RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03390
            INDEX CODES:  107.00, 111.02,
                                               131.01


            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) closing 31 Oct 96 be  amended  by
adding “Send to ISS now!” at the end of Section  VI,  and  “Definitely
select for ISS!” at the end of Section VII.

He be awarded the Meritorious Service Medal (MSM) for his tour of duty
at the United States Air Force (USAF) Academy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The lack of Service School recommendations in His final OPR,  and  the
denial of a medal from the USAF Academy Department of  Chemistry  were
acts of reprisal by Colonel H--- M--- (Chemistry Department Head)  for
submitting critical inputs into  the  Dean  of  the  Faculty’s  annual
climate survey in 1996.  His performance as a Professor  of  Chemistry
and Air Force officer were exemplary.  Therefore, his record should be
modified as noted above to correct the injustice which he has  endured
now for over two years.

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  96.   His  Total
Active Federal Military Service Date (TAFMSD) is 30 Aug 84.

Applicant's OER/OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      18 Dec 89  Meets Standards
       1 Jun 90  Meets Standards
      26 Aug 91  Training Report
      26 Aug 92  Training Report
      26 Aug 93  Training Report
      24 Feb 94  Training Report
      24 Feb 95  Meets Standards
      24 Feb 96  Meets Standards
  *   31 Oct 96  Meets Standards
      31 Oct 97  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
Service School recommendations 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  the
lack of Service School recommendations in  the  contested  report  and
denial of a medal were acts of reprisal.  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 in this case 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 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 the inputs he provided on the annual 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,
recommend that the applicant’s records 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 25 Feb 96 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  22 March
1994 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 18 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 98-03390




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 25 Feb 96 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 22 March
1994 to 7 October 1996.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency