RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02897
INDEX CODE: 111.01, 131.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Officer Performance Report (OPR) rendered for the period
2 Jun 96 through 1 Jun 97 and his Promotion Recommendation Form (PRF)
for the Calendar Year 1997C (CY97C) Lieutenant Colonel Board be
corrected to reflect his selection as an Air Combat Command (ACC)
squadron commander candidate.
2. His corrected record be considered by Special Selection Board
(SSB) for the CY97C Lieutenant Colonel Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His officer selection record (OSR) was erroneous when he was
considered for promotion to the grade of lieutenant colonel by the
CY97C board because his rater inadvertently omitted his selection as
an ACC squadron commander candidate from his 1 Jun 97 OPR and his
CY97C PRF.
In support of his appeal, the applicant provided a copy of an e-mail
excerpt, a copy of the contested and revised versions of the OPR,
memorandums of support from the rater and additional rater, a copy of
the CY97C PRF and proposed replacement PRF (unsigned and unmarked by
senior rater), and a copy of AFPC/DPPPA’s memorandum.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is 30 May
81. He is currently serving on extended active duty in the grade of
major, effective, and with a date of rank (DOR) of 1 Nov 93.
Applicant’s OER/OPR profile since 1990 follows:
PERIOD ENDING OVERALL EVALUATION
8 Mar 90 Meets Standards
8 Mar 91 Meets Standards
1 Dec 91 Meets Standards
1 Dec 92 Meets Standards
1 Dec 93 Meets Standards
1 Jun 94 Meets Standards
1 Jun 95 Meets Standards
1 Jun 96 Meets Standards
* 1 Jun 97 Meets Standards
3 Mar 98 Meets Standards
* Contested report.
Applicant filed a similar appeal under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports, which was denied
by the Evaluation Report Appeals Board (ERAB) on 11 Mar 98.
Applicant has three nonselections for promotion to the grade of
lieutenant colonel by the CY97C, CY98B (1 Jun 98), and CY99A (17 Apr
99) Central Lieutenant Colonel selection boards.
_________________________________________________________________
AIR FORCE EVALUATION:
The Acting Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this
application and indicated that evaluation reports are considered
accurate as written unless substantial evidence to the contrary is
provided. As such, they receive exhaustive reviews prior to becoming
a matter of record. Any report can be rewritten to be more hard
hitting, to provide embellishments, or enhance the ratee’s promotion
potential but the time to do that is before the report becomes a
matter of record. The rater from the report now believes he should
have included the applicant’s selection as an ACC squadron commander
candidate on the OPR that closed out 1 Jun 97. The indorser from the
report agrees the information was inadvertently omitted from the OPR;
however, neither of the supporters of the applicant’s appeal explain
how they were hindered from rendering a fair and accurate assessment
of the applicant’s performance prior to the report being made a matter
of record. More importantly, the evaluators have not explained why
the information contained in the reaccomplished versions of the
contested OPR and PRF was not available to them when the reports were
initially rendered. Apparently, a phone call from AFPC/DPPPAE to the
applicant’s former commander revealed she had obtained a copy of the
squadron commander candidates list in April and had provided a copy to
the senior rater. While the applicant’s rater may not have been aware
of his subordinates selection as a squadron candidate, it is clear a
copy of the list was provided to the applicant’s senior rater prior to
the close-out date of the OPR. The senior rater could have chosen to
add the information to the OPR before it became a matter of record.
DPPPA points out that the senior rater does not support the
applicant’s request to revise the CY97C PRF as evidenced by the staff
summary sheets (attached to advisory opinion) submitted in support of
applicant’s appeal under the provisions of AFI 36-2401. In addition,
the appeals process does not exist to recreate history or enhance
chances for promotion and it appears this is exactly what the
applicant is attempting to do—recreate history. As such, DPPPA is not
convinced the contested reports are not accurate as written and do not
believe that SSB consideration is warranted. Furthermore, the
applicant could have elected to write a letter to the CY97C board
president to ensure they were aware of his selection as an ACC
squadron commander candidate. However, there is no evidence applicant
wrote any such letter. Based on the evidence provided, DPPPA
recommends denial.
A complete copy of the Air Force evaluation, with attachments, is
attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
16 Nov 98 for review and response. As of this date, no response has
been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. We noted the statements
provided from the rater and additional rater/senior rater of the
contested reports. However, these statements do not convince us that
the applicant was rated unfairly or that the reports in question were
in error at the time they were written. In this respect, while the
information may not have been known to the rater when he initiated the
contested reports, it appears that the senior rater was provided the
information on the ACC selections in Apr 97 and he therefore could
have included this information in his indorsement. Additionally,
while the senior rater stated that he supported applicant’s request to
add his ACC Squadron Commander candidacy to the contested OPR, we note
that the senior rater indicated, on the 29 Oct 97 Staff Summary Sheet,
that he did not support reaccomplishing the CY97C PRF. Furthermore,
we also note that the applicant could have written a letter to the
CY97C board president to ensure the board was aware of his selection
as an ACC squadron commander candidate. In view of the foregoing, and
in the absence of evidence to the contrary, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 17 August 1999, under the provisions of Air Force
Instruction 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Mike Novel, Member
Mr. Philip Sheuerman, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Sep 98, w/atchs.
Exhibit B. Letter, AFPC/DPPPA, dated 29 Oct 98, w/atchs.
Exhibit C. Letter, AFBCMR, dated 16 Nov 98.
CHARLENE M. BRADLEY
Panel Chair
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