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AF | BCMR | CY1999 | 9802300
Original file (9802300.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02300
            INDEX CODE:  111.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Reports (OPRs) rendered for  the  periods  21  March
1992 through 20 March 1993, 21 March 1993 through  20  March  1994,  and  21
March 1994 through 20  March  1995,  be  declared  void  and  replaced  with
reaccomplished reports covering the same period.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPRs did not include appropriate recommendations for PME.  As stated  by
raters, this was either due to an oversight by the rater  due  to  a  policy
change (20 March 1993) or due  to  the  misconception  that  this  statement
would be a prohibited veiled promotion statement (20 March  1994,  20  March
1995).

In support of the appeal, applicant submitted a copy  of  an  AF  Form  948,
Application for Correction/Removal of Evaluation Reports; a memorandum  from
AFPC/DPPPA; statements from  the  rating  chain  members  of  the  contested
reports with the exception of the reviewer of the 20  March  1995  OPR,  and
reaccomplished reports.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY97C lieutenant colonel board which  convened  on
21 July 1997.  He was considered and  not  selected  for  promotion  to  the
grade of lieutenant colonel by the the CY98B lieutenant colonel board  which
convened on 1 June 1998.

On 14 September 1998, based on a correction to his Promotion  Recommendation
Form (PRF) for the CY97C Board, applicant was considered  and  selected  for
promotion to the grade of lieutenant  colonel  by  Special  Selection  Board
(SSB) for the CY97C lieutenant colonel board.

OPR profile since 1991, follows:

       PERIOD ENDING             EVALUATION OF POTENTIAL

         20 Mar 91     Meets Standards
         20 Mar 92     Meets Standards
        *20 Mar 93     Meets Standards
        *20 Mar 94     Meets Standards
        *20 Mar 95     Meets Standards
         20 Mar 96     Meets Standards
         20 Mar 97     Meets Standards
          3 Mar 98     Meets Standards

    *Contested Reports


_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the application  and
states that there  has  never  been  a  prohibition  on  PME  recommendation
statements since the implementation of the Officer Evaluation System  (OES).
 PME recommendations are considered optional statements.  They quote AFR 36-
10, para 7a, states in part, “...recommendations to select for a  particular
assignment, PME, augmentation, continuation, or  indefinite  reserve  status
are appropriate...)  Therefore,  the  omission  of  the  statements  on  the
original reports was not erroneous.

In reference to the applicant being considered  for  SSB,  they  state  that
there  is  no  clear  evidence  that  omission  of  an  optional   statement
negatively impacted his promotion opportunity.  Central boards evaluate  the
entire officer selection  record(OSR)...assessing  whole  person  factors...
They further note that a PME recommendation is not a determining  factor  or
guarantee of promotion selection by  the  promotion  board.   The  selection
board had his entire officer selection  record  that  clearly  outlines  his
accomplishments since the date  he  came  on  active  duty.   They  are  not
convinced the omission of the PME statements from the three  contested  OPRs
caused the applicant’s nonselection.  Therefore, they are  strongly  opposed
to the applicant receiving SSB consideration on this issue.

Based on  the  evidence  provided,  they  recommend  denial  of  applicant’s
request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that he  was  unaware
of the importance of PME recommendations, as  were  his  raters,  until  his
records were reviewed at AFPC.  He states  that  all  the  rating  officials
from these OPRs clearly admit that the omission of these statements  was  an
oversight that needs to be corrected.

In reference to the Air Force’s statement that the statements  are  optional
and not a determining factor, he states that they fail  to  realize  reality
does  not  always  match  regulation.   In  reference  to  the  Air  Force’s
statement that there never has been a  prohibition  on  PME  recommendations
since the implementation of the OES, he states that they are simply  unaware
of unwritten, local policies that have been in place, often  in  error.   He
did not state that this was a formal  USAF  policy,  only  that  he  request
correction of  an  error  due  to  a  misunderstanding  of  that  policy  be
corrected.

He further states that it is not too late, and correction of these OPRs  can
make a difference.  His record is his  only  representative  at  USAF  level
boards.  He strongly urge the board to make it an accurate  history  of  his
performance.

Applicant's complete response, with attachments, is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error  or  injustice.   After  reviewing  evidence  of
record, we are not persuaded that the applicant has been a victim  of  error
or injustice.  While the applicant has submitted statements from the  rating
chain members, these statements do not  provide  sufficient  information  to
substantiate that  a  policy  existed  prohibiting  PME  recommendations  on
performance reports.  In view of the above findings and in  the  absence  of
more detailed  statements  from  these  individuals,  we  do  not  recommend
favorable action on this application.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 26 January 1999, under the provisions of AFI 36-2603:

             Ms. Rita S. Looney, Panel Chair
             Mr. Terry A. Yonkers, Member
             Ms. Patricia D. Vestal, Member
             Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Aug 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPA, dated 11 Sep 98.
   Exhibit D.  Letter, AFBCMR, dated 28 Sep 98.
   Exhibit E.  Applicant's Response, dated 6 Oct 98, w/atchs.




                                   RITA S. LOONEY
                                   Panel Chair


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