RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03385
            INDEX CODES:  107.00, 111.02
                          131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 15 Nov 95
through 31 Oct 96 be declared void and removed from his records.

His records be corrected to reflect award of the  Meritorious  Service
Medal (MSM) for his duty at the United States Air Force (USAF) Academy
(15 Nov 94 to 31 Oct 96).

The SWC/AE medal be included  in  the  record  that  goes  before  the
supplemental promotion board.  (Though it was awarded after the  CY98B
Board had convened, it serves to mitigate the negative  appearance  of
the two short successive assignments).

He be given Special Selection Board (SSB) consideration for  promotion
to the grade of lieutenant colonel by  the  CY98B  Central  Lieutenant
Colonel Selection  Board,  which  convened  on  1  Jun  98,  with  his
corrected record.

If his record  cannot  be  satisfactorily  corrected  and  he  is  not
promoted to lieutenant colonel, he be  allowed  the  option  of  early
retirement in fiscal year (FY) 1999.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The substandard OPR and the withholding of an end-of-tour  medal  were
reprisals for anonymous  comments  made  on  an  organization  climate
survey.  His nonselection for lieutenant colonel was due to  a  record
which did not accurately reflect his job performance  while  stationed
at the USAF Academy.  To the best of his  knowledge,  no  officer  has
left the USAFA/DFC assignment without a medal—he was  awarded  an  MSM
during his first assignment.

With only 20 months on station, he  had  not  fulfilled  his  Advanced
Academic Degree (AAD) requirement from his PhD  sponsorship  and  felt
forced to accept an assignment to the SWC as an overage.  He  was  not
given adequate time or opportunity to find another assignment  in  his
career field.  Initially, the job he was placed into at the SWC had no
projects or funding.  Unfortunately, when the program he was  assigned
to was moved to  HQ  AFSPC  he,  too,  was  transferred.   This  quick
reassignment exacerbated the impact to the lieutenant colonel board of
now two short lateral assignments.

In support of his appeal, the applicant  provided  documentation  from
the USAF Academy,  to  include  evaluations,  a  Journal  of  Chemical
Physics, an MSM citation, a request for a Department of Defense  (DOD)
Inspector General investigation, a  supportive  statement,  and  other
documents pertaining to 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.  His Total Active Federal Military Service Date (TAFMSD) is  25
Jul 83.

Applicant's OER/OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      10 Jun 89  Meets Standards
      30 Apr 90  Meets Standards
      30 Apr 91  Meets Standards
      30 Apr 92  Meets Standards
      17 May 93  Training Report
      17 May 94  Training Report
      14 Nov 94  Training Report
      14 Nov 95  Meets Standards
  *  31 Oct 96   Meets Standards
  #  31 Oct 97   Meets Standards

* Contested Report.

# Top Report - CY98B (1 Jun 98) Lt Col Board.

_________________________________________________________________

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, and they did  not  know
what the “SWC/AE medal” was that the applicant wished to be considered
by an Special Selection Board (SSB).  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 is at Exhibit C.

The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application  and
indicated it is Air Force policy that an  evaluation  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 on the contested OPR.  In the absence of information from
evaluators, official substantiation of error or injustice from the  IG
or Social Actions is appropriate, but not provided in this case.   The
applicant indicated  a  DOD  IG  Report  of  Investigation  (ROI)  was
forthcoming that may substantiate his contention  of  reprisal.   Once
the investigation is complete, they would appreciate  the  opportunity
to review it.  Based on the lack of evidence, DPPPA  recommended  that
the Board hold the  application  in  abeyance  until  receipt  of  the
unredacted version of the DOD Inspector IG ROI.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he has done everything he could do to  obtain
the release of the IG report.  However, he has not received the report
and the DOD IG has not  provided  a  date  when  the  report  will  be
released.

His request contained two distinct requests.  The  first  request  was
for SSB consideration by the CY98B Lieutenant Colonel Selection Board.
 Included in the actions for this request was:  (1)   voiding  the  31
Oct 96 OPR; (2) awarding the MSM from USAF Academy (15 Nov  94  to  31
Oct 96), and (3) including an Air  Force  Commendation  Medal  awarded
after the CY98B board had convened.  He is requesting that this  medal
be included for SSB consideration because of the actions of  the  USAF
Academy and the resulting assignment to the SWC.

According to the applicant, his second request was not addressed.   He
requested that he be allowed the option of early retirement  in  FY99.
This request was made because of the failure of the DOD IG to  address
his complaint in a fair and reasonable time.  The delay  in  releasing
the report is, in and of itself, unjust.

Applicant’s complete response and additional supporting  documentation
are at Exhibit F.

Subsequent to the applicant’s response, three statements were provided
on his behalf for the Board’s consideration (Exhibit G).

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

_________________________________________________________________

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  the
contested report and his not receiving  an  MSM  were  the  result  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, and that when the investigation is  completed,  his
allegations  will  be  substantiated.   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 presented here.

      a.  After a review of the available evidence, it appears  to  us
that the applicant’s OPR closing 31 Oct  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.  In view of foregoing, we believe  any  doubt  concerning  the
fairness and accuracy of the contested report should  be  resolved  in
favor  of  the  applicant.   Accordingly,  we   recommend   that   the
applicant’s OPR closing 31 Oct 96 be declared void  and  removed  from
his records, and that be given SSB consideration  with  his  corrected
record.

      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.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error  or  injustice  with  respect  to  the
following issues:

      a.  Regarding the applicant’s  request  that  the  SWC/AE  medal
(Air Force  Commendation  Medal)  be  included  in  his  records   for
consideration by the CY98B Lieutenant Colonel Board, it  appears  that
the medal was awarded  subsequent  to  the  convening  of  the  Board.
Therefore, it would not have been required to be in his  records.   We
have noted the applicant’s rationale for this  request.   However,  we
believe that  the  approval  of  his  requests  with  respect  to  the
contested OPR and award will be sufficient to rectify any injustice in
his records which may have resulted from his service during the period
under review.  In view of this fact, his request in this regard is not
favorably considered.

      b.  Applicant  requested  that,  if  his  record  could  not  be
satisfactorily  corrected  and  he  is  not  promoted  to  the   grade
lieutenant colonel, he allowed  the  option  of  early  retirement  in
fiscal  year  1999.   However,  in  our   view,   the   aforementioned
recommendation for corrective action with regard to the removal of the
contested  report,  award  of  the  MSM,  and  SSB  consideration  for
promotion affords him proper and  fitting  relief.   Accordingly,  the
applicant’s request 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:

      a.  The Field Grade Officer Performance  Report  (OPR),  AF Form
707A, rendered for the period 15 Nov 95 through 31 Oct 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 15 Nov 94
to 31 Oct 96.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by Special Selection Boards for the  1998B
Central Lieutenant Colonel Selection Board, which convened  on  1  Jun
98, and any subsequent boards for which the OPR closing 31 Oct 96  was
a matter of record, and the MSM was not a matter of record.

_________________________________________________________________

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 9 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.  Letter, applicant, dated 11 Feb 99, w/atchs.
     Exhibit G.  Letters, in applicant’s behalf, dated
                 16 Feb 99, 17 Feb 99, and 22 Feb 99.
     Exhibit H.  Letter, applicant, dated 8 Apr 99, w/atch.





                                   HENRY ROMO, JR.
                                   Panel Chair




AFBCMR 98-03385




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 15 Nov 95 through 31 Oct 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 15 Nov 94
to 31 Oct 96.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Boards for the
1998B Central Lieutenant Colonel Selection Board, which convened on 1
Jun 98, and any subsequent boards for which the OPR closing 31 Oct 96
was a matter of record, with inclusion of the MSM.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency