RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00232

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.    The Officer Performance Reports (OPRs), closing 7  March  1991,  1992,
1993, 1994 and 14 November 1994, be replaced with  corrected  OPRs  covering
the same periods.

2.    He be promoted to the Reserve grade of colonel effective 18 May  1996,
with all back pay and allowances.


APPLICANT CONTENDS THAT:

The current performance reports do not  accurately  reflect  the  scope  and
depth of his activities during the specified periods and contributed to  his
promotion nonselection.

The applicant states that the leadership at his former  unit  was  deficient
and the commander was not aware  of  the  significance  or  the  appropriate
manner in which OPRs  should  be  prepared.   He  also  believes  the  State
headquarters was remiss in allowing his  records  to  be  forwarded  without
correction.

In  support  of  the  appeal,  applicant  submits  reaccomplished  OPRs,   a
statement from the former Air Surgeon for the National Guard,  and  his  own
personal statement.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.





AIR FORCE EVALUATION:

The Acting Chief,  Utilization,  ANG/MPPU,  reviewed  this  application  and
recommends relief in part.  They recommend removal of  the  old  performance
reports and insertion of the new performance reports  into  the  applicant's
official record.  The original performance reports do not fully reflect  the
applicant's contributions to the Air  Force  and  the  Air  National  Guard.
These revised reports truly reflect the performance of the  applicant.  They
also recommend the applicant be considered by the next  Air  National  Guard
Colonel Federal  Recognition  Review  Board.   They  believe  the  applicant
should be afforded the  chance  to  compete  for  promotion  with  the  most
accurate personnel  information.   They  see  a  clear  injustice  that  has
befallen the applicant.  Attached are letters from the  Air  National  Guard
Assistant to the Air Force Surgeon General, and the former Surgeon  for  the
Air National Guard, documenting the applicants performance, leadership,  and
accomplishments.

ANG/MPPU states that they did not recommend promotion by the AFBCMR  because
they are concerned about setting a precedence for promotion within the  ANG.
 They want every officer promoted to meet a Federal Recognition Board.   The
ANG Colonel Review Board is for position vacancy promotions.  The  ANG  does
not have mandatory promotion boards to the rank  of  Colonel.   This  policy
ensures equal treatment and promotion fitness for  all  officers.   If  this
officer is truly deserving of promotion, he or she will be promoted  on  his
or her merits.  If selected by the Federal Recognition  Review  Board,  they
recommend the applicant's Promotion Service Date (PSD) be not later than  30
June 1998.  They believe a Federal Recognition Review Board with a  PSD  not
later than 30 June 1998, is not only fair and equitable for  the  applicant,
but for the others that have been twice passed over  for  promotion.   Their
policy has been and will continue to reflect this position in  the  interest
of fairness for all officers of the Air National Guard.

Complete copies of the Air Force evaluations are attached at  Exhibit  C,  E
and F.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states  that  from  the
initiation of this action,  he  has  been  under  the  guidance  of  ANG/MPP
personnel.  One  of  the  first  things  discussed  was  the  need  for  the
signature of the additional rater and  one  reviewer.   He  was  advised  by
ANG/MPP personnel that since there were no changes made to  those  sections,
no new signatures were required.  In regard to the  other  officers  on  the
reports, the applicant indicates that he has been  unable  to  contact  them
due either their retirement or relocation.

The applicant’s complete response is attached at Exhibit H.


THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application, as pertains to the OPR closing 14 November  1994  and
promotion to the grade of colonel effective 18 May 1996 were  timely  filed.
The remainder of applicant’s requests were not timely filed; however, it  is
in the interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice to warrant  voiding  the  contested
reports,  replacing  them  with  reaccomplished   reports,   and   promotion
consideration  by  a  Special  Review  Board.  The  applicant  contends  the
contested reports are not accurate reflections  of  his  performance  during
the periods in question because the unit commander  was  not  aware  of  the
significance of the appropriate manner in which  OPRs  should  be  prepared.
The Air Surgeon for the National Guard and the  ANG  Assistant  to  the  Air
Force Surgeon General have provided statements in  the  applicant’s  behalf.
Based on these statements it appears the  contested  reports  do  not  fully
reflect the applicant’s contributions to the Air Force during the  contested
periods.  In view of these statements  from  senior  ANG  officers  and  the
favorable recommendation from the ANG,  we  believe  the  contested  reports
should be removed  from  the  applicant’s  records  and  replaced  with  the
reaccomplished  reports  he  has  provided.   The  applicant  also  requests
promotion to the grade of colonel with a PSD of 18  May  1996;  however,  in
the absence of clear-cut evidence that  he  would  have  been  selected  for
promotion, we believe he should be considered  for  promotion  by  the  next
Federal Recognition Board, and  if  selected,  he  be  awarded  a  promotion
service date (PSD) of 30 June 1998 (the cutoff for the  ANG  Colonel  Review
Board).  We note that officers compete for promotion under the whole  person
concept whereby performance reports are but one of many  factors  considered
by board members.  The ANG Colonel Review  Board  is  for  position  vacancy
promotions which ensures equal  treatment  and  promotion  fitness  for  all
officers.  Furthermore, the ANG does not have mandatory promotion boards  to
the rank of colonel.  In view of this,  we  believe  a  Federal  Recognition
Board, applying the complete promotion criteria is in the most  advantageous
position to render this vital determination, and that its prerogative to  do
so should only be usurped under extraordinary circumstances.  Therefore,  we
recommend the applicant’s records  be  corrected  to  the  extent  indicated
below.



THE BOARD RECOMMENDS THAT:

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

      a.    The Field Grade Officer  Performance  Reports  (OPR),  AF  Forms
707A, rendered for the periods 8 March 1990 through 7 March  1991,  8  March
1991 through 7 March 1992, 8 March 1992 through 7 March 1993, 8  March  1993
through 7 March 1994,  and  8  March  1994  through  14  November  1994,  be
declared void and removed from his records.

      b.    The attached OPR rendered for the period 8  March  1990  through
8  March 1991, reflecting the last sentence in  Section  VI,  Rater  Overall
Assessment, “He is a valued member of the  Clinic  Executive  staff  and  is
ready for greater responsibility.”,  be  placed  in  the  Officer  Selection
Record (OSR) in its proper sequence.

      c.    The attached OPR rendered for the period 8  March  1991  through
8 March 1992, reflecting the last sentence  in  Section  VI,  Rater  Overall
Assessment, “There are none better anywhere in the  Guard.”,  be  placed  in
the OSR in its proper sequence.

      d.    The attached OPR rendered for the period 8  March  1992  through
8 March 1993, reflecting the last sentence  in  Section  VI,  Rater  Overall
Assessment, “Challenge him!”, be placed in the OSR in its proper sequence.

      e.    The attached OPR rendered for the period 8  March  1993  through
8 March 1994, reflecting the last sentence  in  Section  VI,  Rater  Overall
Assessment, “Ready for more responsibility.”, be placed in the  OSR  in  its
proper sequence.

      f.    The attached OPR rendered for the period 8  March  1994  through
14 November 1994, reflecting the last sentence in Section VI, Rater  Overall
Assessment, “Ready for more responsibility.”, be placed in the  OSR  in  its
proper sequence.

It is further recommended that he be considered for promotion to  the  grade
of colonel by the Fiscal  Year  1999  Air  National  Guard  Colonel  Federal
Recognition Review Board, and if selected and confirmed by  the  Senate,  he
be promoted to the grade of colonel with a  promotion  service  date  of  30
June 1998.


The following members of the Board considered this application in  Executive
Session on 15 October 1998, under the provisions of AFI 36-2603:




                  Mr. Robert D. Stuart, Panel Chair
                  Mr. Henry Romo, Jr., Member
                  Mr. Richard A. Peterson, Member

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

      Exhibit A.  DD Form 149, dated 29 May 97, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ANG/MPPU, dated 15 Jan 98.
      Exhibit D.  Letter, AFBCMR, dated 9 Feb 98.
      Exhibit E.  Letter, ANG/MPPU, dated 3 Mar 98.
      Exhibit F.  Letter, ANG/MPPU, dated 16 Mar 98.
      Exhibit G.  Letter, AFBCMR, dated 28 Apr 98.
      Exhibit H.  Letter, Applicant, dated 5 May 98, w/atchs.




                                  ROBERT D. STUART
                                  Panel Chair



AFBCMR 98-00232




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:

      a.    The Field Grade Officer Performance Reports (OPR), AF Forms
707A, rendered for the periods 8 March 1990 through 7 March 1991, 8 March
1991 through 7 March 1992, 8 March 1992 through 7 March 1993, 8 March 1993
through 7 March 1994, and 8 March 1994 through 14 November 1994, be, and
hereby are, declared void and removed from his records.

      b.    The attached OPR rendered for the period 8 March 1990 through
8  March 1991, reflecting the last sentence in Section VI, Rater Overall
Assessment, “He is a valued member of the Clinic Executive staff and is
ready for greater responsibility.”, be placed in the Officer Selection
Record (OSR) in its proper sequence.

      c.    The attached OPR rendered for the period 8 March 1991 through
8 March 1992, reflecting the last sentence in Section VI, Rater Overall
Assessment, “There are none better anywhere in the Guard.”, be placed in
the OSR in its proper sequence.

      d.    The attached OPR rendered for the period 8 March 1992 through
8 March 1993, reflecting the last sentence in Section VI, Rater Overall
Assessment, “Challenge him!”, be placed in the OSR in its proper sequence.

      e.    The attached OPR rendered for the period 8 March 1993 through
8 March 1994, reflecting the last sentence in Section VI, Rater Overall
Assessment, “Ready for more responsibility.”, be placed in the OSR in its
proper sequence.

      f.    The attached OPR rendered for the period 8 March 1994 through
14 November 1994, reflecting the last sentence in Section VI, Rater Overall
Assessment, “Ready for more responsibility.”, be placed in the OSR in its
proper sequence.

      It is further directed that he be considered for promotion to the
grade of colonel by the Fiscal Year 1999 Air National Guard Colonel Federal
Recognition Review Board, and if selected and confirmed by the Senate, he
be promoted to the grade of colonel with a promotion service date of 30
June 1998.


                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency