RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03384
            INDEX CODES:  107.00, 111.02,
                          131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) closing 1 Sep 96  be  amended  by
including Professional Military  Education  (PME)  statements  in  the
rater and additional rater sections of the report.

He be awarded the Meritorious Service Medal (MSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

PME statements were not included in the contested report and no  medal
was awarded due to reprisal for a negative (and anonymous)  department
climate survey.  His assignment at the United States Air Force  (USAF)
Academy was curtailed after the results of the chemistry  department’s
climate survey  was  released.   Following  his  permanent  change  of
station (PCS) assignment, no medal was  awarded.   There  was  no  PME
school recommendation on his last OPR.  None of this was based on  his
duty performance.

In support of his appeal, the applicant provided a personal statement,
a request for a DOD IG  investigation,  a  supportive  statement,  and
other documents associated with the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that grade  on  1 Aug  95.   His  Total
Active Federal Military Service Date (TAFMSD) is 14 Oct 83.

Applicant's OER/OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      15 Dec 89  Meets Standards
      15 Dec 90  Meets Standards
      15 Dec 91  Meets Standards
      15 Dec 92  Meets Standards
      27 Apr 93  Meets Standards
      27 Apr 94  Meets Standards
      27 Apr 95  Meets Standards
      27 Apr 96  Meets Standards
  *   1 Sep 96   Meets Standards
      27 Aug 97  Meets Standards
      21 Aug 98  Meets Standards

* Contested Report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and indicated that they could not verify the  applicant’s  eligibility
for  the  MSM.   His  supervisor   apparently   did   not   submit   a
recommendation  for  a  decoration  into  official  channels  for  the
applicant’s service as a chemistry instructor.  Without the results of
the DOD IG investigation of the applicant’s complaints, they could not
make a recommendation  regarding  a  decoration  for  that  period  of
service.

A complete copy of  the  DPPPR  evaluation,  with  attachment,  is  at
Exhibit C.

The appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
indicated it is Air Force policy that an evaluation report is accurate
as written when  it  becomes  a  matter  of  record.   To  effectively
challenge an OPR, it is necessary to hear from all the members of  the
rating    chain—not    only    for    support,    but     also     for
clarification/explanation.  The applicant has failed  to  provide  any
information/support from the rating chain of the  contested  OPR.   In
the   absence   of   information   from   the   evaluators,   official
substantiation of error or injustice from the IG or Social Actions  is
appropriate, but not provided in this case.  The  applicant  indicated
that a DOD IG Report of Investigation (ROI) was forthcoming  that  may
substantiate his contention of reprisal.  Without the DOD IG ROI, they
cannot determine if reprisal was a factor in the omission of  the  PME
recommendation  from  the  contested  OPR.   Therefore,   they   would
appreciate the opportunity to review the ROI once the investigation is
complete.

A complete copy of the DPPPA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  25
Jan 99 for review and response.  As of this date, no response has been
received by this office (Exhibit E).   However,  two  statements  were
subsequently provided on behalf  of  the  applicant  for  the  Board’s
consideration (Exhibit F).

By  letter,  dated  8  Apr  99,  the  applicant  provided   additional
documentary evidence for the Board’s consideration (Exhibit G).

_________________________________________________________________


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.  Applicant alleges that  PME
statements were not included in the  contested report and he  was  not
awarded a medal because of reprisal against him.  He  further  alleges
that he  filed  a  reprisal  complaint  with  the  DOD  IG  under  the
Whistleblower Protection Act, 10 USC, Section 1034, which he  believes
will  substantiate  his  allegations.   The   findings   of   the   IG
investigation were not available for our review.  When the  report  is
finalized, we will again review the case to resolve his assertions  in
this regard.  Notwithstanding this, and in order to  comply  with  the
provisions of the  aforementioned  law,  we  base  our  decision  that
corrective action is warranted on the following discussion  concerning
the evidence before us.

      a.  After a review of the available evidence, it appears  to  us
that the applicant’s OPR closing 1 Sep 96 may, indeed, have been based
on factors other than the applicant’s duty performance.  Specifically,
the report may have been used as  a  means  of  reprisal  against  the
applicant for comments he made  on  an  organization  climate  survey.
While we are not inclined to amend the report,  as  requested  by  the
applicant, we do believe  the  evidence  presented  raises  sufficient
doubt regarding the fairness of the report, and that such doubt should
be resolved in his favor.  Therefore, we  recommend  that  the  entire
report be voided and removed from his  records.   In  our  view,  this
affords the applicant proper and fitting relief.

      b.  We are also  persuaded  that  the  applicant  may  not  have
received a decoration at the end of his tour at the Air Force  Academy
because he was victim of reprisal, since it appears that nearly  every
individual assigned to the Air Force Academy usually received one.  In
view of the foregoing, and to remove the possibility of an  injustice,
the applicant’s records should be corrected to reflect  award  of  the
MSM.

_________________________________________________________________

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  Report  (OPR),  AF Form
707A, rendered for the period 28 Apr 96 through 1 Sep 96, be  declared
void and removed from his records.

      b.  He was awarded  the  Meritorious  Service  Medal  (MSM)  for
service performed at the Air Force Academy during the  period  26 June
1993 to 7 October 1996.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 Apr 99, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Timothy A. Beyland, Member

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

     Exhibit A.  DD Form 149, dated 19 Nov 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 18 Dec 98.
     Exhibit D.  Letter, AFPC/DPPPA, dated 5 Jan 99.
     Exhibit E.  Letter, SAF/MIBR, dated 25 Jan 99.
     Exhibit F.  Letters, in applicant’s behalf, dated
                 16 Feb 99 and 17 Feb 99.
     Exhibit G.  Letter, applicant, dated 8 Apr 99, w/atch.




                                   HENRY ROMO, JR.
                                   Panel Chair




AFBCMR 98-03384




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 Field Grade Officer Performance Report (OPR),
AF Form 707A, rendered for the period 28 Apr 96 through 1 Sep 96, be,
and hereby is, declared void and removed from his records.

            b.  He was awarded the Meritorious Service Medal (MSM) for
service performed at the Air Force Academy during the period 26 June
1993 to 7 October 1996.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency