Report  (OPR) be  prepared  for the period 
26  May  91 through 28 Oct  9 2   and placed in his Officer Selection 
Folder  ( O S F ) ,   and that he be considered by a Special Review Board 
(SRB) . 
He be removed from the Retired Reserve and allowed to participate 
as a Category E Reservist, pending resolution of his board. 

APPLICANT CONTENDS THAT: 
An  OPR should have been in his records so that he could have been 
fairly evaluated for the work he did during that period vice the 
blank period of time it currently reflects. 

In  support  of  his  appeal,  the  applicant  provided  a  personal 
statement,  a  copy  of  the  proposed  OPR,  and  other  documents 
associated with the matter under review. 

Applicant's complete submission is at Exhibit A. 

STATEMENT OF FACTS: 

Applicant was  appointed  as  a  second  lieutenant, Reserve  of  the 
Air  Force on 6 May  72.  He was voluntarily ordered to extended 
active duty  (EAD)  on 15 Aug  72.  Information extracted from the 
Personnel Data System  (PDS) indicates that he was assigned to the 
Air Force Reserve on 2 Jun 80.  The applicant was relieved from 
his  current  assignment  and  assigned  to  the  Retired  Reserve 
Section  awaiting pay  on  3 Aug  93  in  the  grade  of  major.  His 
Paydate  is  6 May  72 and  he  is credited with  20 years, 2 months 
and  27  days  of  satisfactory  Federal  service.  He  will  become 
eligible to receive Reserve retired pay on 28 Jul 2010. 

Applicant's OER/OPR profile since 1986 follows: 

PERIOD ENDING 

EVALUATION 

# 

26 May 86 
26 May 87 
26 Nov 89 
2 6   May 91 

1-1-0 (NON-EAD) 
1-1-1 (NON-EAD) 
Meets Standards (WN-EAD) 
Meets Standards (NON-EAD) 
#  Top Report -  FY93  (8 Jun 92) and FY94(14 Jun 93) Reserve of the 
Air  Force  Line  and  Health  Professions  Lieutenant  Colonel 
Selection Boards. 

AIR STAFF EVALUATION: 

The  Directorate  of  Individual  Reserve  Programs,  HQ  ARPC/DR, 
reviewed this application and recommended denial.  DR noted that 
the applicant was considered and nonselected by the FY93 and FY94 
Reserve of  the Air Force Line and Health Professions Lieutenant 
Colonel Selection Boards that convened on 8 Jun 92  and 14 Jun 93, 
respectively.  At  the  time  of  applicant's  nonselections,  the 
applicant  was  a  major  in  the  United  States  Air  Force  Reserve 
(USAFR).  According to DR, the applicant's concern is that an OPR 
from the Defense Logistics Agency  (DLA) for the period 27 May  91 
through  8 Mar  92, was  not  included  in  his  Officer  Selection 
Folder  (OSF) for review, and he  feels this impacted the boards' 
decisions.  DR noted in a letter from the Office of the Secretary 
Legislative  Liaison  Off ice  (SAF/LL)  to  the  applicant s 
congressman  that  the  DLA  advised  HQ  ARPC's  Evaluation  Section 
that  a  report  would  not  be  written  because  there  were 
insufficient points  (16 points).  According to DR, DLA would have 
been notified that  a Directed by  HAF  report, waiving  the point 
requirement, was required for the FY93 Reserve of the Air Force 
Line and Health  Professions Lieutenant  Colonel  Selection Board. 
The  report  should  have  been  written  for  the  period  27 May  91 
through 8 Mar  92.  The applicant performed additional duty with 
the CAP, and wanted the CAP to render an OPR to cover the period 
in which  DLA did  not  provide  a  report.  However, DR  indicated 
that  the  report, by  Air  Force policy, must  be  prepared  by  the 
unit of assignment.  Therefore, the OPR written by the CAP cannot 
be accepted for file. 

DR stated that after several attempts by the Evaluations Section 
failed  to  retrieve  the  report,  an  AF  Form  77,  Supplemental 
Evaluation  Sheet,  was  filed  in  the  applicant's  OSF. 
The 
AF Form 77  indicated  that  the  applicant  was  not  rated  and  the 
report was not available due to administrative reasons. 

DR noted that at the time the applicant met  the FY94 Reserve of 
the  Air  Force  Line  and  Health  Professions  Lieutenant  Colonel 
Selection Board, his  O S F   included a Directed by  HAF  report  for 

2 

AFBCMR  95-02481 

the period  29 Oct  92 through 18 Mar  93.  The applicant was not 
selected by that board. 

According  to DR, the  applicant  could have  filed an application 
with  the  AFBCMR  after  the  FY93  Lieutenant  Colonel  Promotion, 
requesting an SRB, instead of waiting  to be  passed  over by  two 
promotion boards.  In DR's view, this would  have  enablehim to 
complete  the AFBCMR's action before  he  was  transferred  to  the 
Retired Reserve on 3 Aug 93.  Since the applicant was placed in 
the Retired Reserve as the result of being twice passed over for 
promotion,  he  cannot  be  removed  from  the  Retired  Reserve. 
Members can only be removed from the Retired Reserve if they meet 
the requirements for an assignment or as the result of a decision 
by the AFBCMR.  Since he the applicant was twice passed over, he 
would not meet the requirements for an assignment. 
A complete copy of the DR evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR STAFF EVALUATION: 

Applicant indicated that the purpose of his appeal is to set his 
records in order so that he would be  on equal plane with those 
who met  the  original board.  In order for this to happen, his 
records need to be corrected to show that he was transferred from 
the DLA to the CAP effective 27 May  91.  This would permit  the 
OPR  that  the Air  Force  Liaison Officer  to  the  New  Mexico  CAP 
generated covering that period, to be a valid OPR, since he did 
not  train with DLA during that period  and was not  informed his 
job was being eliminated until it was too late in the cycle.  The 
only  way  his  performance  can  fairly  be  evaluated  is  by 
transferring him  to where he really worked, the OPR  from CAP be 
accepted, he be  supplementally considered for promotion, and he 
be permitted to continue as a reservist until the results of the 
supplemental boards are released. 

Applicant's complete response is at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2 .   The application was timely filed. 
3. Sufficient relevant evidence has been presented to demonstrate 
the existence of probable error or injustice.  After a review of 
the available evidence, we are persuaded that an OPR should have 
been prepared by DLA prior  to the applicant's consideration for 
promotion to the grade of lieutenant colonel by the FY93 Reserve 
of  the Air  Force Line and Health Professions Lieutenant  Colonel 

3 

AFBCMR 95-02481 

Selection Board.  However, DLA  refused to do so.  The result was 
that the applicant was considered by the selection board with an 
inaccurate record.  We  did  note, however, that  the  applicant's 
supervisors in the CAP were willing to write an OPR for insertion 
in his record but were prohibited from doing so by policy.  Since 
the applicant should have had a OPR in his record and did not, we 
agree that  he was not  fairly considered by  the FY93 Reserve of 
the  Air  Force  Line  and  Health  Professions  Lieutenant Tolone1 
Board. 
In  view  of  the  DLA  refusal  to  prepare  a  report, we 
believe an exception to policy should be made  in this case, and 
the  CAP  should be  allowed to prepare  a  report  for insertion in 
the  applicant's records  and  his  records  considered  by  SRBs  in 
lieu  of  the  FY93  and  FY94  Reserve  of  the  Air  Force  Line  and 
Health  Professions  Lieutenant  Colonel  Selection  Boards. 
Accordingly,  we  recommended  that  his  records  be  corrected  as 
indicated below. 
4.  We noted the applicant's request that he be removed from the 
Retired  Reserve  and  allowed  to  participate  as  a  Category  E 
Reservist  pending  a  resolution  by  the  Board. 
However,  the 
applicant  was  assigned  to  the  Retired  Reserve  as  a  result  of 
being twice passed over for promotion.  Since we have no evidence 
that the applicant would have been selected for promotion had he 
been  fairly  considered,  we  believe  the  above  recommended 
corrective action is the appropriate relief at this time.  If it 
is  the  recommendation of  an  SRB  that  the  applicant  would  have 
been promoted, we will again consider this request. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that an AF Form 707A, 
Field Grade  Officer  Performance  Report  (OPR), prepared  for  the 
period  27  May  91  through  28  Oct  92  by  the  Civil  Air  Patrol 
(provided he submits an original, completed copy of the OPR) , be 
accepted for file in its proper sequence. 

If  a  completed  copy  of  the  OPR  is  accepted  for  file,  it  is 
further recommended that  his record be  considered  for promotion 
to  the  grade  of  lieutenant  colonel,  Air  Force  Reserve,  by  a 
Special Review Board; that his record be evaluated in comparison 
with  the  records of  officers who were  and were  not  selected by 
the  FY93  and  FY94  Reserve  of  the  Air  Force  Line  and  Health 
Professions Lieutenant Colonel  Selection Boards; which  convened 
on  8  Jun  92  and  14  Jun  93,  respectively;  and,  if  he  is 
recommended for promotion by  an SRB, that  the  recommendation of 
the Special Review Board be forwarded to the Air Force Board for 
Correction of Military Records  at  the  earliest practicable  date 
so that all necessary and appropriate actions may be taken. 

4 

AFBCMR 95-02481 

The following members of the Board considered this application in 
Executive Session on 28 Oct  97, under the nrovisions of AFI  36- 
2603 : 

L 

Mr. Vaughn E. Schlunz, Panel Chair 
Mr. Joseph G. Diamond, Member 
Mr. Patrick R. Wheeler, Member 

All  members voted  to correct  the records, as 
following documentary evidence was considered: 

recommended.  The 

Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 

A.  DD Form 149, dated 4 Aug 95, w/atchs. 
B.  Applicant's Master Personnel Records. 
C.  Letter, ARPC/DR, dated 2 Nov 95. 
D.  Letter, SAF/MIBR, dated 27 N o v   9 5 .  
E.  Letter, applicant, dated 1 Dec 95. 

d 4 w k  

VAUG N E. SCHLUNZ 
Panel Chair 

5 

AFBCMR  9 5 - 0 2 4 8 1  

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN 1 2  1998 

Office of the Assistant Secretary 

AF'BCMR 95-02481 

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: 

ords of the Department of the Air Force relating to 
corrected to show that an AF Form 707A, Field Gra 

epared for the period 27 May 91 through 28 Oct 92 by the Civil 
original, completed copy of the OPR), be accepted for file in 

its proper sequence. 

If a completed copy of the OPR is accepted for file, it is further directed that his record be 

considered for promotion to the grade of lieutenant colonel, Air Force Reserve, by a Special 
Review Board; that his record be evaluated in comparison with the records of officers who were 
and were not selected by the FY93 and FY94 Reserve of the Air Force Line and Health 
Professions Lieutenant Colonel Selection Boards; which convened on 8 Jun 92 and 14 Jun 93, 
respectively; and, if he is recommended for promotion by an SRJ3, that the recommendation of 
the Special Review Board be forwarded to the Air Force Board for Correction of Military 
Records at the earliest practicable date so that all necessary and appropriate actions may be 
taken. 

&& .  NEBERG 

I/ Director 

Air Force Review Boards Agency 

W