RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02400
                 INDEX CODE:  131

                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The AF Form 77, Supplemental  Evaluation  Sheet,  for  the  period
16 April 1990 through 28 December 1990, be removed  from  her  Officer
Selection Record (OSR) and adjust the start date and close out date of
the preceding and subsequent Officer Performance Reports (OPRs).

2.  Her nonselections for promotion to the  grade  of  major,  by  the
Calendar Years 1997C and 1998B (CY97C & CY98B) major promotion  boards
and, the nonselection by the CY97C Special Selection Board  (SSB),  be
set aside.

3.  She have the opportunity to have her corrected record reviewed  by
the Senior Rater for the CY97C and CY98B selection boards to determine
whether the change would have  made  a  difference  on  the  promotion
recommendation forms (PRFs).

4.  Her record be corrected to show she was promoted to the  grade  of
major as if selected by the CY97C Central Major Board in-the-promotion
zone (IPZ).

5.  Her records be  corrected  to  include  restoration  of  all  pay,
benefits, and any other entitlements associated with  her  retroactive
promotion.

6.  In the applicant’s response to  the  Air  Force  evaluations,  she
requests that the AFBCMR direct her promotion to the grade of major as
if selected by the CY98B selection board to include  reinstatement  to
active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although the AFBCMR directed removal of a tainted Officer  Performance
Report (OPR) [on 4 June 1997, the report  was  replaced  with  an  Air
Force Form 77, for the period 16 Apr 90 thru 28 Dec 90] the correction
itself left her file substantially incomplete and  unfairly  portrayed
her performance.  The AFBCMR found her record in error and directed  a
special selection board (SSB) for promotion consideration to the grade
of major.  She was nonselected.  Therefore, the evidence  proves  that
even as corrected, her file remained tainted for purposes of promotion
consideration.

Applicant alleges that the AF Form 77  is  prejudicial  and  that  her
record was incomplete before the selection boards.  Obviously, the  AF
Form 77 “dilutes the effectiveness by holding that she is entitled  to
something less that she would have had if the erroneous  OPR  had  not
been made.

Applicant also  makes  numerous  allegations  that  both  central  and
special selection  boards  that  considered  her  for  promotion  were
illegal and conducted in violation of statute and DoD Directive.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant in the Regular  Air  Force
on 25 July 1986.

Applicant was considered and nonselected for promotion to the grade of
major by the Calendar Year 1997C (CY97C) (16 Jun 97) and CY98B (6  Apr
98) Central Major Selection Boards.

Applicant’s Officer Performance Report (OPR) profile is as follows:

          PERIOD ENDING            OVERALL EVALUATION

            15 Apr 90 (1LT)        Meets Standards
          * 28 Dec 90 (Capt)       AF Form 77
            28 Dec 91              Meets Standards
            28 Dec 92              Meets Standards
            15 Jul 93              Meets Standards
             1 Feb 94              Meets Standards
             1 Feb 95              Meets Standards
             1 Feb 96              Meets Standards
            13 Sep 96              Meets Standards
          # 28 Feb 97              Meets Standards
         ##  6 Jan 98              Meets Standards

#  Top report at time of nonselection to the grade of major
   by the CY97C Central Major Selection Board.

## Top report at time of nonselection to the grade of major
   by the CY98B Central Major Selection Board.

Available records reflect that the applicant was released from  active
duty in the Regular Air Force on 31 December 1998,  in  the  grade  of
captain, and transferred to the Air Force Reserve.  She  is  currently
serving in the Air Force Reserve.  Applicant was subsequently promoted
to the grade of major by the Fiscal Year 2000 (FY00) Air Force Reserve
Line Major and Position Vacancy Promotion Board.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Evaluation Programs  Branch,  HQ  AFPC/DPPPE,  states  that
first, adjusting the close out date of the previous OPR (15 Apr 90) is
not an option.  This report was a 365-day annual report.  There are no
provisions in AFR 36-10 or AFI 36-2402 allowing for a report  covering
over  12  months  to  exceed  120  days  of  supervision.   Similarly,
adjusting the “from” date of the subsequent  report  (28  Dec  91)  is
inappropriate, as it was also  an  annual  report  with  323  days  of
supervision.  Changing the “from” date would cause the report to cover
over 20 months, yet still have 323 days of  supervision.   Applicant’s
request would not restore her file “to the  same  condition  it  would
have been in,” but would serve  only  to  misrepresent  what  actually
occurred by attempting to mask over the period covered by  the  voided
OPR and AF Form 77.  Since there are no remedies to adjust  the  OPRs,
applicant presently has no recourse to have her record re-evaluated by
her  senior  rater  and  management  level  review  (MLR)   president.
Recommend her request be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

The Chief of Operations, Selection Board  Secretariat,  HQ  AFPC/DPPB,
states that the applicant makes numerous allegations pertaining to the
selection board processes.  She contends that the board members do not
see a complete select list; she challenges the scoring system used  by
central selection boards; she contends that the Air Force has  neither
developed nor  issued  standard  operating  procedures  for  selection
boards; and, that the quality review worksheet is not approved for use
and is used to allow officials not members of the board to communicate
their views to the board.  Applicant also contends that the below-the-
promotion zone (BPZ) offset was completed at the  panel  level  rather
than board  level,  and  that  the  special  selection  board  scoring
procedures are arbitrary and capricious.  However,  these  allegations
are unfounded.  The  applicant  bases  most  of  her  allegations  and
contentions on the legal issue of using panels.  AFPC/DPPB  defers  to
AFPC/JA for those responses.

A complete copy of the Air Force evaluation is attached at Exhibit  D.


The Chief, Appeals and SSB Branch, HQ AFPC/DPPPA, states that they  do
not believe the AF Form 77 was  prejudicial  nor  was  a  contributing
factor in the applicant’s nonselection by either the  CY97C  or  CY98B
selection boards.  The statements on the AF Form 77 are not viewed  in
a negative light by promotion boards or SSBs.   Further,  to  grant  a
direct promotion would be  unfair  to  all  other  officers  who  have
extremely competitive records and also did not  get  promoted.   Other
than her own opinion, the applicant has provided no substantiation  to
her allegations.  They recommend the applicant’s requests be denied.

A complete copy of the Air Force evaluation is attached at Exhibit  E.


The Staff Judge Advocate, HQ AFPC/JA,  reviewed  the  application  and
stated that it is the opinion  of  HQ  AFPC/JA  that  the  application
should be denied.  Applicant has failed to present  relevant  evidence
of any error or injustice warranting relief.

A complete copy of the Air Force evaluation is attached at Exhibit  F.


_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
1 March 1999 for review and response.  Applicant submitted a response,
with attachments, to include letters from her senior  rater,  dated  6
October 1997 and the President of the HQ NORAD Management Level Review
Board (MLRB), dated 6 November 1997,(Exhibit H) in which they  discuss
the applicant’s  promotion  recommendation  for  the  CY97C  selection
board.

The applicant also submitted additional documentation and states  that
her recent selection for promotion to the grade of major  by  the  Air
Force Reserve confirms her record is indeed competitive in any  fairly
operated selection process

Complete copies of the applicant’s responses,  with  attachments,  are
attached at Exhibits H and I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  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   warranting   favorable
consideration to a portion of applicant’s requests.  We note that  the
applicant, under the provisions of AFI 36-2401,  appealed  an  Officer
Performance Report (OPR) for the period closing 28 December  1990  and
the report was removed by the Secretary of the Air Force and  replaced
with an AF Form 77, Supplemental Evaluation Sheet, to document the gap
in her record.  This correction was made on 4 June 1997 just prior  to
the convening  of  the  Calendar  Year  1997C  (CY97C)  Central  Major
Selection Board.  However, the prejudicial referral OPR was  a  matter
of record when her Senior Rater and the Management Level Review  Board
(MLRB) considered the applicant for a promotion recommendation.  Since
the OPR was still a matter of record at the time of the  MLRB  review,
we do not believe the applicant was fairly considered for a  promotion
recommendation.  We also note the strong  supporting  statements  from
the Senior Rater and the  MLRB  President  indicating  that  with  the
referral OPR removed from her records, she would have  been  extremely
competitive  and  there  is  no  doubt  that  a  “Definitely  Promote”
recommendation would  have  been  appropriate.   We  cannot  determine
whether or not this error served to preclude the applicant from  being
selected for promotion to the grade of major but we do  believe  there
was an injustice.  Therefore, we recommend that her record, to include
the  “Definitely  Promote”  recommendation  on  the  CY97C   PRF,   be
considered for promotion to the grade of major  by  special  selection
board (SSB) for the CY97C Central Major Selection Board.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  with  regard  to  the
remainder of applicant’s requests.  Applicant’s  numerous  contentions
concerning the statutory compliance of the central  selection  boards,
the legality of the special selection board (SSB) process, the tainted
benchmark records and different  competitive  pool,  are  duly  noted.
However, after a  thorough  review  of  the  evidence  of  record  and
applicant’s submission, we are not persuaded that the AF Form 77,  for
the period closing 28 December 1990, should be removed; that the start
dates and close out dates of  the  preceding  and  subsequent  Officer
Performance Reports (OPRs) should be adjusted; that her  nonselections
for promotion to the grade of major, by the CY97C and CY98B  promotion
boards be set aside; or, that she receive a direct  promotion  to  the
grade of major with back pay and benefits.  We do not find applicant’s
assertions, in and by themselves, sufficiently persuasive to  override
the rationale provided by the Air Force.  We therefore agree with  the
recommendations of the Air Force and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden that she has suffered either  an  error  or  an  injustice.
Therefore, we find no compelling basis to recommend grantng the relief
sought.

5.  The documentation provided with this case was sufficient  to  give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without counsel, would not have  materially  added
to that understanding.  Therefore, the request for a  hearing  is  not
favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to  APPLICANT,  be  corrected  to  show  that  the  Promotion
Recommendation, AF Form 709, considered by  the  Calendar  Year  1997C
(CY97C) Central Major Selection Board (PO497C), be amended in  Section
IX, Overall Recommendation, to reflect:  “Definitely Promote.”

It is further recommended that her records, to include the amended  AF
Form 709, (PO497C), be considered for promotion to the grade of  major
by Special Selection Board (SSB) for the Calendar Year  1997C  Central
Major Selection Board.

_______________________________________________________________________
_______

The following members of the  Board  considered  this  application  in
Executive Session on 23 September 1999, under the provisions of AFI 36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Charles E. Bennett, Member
              Mr. Jackson A. Hauslein, Member

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

   Exhibit A.  DD Form 149, dated 21 Aug 98, w/atchs.
   Exhibit B.  Applicant's Officer Selection Record.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 1 Oct 98.
   Exhibit D.  Letter, HQ AFPC/DPPB, dated 2 Dec 98.
   Exhibit E.  Letter, HQ AFPC/DPPPA, dated 15 Dec 98.
   Exhibit F.  Letter, HQ AFPC/JA, dated 11 Feb 99.
   Exhibit G.  Letter, AFBCMR, dated 1 Mar 99.
   Exhibit H.  Applicant’s Letter, undated, w/atchs.
   Exhibit I.  Applicant’s Letter, undated, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair


INDEX CODE:  131

AFBCMR 98-02400




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   , be corrected to show that the Promotion
Recommendation, AF Form 709, considered by the Calendar Year 1997C
(CY97C) Central Major Selection Board (PO497C), be amended in Section
IX, Overall Recommendation, to reflect:  “Definitely Promote.”

      It is further directed that her records, to include the amended
AF Form 709, (PO497C), be considered for promotion to the grade of
major by Special Selection Board (SSB) for the Calendar Year 1997C
Central Major Selection Board.







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency