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AF | BCMR | CY1999 | 9803131
Original file (9803131.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03131
                       INDEX CODE: 111.01, 131.01

                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Officer Performance Report (OPR) rendered for the period 14  March
1995 through 13 March 1996, be changed as follows:

      -     Section III. Job Description.

            --   1. Duty Title:  change  from  “Chief,  Resource  Management
Flight”  to  “Flight  Commander,  Resource  Management/Medical   Information
Systems/Diagnostic and Therapeutic.”

            --   2. Key Duties, Tasks, and Responsibilities: Lines 6  and  7
be deleted  and  replaced  with  “Medical  Information  Systems  Flight  and
provides support to the Medical  Group  of  250  personnel.   Manages  daily
operations of all ancillary services.”

      -     Section VI. Rater Overall  Assessment:  Last  line  be  replaced
with “Effectively managed three separate and  distinct  flight;  outstanding
results-all missions accomplished.”

2.    The OPR rendered for the period 14 March 1996 through  13 March  1997,
be changed as follows:

       -      Section  III.  Job  Description  2.  Key  Duties,  Tasks,  and
Responsibilities:  Delete last line and replace  with  “Serves  as  Director
for Personnel and Administration activities managing manpower and  personnel
actions for 250 assigned military and civilian personnel.”

      -     Section IV. Impact on Mission Accomplishments:  Delete  lines  5
and 6 and replace with “Superior multi-talented  officer.   Spearheaded  the
effort to successfully obtain  critical  manning  needed  to  implement  and
staff our newly established Tri-Service  Infrastructure  Management  Program
Office.”

      -     Section VI. Rater  Overall  Assessment:  Delete  last  line  and
replace with “One of tomorrow’s leaders today, a visionary officer!  A  must
for ISS immediately—select for command.”

3.    The OPR rendered for the period 14 March 1997 through  13 March  1998,
be changed in Section  III.  Job  Description  2.  Key  Duties,  Tasks,  and
Responsibilities: Delete last sentence and replace with “Serves as  Director
for Personnel and Administration Activities managing manpower and  personnel
actions for 250 assignment military and civilian personnel.” and  placed  in
her officer selection record for the Calendar Year 1998C (CY98C) board.

4.    She be considered for promotion to  the  grade  of  major  by  Special
Selection Board (SSB) for the CY98C Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 5 October  1998,  she  received  a  copy  of  her  selection  record  and
discovered that her most current OPR for the period 14  March  1997  through
13 March 1998, was missing from  the  record  and  that  her  OPRs  for  the
periods 14 March 1995 through 13 March 1996 and 14  March  1996  through  13
March 1997 did  not  accurately  reflect  the  duties  she  performed.   She
believes the errors in her OPR closing 13 March 1996 were  due  to  a  short
period of supervision resulting in the rater  not  fully  understanding  the
scope of duties that were performed.  The  errors  on  her  OPR  closing  13
March 1997 were due to a draft copy being inadvertently  submitted  for  the
finalized version. She further requests  to  meet  a  SSB  with  a  complete
updated selection folder.  These corrections  will  accurately  reflect  her
duties and performance.

In support of the appeal, applicant submits a statement from  the  rater  on
the OPR closing 13 March 1996, stating he concurs with the changes.

Applicant also submits a  statement  from  the  rater  on  the  OPR  closing
13 March 1997, stating the requested changes  to  the  OPR  more  accurately
reflect the significant duties the applicant performed.

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
captain.

Applicant was considered and not selected for  promotion  to  the  grade  of
major by the CY98C and CY99A Selection Boards.

OPR profile since 1991, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       10 Mar 91             Meets Standards
                       08 Jul 91             Meets Standards
                       08 Jul 92             Meets Standards
                       08 Jul 93             Meets Standards
                       05 Jun 94             Meets Standards
                       13 Mar 95             Meets Standards
                       13 Mar 96             Meets Standards
                     * 13 Dec 96        Education/Training Report
                     * 13 Mar 97             Meets Standards
                     * #     13 Mar 98             Meets Standards
                       13 Mar 99             Meets Standards

* Contested reports
# Top report at time of CY98C and CY99A boards.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the application  and
states that upon their review of the OPR closing 13 March 1998,  they  noted
the file date stamp in the lower right corner,  front  side,  indicates  the
OPR was filed on 7 May 1998 - well in advance of the  board.   Each  officer
eligible for a promotion board is assigned a  record  number  prior  to  the
board.  Any documents received after the officer  selection  records  (OSRs)
are frozen for a board will have the corresponding record number written  on
it for ease of filing.   They  note  the  applicant’s  board  record  number
handwritten in the upper right corner of the report which indicates the  OPR
was, indeed, considered by the board.  They do not  support  reconsideration
on this issue.

In  addition,  the  applicant  requests  correction  to  Section  III,   Job
Description on  the  OPR  closing  13  March  1998.   The  rater  from  this
contested period is also the rater on  the  contested  13  March  1997  OPR;
however, the rater does not address this OPR in  his  statement.   As  such,
they can only conclude the OPR  is  accurate  as  written.   They  recommend
denial of the applicant’s request to correct the OPR closing 13 March  1998.
 The applicant desires correction of  Sections  III,  Job  Description,  IV,
Impact on Mission Accomplishment, and VI, Rater Overall  Assessment  of  the
OPR closing 13 March 1997.   The  rater  states  the  corrections  requested
“more accurately reflects the significant duties she  performed.”   He  does
not elaborate on what he knows now that he did not  know  when  he  prepared
the OPR.  They recommend denial of the request for the OPR closing 13  March
1997.  The applicant requests changes to Sections III, Job Description,  and
IV, Rater Overall Assessment,  of  the  OPR  closing  13  March  1996.   The
applicant provides a  statement  from  her  rater  who  only  outlines  what
changes he would approve of making to the report.   Again,  this  rater  has
not elaborated on what he knows now that he did not know when the  contested
OPR was prepared.  Even further, they note that both  the  additional  rater
and reviewer concurred with the report as written,  and  they  do  not  hear
from them in support of this appeal.  Statements from these  evaluators  are
conspicuously absent.  In order to successfully challenge  the  validity  of
an evaluation report, it is important to hear  from  the  evaluators  -  not
necessarily for support, but at least  for  clarification/explanation.   The
applicant has not provided  any  such  documentation.   Without  benefit  of
these statements, they can only conclude the OPR closing 13  March  1996  is
accurate as written.  They recommend denial of the request  to  correct  the
OPR closing 13 March 1996.

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

The Chief, Appeals and SSB Branch, AFPC/DPPPA, reviewed the application  and
states in their Addendum that the applicant’s  13 March  1998  OPR  was  not
included in her OSR when she was considered for promotion to  the  grade  of
major by the CY98C central major selection board.  Paragraph d(1) and  their
“Summary” paragraph are erroneous and should be replaced with:  They  agree.
 They note the file date stamp  in  the  lower  right  corner,  front  side,
indicates the OPR was filed on 7 May 1998, a month  after  the  CY98C  board
convened.   Although  the  contested  OPR  is  annotated  with  the  board’s
handwritten record number indicating it was considered by the  CY98C  board,
personnel at HQ AFPC/DPPBR1 are positive the 13 March 1998 OPR  was  missing
from  her  selection  record  when  the  board  convened.   Apparently   the
applicant requested a copy of her OSR as it met the CY98C board.  The  chief
of the board support branch reviewed her “as met”  record  and  noticed  the
OPR closing 13 March 1998 was missing from the folder.   They  then  checked
their data base and noted a report had been accomplished in March 1998,  but
had  not  yet  been  received.   The  chief  then  advised  her  to   pursue
supplemental board consideration based on the missing  OPR.   Based  on  the
evidence provided, they recommend denial  of  her  request  to  receive  SSB
consideration by the CY98C board with a  revised  13 March  1998,  13  March
1997, and 13 March 1996 OPR.  However, the  would  not  be  opposed  to  the
applicant receiving SSB consideration by the CY98C board with  inclusion  of
the 13 March 1998 OPR in its original form.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  18
January 1999 and 15 February 1999, for review  and  response.   As  of  this
date, no response has been received by this office.

The rater on the OPRs closing 13 March 1997 and 13 March 1998  has  provided
another statement, with reaccomplished OPRs,  stating  that  upon  reviewing
the last two OPRs he wrote, it was noticed that they had  used  an  old  job
description.  This statement, with the reaccomplished OPRs, are attached  at
Exhibit F.

_________________________________________________________________


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  replacing  the  Officer
Performance Reports (OPRs) closing 13 March 1997 and 13 March 1998 with  the
reaccomplished reports.  After reviewing the  evidence  of  record,  we  are
persuaded that the contested reports  are  not  an  accurate  assessment  of
applicant's performance.  In this respect, we note the  statements  provided
by the rater on these OPRs indicating that the reports  are  inaccurate  and
the reaccomplished reports more accurately reflects the  significant  duties
she performed.  In addition, we note that the Air Force states that the  OPR
closing 13 March 1998, in  its  original  form,  was  not  included  in  her
officer selection record when she was considered for promotion to the  grade
of major by the CY98C board.  In view of the foregoing,  we  recommend  that
the contested reports closing 13 March 1997 and 13 March  1998  be  replaced
with the reaccomplished OPRs provided.  It is further recommended  that  the
corrected record be considered for promotion to the grade of  major  by  SSB
for the CY98C and CY99A selection boards.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of  probable  error  or  injustice  warranting  amending  the  OPR
closing 13 March 1996.  After reviewing the evidence submitted,  we  believe
that insufficient evidence has been presented  to  support  her  request  to
amend the OPR closing 13 March 1996.  The statement provided  by  the  rater
on the OPR closing 13 March 1996 is noted; however, he does not explain  why
the report is in error.  We also note that statements  from  the  evaluators
are not provided.  Therefore, in the absence of evidence  to  the  contrary,
we do not recommend amending the  OPR  for  the  period  of  14  March  1995
through 13 March 1996.

_________________________________________________________________

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 Company Grade Officer Performance Reports  (OPRs),  AF  Form
707B, rendered for the periods 14 March 1996 through 13 March 1997,  and  14
March 1997 through 13 March 1998, be declared  void  and  removed  from  her
records.

      b.    The attached Company Grade OPRs, AF Form 707B, rendered for  the
periods 14 March 1996 through 13 March 1997, and 14 March  1997  through  13
March 1998, reflecting in  Section  III,  Job  Description  2.  Key  Duties,
Tasks,  and  Responsibilities,  last  sentence,  “Serves  as  Director   for
Personnel and Administration  Activities  managing  manpower  and  personnel
actions for 250 assigned military and civilian personnel.” be placed in  her
record in their proper sequence.

It is further recommended  that  her  corrected  record  be  considered  for
promotion to the grade of  major  by  a  Special  Selection  Board  for  the
Calendar Years 1998C and 1999A Central Major Boards.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 August 1999, under the provisions of AFI 36-2603:

        Mr. Benedict A. Kausal, IV, Panel Chair
        Mr. Joseph A. Roj, Member
        Mr. John E. Pettit, Member
        Ms. Gloria J. Williams, Examiner (without vote)

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

   Exhibit A.  DD Form 149, dated 29 Oct 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPA, dated 23 Dec 98.
   Exhibit D.  Addendum, AFPC/DPPPAB, dated 1 Feb 99 w/atch.
   Exhibit E.  Letters, AFBCMR, dated 18 Jan 99 and 5 Feb 99.
   Exhibit F.  Supporting Letter, dated 21 Apr 99, w/atchs.






            BENEDICT A. KAUSAL, IV
            Panel Chair






AFBCMR 98-03131




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:

            a.   The Company Grade Officer Performance Reports (OPRs), AF
Form 707B, rendered for the periods 14 March 1996 through 13 March 1997,
and 14 March 1997 through 13 March 1998, be, and hereby are, declared void
and removed from her records.

            b.   The attached Company Grade OPRs, AF Form 707B, rendered
for the periods 14 March 1996 through 13 March 1997, and 14 March 1997
through 13 March 1998, reflecting in Section III, Job Description 2. Key
Duties, Tasks, and Responsibilities, last sentence, “Seves as Director for
Personnel and Administration Activities managing manpower and personnel
actions for 250 assigned military civilian personnel.” be placed in her
record in their proper sequence.

      It is further directed that her corrected record be considered for
promotion to the grade of major by a Special Selection Board for the
Calendar Years 1998C and 1999A Central Major Boards.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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