RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01203
            INDEX CODE:  111.01, 131.01

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS:

Special Selection Board (SSB) consideration by  the  Calendar  Year
1999B (CY99B) (30 Nov 99) Central  Lieutenant  Colonel  Board  with
inclusion of the Officer Performance Report (OPR) rendered for  the
period 22 Jun 99 through 29 Nov 99.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 16th Operations Support Squadron (OSS) completed a 161-day  OPR
reflecting his current duty, Operations Officer, early in order  to
be signed and faxed to the promotion board in time for inclusion in
his records.  Due to a clerical error, the OPR never was  sent  and
the records check he conducted prior to the board  would  not  have
caught this as the time of its inclusion would have been after  the
records  check  was  completed.   The  error  was   only   recently
discovered, the OPR completed  again  and  resent,  and  ready  for
inclusion into his records.  Of significant importance is  that  it
matched his Promotion Recommendation Form (PRF) as  the  Operations
Officer versus the old Assistant Operations Officer OPR  which  was
instead on top.

In support of his appeal, the applicant  provided  a  copy  of  the
report in question, a statement from the  rater  of  the  contested
OPR, and a statement from the personnel  technician  who  allegedly
processed the contested report when it was originally written.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________







STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD)
is 27 Nov 83.  He is currently serving on extended active  duty  in
the grade of major, effective, and with a date  of  rank  (DOR)  of
1 Oct 95.

Applicant’s  Officer  Effectiveness  Report  profile   since   1995
follows:

            PERIOD ENDING          OVERALL EVALUATION

             12 Dec 95             Meets Standards (MS)
             17 May 96                     MS
             16 Jul 97                     MS
             21 Jun 98                     MS
             21 Jun 99                     MS
           * 29 Nov 99                     MS

     *  Contested report.

Applicant was considered and not  selected  for  promotion  to  the
grade of lieutenant  colonel  by  the  CY99A  and  CY99B  selection
boards.

The contested OPR was filed in applicant’s records on 6 Apr 00.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Appeals  &  SSB  Branch,  AFPC/DPPPA,  reviewed   this
application and indicated that  the  rater’s  letter,  paragraph 2,
states,  “I  immediately  requested   XXXXXXX   be   provided   the
opportunity to serve as  my  DO  with  the  intent  this  would  be
indicated on his records for the LtCol selection board in Nov  99.”
DPPPA points out that the rater’s  intent  was  fulfilled  in  this
regard as the applicant’s new duty title  of  “Operations  Officer”
was reflected on his CY99B OSB and PRF.  The applicant’s  PRF  also
states in Section  IV  (Promotion  Recommendation),  first  bullet,
“…now my #2 leader of largest OSS in AF.”  This  statement  clearly
confirmed  the  applicant  as  the  Operations  Support  Squadron’s
operations officer.  In addition, the rater’s letter,  paragraph 3,
states, “I requested [the applicant] receive an OPR with the intent
of faxing it to the selection board  upon  closeout.   An  OPR  was
completed and being sent through the chain of command early  enough
to be signed and dated on the change of command day  (29 Nov  99).”
However, the rater does not provide evidence that he  made  efforts
(i.e., suspense, track, hand-carry report, follow-up  with  fax  to
AFPC, etc.) to ensure the report was signed by the chain of command
and made a matter  of  record  for  the  CY99B  board.   Also,  the
applicant did not obtain letters of  support  from  his  additional
rater and/or senior rater.  Since  there  is  no  evidence  proving
extra efforts were taken to ensure the rater’s “intent” to get  the
applicant’s OPR processed and faxed  to  the  CY99B  board  on  the
signature date (29 Nov 99), DPPPA concludes the OPR  was  processed
and filed in accordance with Air Force regulations.  Regardless  of
the rater’s intent and/or any alleged administrative error, the OPR
was not required to be on file for the CY99B board.  Based  on  the
evidence provided, they recommend denial.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on
16 Jun 00 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.     Sufficient  relevant  evidence   has   been   presented   to
demonstrate the existence of probable error or injustice warranting
consideration for promotion to the grade of lieutenant  colonel  by
SSB.  In our opinion, the statements provided by the rater  of  the
contested report and the Editor, 16th Operations Wing (OW),  raises
some concern that an administrative error was made by the 16th OSS.
 In this respect, the rater states that an OPR  was  completed  and
was being sent through the chain of  command  early  enough  to  be
signed and dated on the change of command date.  However, due to an
administrative error by  his  personnel  specialist,  a  change  of
reporting  official  action  was  accomplished  on  the  applicant,
deleting the need for an OPR.  The error was not  discovered  until
after the lieutenant colonel selection board met.  The Editor, 16th
OW, states that he was absolutely certain the OPR was  intended  to
meet the applicant’s primary board.  The Editor  also  states  that
the rater did have full intent for the contested report to meet the
board.  In view of these statements  and  while  the  Board  cannot
conclusively  determine  whether  or  not  the   absence   of   the
applicant’s  contested  report  was   a   factor   in   applicant’s
nonselection, we believe that it served to deprive him of full  and
fair consideration.  Therefore, in order to offset any  possibility
of an injustice to the  applicant,  we  recommend  his  records  be
corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating  to  APPLICANT,  to  include  the  Field   Grade   Officer
Performance Report (OPR), AF Form 707A,  rendered  for  the  period
22 June 1999 through 29 November 1999, be considered for  promotion
to the grade of lieutenant colonel by Special Selection  Board  for
the Calendar Year 1999B Central Lieutenant Colonel Board.

_________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 26 October 2000, under the provisions  of  AFI
36-2603:

                  Mr. Henry Romo, Jr., Panel Chair
                  Mr. Laurence M. Groner, Member
              Mr. John E. Pettit, Member

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

     Exhibit A.  DD Form 149, dated 8 Mar 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 31 May 00.
     Exhibit D.  Letter, AFBCMR, dated 16 Jun 00.




                                   HENRY ROMO, JR.
                                   Panel Chair


AFBCMR 00-01203




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 , to include the Field Grade Officer  Performance
Report (OPR), AF Form 707A, rendered for the  period  22 June  1999
through 29 November 1999, be considered for promotion to the  grade
of lieutenant colonel by Special Selection Board for  the  Calendar
Year 1999B Central Lieutenant Colonel Board.







                                                           JOE   G.
LINEBERGER
                                                         Director
                                                         Air  Force
Review Boards Agency