DEPARTMENT OF THE AIR  FORCE 

WASHINGTON,  DC 

Office of the Assistant Secretary 
AFBCMB 96-01357 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the &r  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 

ilitary records of the Department of the Air Force relating t 
be corrected to show that 

a. 

The Field Grade Officer Performance  Report (OPR), AF Form 707A, rendered for 

the period 22 June  1995 through 30 April 1996 and reflecting a grade of major, be, and hereby is, 
declared void and removed from her records 

b.  The attached  Field  Grade Off-icer Performance  Report,  AF  Form  707A, rendered 
for  the  period  22  June  1995 through  30  April  1996, reflecting  a  grade  of  lieutenant  colonel,  be 
amended  in  Section V by placing an "X" in  each  "MEETS STANDARDS" block  and the amended 
report be inserted in her Officer Selection Folder in its proper sequence. 

I/  Director 

U 

Air Force Review Boards Agency 

Attachment : 
Reaccomplished OPR, 22 Jun 95 - 30 Apr 96 

ADDENDLW TO 

RECORD OF PROCEEDINGS 

A I R   FORCE 

BOARD FOR  CORRZCTLION OF MILITARY RECORDS 

IN THE  MATTER OF: 

FEB  2  .jCqcj 

E.  ! *. 

D3CKET  NUMBER:  96-01357 
CG?UI\JSEL:  NONE 
ZEARING DESIRED:  YES 

RESUME OF CASE: 

In  an  application  dated  8  May  1996,  applicant  requested  the 
following: 

1.  Set aside her nonselectior  f o r   promotion tc  the grade of 
lieutenant colonel by  the Calendar Year  1994A  (CY94A) Lieutenant 
Colonel Board. 

2.  Upgrade the Promotion Reconmendation Form  iPRF) prepared 
for  the  CY94A  Lieutenant  Colonel  i33ard  to  "Definitely  Promote" 
(DP) - 

3.  She be promoted to the grzlde  of lieutenant colonel as if 
selected  by  the  CY94A  Lieutenant  Colonel  Board,  to  include 
restoration of all pay, benefits and any other entitlements. 

On  29  April  1997,  the  Board  considered  and  partially  granted 
applicant's  request to replace  :he  contested PRF and provide  her 
consideration for promotion to :he  qzade of  lieutenat colonel by 
SSB  for  the  CY94A Central  Lieu'Ler?ar,t Colonel  Board.  A  complete 
copy of the Record of Proceedings is attached at Exkibit  I. 

Applicant  was  considered and selected f o r   promotion  to the  grade 
of  lieutenant  colonel by  SSB which  convened on 2 September 1997. 
She was retroactively promoted effective and with date of rank of 
1 April  1996. 

Applicant  submitted  additional  infxmation,  dated  27  February 
1998,  requesting that block  3  of  :he  Officer  Performance  Report 
closing  30 April  1996  be  correczed  to  reflect  a  rank  of 
lieutenant  colonel,  that  the  boazc  stamp  be  removed  from  this 
report,  and  that  all  references 
"corrected  copy"  be  removed 
(Exhibit J).  In support of  her  request,  she  submits statements 
from her rating chain and a reacconplished report.  Her case has 
been reopened at this time f o r   consideration of these issues. 

AIR  FORCE EVALUATION: 

AFBCMR 96-01357 

colonel 

select. 

The  Chief,  Appeals  and  SSB  Branch,  AFPC/DPPPA,  reviewed  the 
request and  states that while  applicant's  evaluators  concur with 
her  request,  it  is  inappropriate  to  alter  the  grade  on  the 
contested  report.  At  the  time  the  report  was  written,  she was 
evaluated  as  a  major,  not  a  lieKtenant  colonel  or  even  a 
lieutenant 
Therefore,  she  was  given 
responsibilities, 
for 
Professional  Military  Education  (PME) and  future  jobs,  etc. I 
based  on  her  actual  grade  at  the  E-me  the  report  das  rendered. 
Her raters considered her a malor when they wrote  the report and 
compared her to other majors ana theiz level of responsibilities. 
The proper procedure  to correct the qrade on a report rendered on 
an individual who is retroactively promoted  is to aod a statement 
to  the  margin  of  the  report.  They  would  have  no  objection  to 
having  a  statement  added  to  the  rargin of  the  contested  report 
and having the board stamp removed. 

- -obs,  and 

recommended 

placed 

in 

A compiete copy of the evaluation  1s attached at Exhibit K O  

APPLICANT'S REVIEW OE AIR  FORCE EVALUATION: 

Applicant  reviewed the Air  Force evaluation and has provided  her 
response which is attached at Exhibit M. 

THE BOARD CONCLUDES THAT: 

1.  Essentially  applicant  requests  chat  the  contested  Officer 
Performance  Report  (OPR) closing  30  April  1996  bp  removed  and 
replaced  with  a  reaccomplished  report  reflecting  her  grade  as 
lieutenant  colonel  with  no  indication  that  this  is  a  corrected 
copy and no board stamp.  In support of her request, she provides 
letters  from  her  rating  chain  on  the  contested  report.  After 
thoroughly reviewing the documentation, the following conclusions 
and recommendations are made: 

a ,   The  Board  maJority  is  not  persuaded  that  the  report 
should  be  replaced,  thereby  reflecting  her  grade  3s  lieutenant 
colonel.  Duly noted  are  the  statements  from  applicant's rating 
chain indicating  support to  change her  rank  on the basis  of  her 
retroactive  promotion.  However,  as  indicated by  the Air  Force, 
this OPR was written  on the  applicant while  she was  a major  and 
after  thoroughly  reviewing  the  circumstances  of  the  case,  the 
Board majority is persuaded that, t h e   yrade should remain ''major." 
Applicant's  situation  is  not  znique,  therefore,  the  majority 
concludes  that  she  is  being  treated  no  differently  than  other 
individuals  similarly  situated.  However,  the  majcrity  believes 
the  governing  instruction  does  authorize  the  adding  of  the 
statement  "The ratee was  retroactively promoted  to  the  grade  of 

2 

AFBCMR 96-01357 

lieutenant  colonel;  however,  s h e   was  serving  in  the  grade  of 
major  when  this  report  was  rendered."  Therefore,  we  recommend 
adding this statement to the contested  report. 

b.  With  respect  to  the  "corrected  copy"  issue,  it  appears 
that  applicant's request  is basec  on  the principles  followed  in 
Special  Selection Boards  (SSBs) 1cc;  "mask"  corrections;  however, 
while  this  may  be  appropriate  f c r   SSBs,  in  the  opinion  of  the 
majority  of  the  Board,  this  I s   not  appropriate  for  routine 
administrative  tasks.  Thus the Board majority  is persuaded  that 
the file should be annotated, 

c.  Regarding  the board  stamp issue, we are persuaded  that it 
In this  respect,  the 
should be  removed  from the contested  O P R .  
board  date  reflected  on the report  1s the  convening  date  of  the 
Calendar Year  1996C  (CY96C) Central  Lieutenant Colonel Board  for 
which this OPR was  the top report and during which  applicant was 
initially  selected  for promotion.  However,  applicant's  records 
have  been  corrected  to  reflect  that  she  was  retroactively 
promoted as though selected by the CY94A board; thus, there would 
be  no  reason  f o r   this  board  date  to  continue  to  exist  on  the 
Therefore,  we  recommend  the  board  stamp  be 
contested  report. 
removed from the contested report. 

2.  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  o f   the  issue(s) 
involved.  Therefore,  the request  fclr  a hearing  is not  favorably 
considered. 

THE BOARD RECOMMENDS THAT: 

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

a.  The  Field  Grade  Officer  Performance  Report  ( O P R ) ,   AF  Form 
707A, rendered  for the period  22 June  1995 through  30 April  1996 
adding the following statement in the margin of the 
be amended by 
report: 

"The ratee 
lieutenant 
ma] or when 

b.  The  board 
aformentioned 

was retroactively promoted to the grade of 
colonel; however, she was serving in the grade of 
this report was rendered. I' 
stamp,  "JUL  08  1996,"  affixed  to  tke  top  of  the 
OPR, be removed. 

AFBCMR 96-0 13 57 

The following members of the Bozlrd  considered this application in 
Executive Session on 2 November  1998, under the provisions of AFI 
36-2603: 

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Charles E. Bennett, Member 
Mr.  John  L. R o b u x ,  Member 

By majority vote, the Board recommended denial of the application 
to  replace  the  contested  report;  however,  they  did  recommend 
corrections  to  the  record,  as  .indicated.  Mr.  Beniiett  voted  to 
correct  the  records  as  requested by  applicant 
but  does not  wish 
to submit a minority report. 

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

recommended.  The 

Exhibit  1 ,  ROP, dated 17 J ~ l c  97, w/atchs, 
Exhibit J. Applicant‘s Lettez, dated 27 Feb 
Exhibit K.  Letter, AFPCIDPPPA, dated 13 Apr 
Exhibit L.  Letter, AFBCMR, dated 27 Apr  98. 
Exhibit M. Applicant’s Resporse, undated. 

98. 
98. 

,<’’ 

THOMAS S. MARKIEWICZ 
Panel Chair