RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02309
            INDEX CODE:131.01
            COUNSEL:NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The last line of his Promotion Recommendation Form (PRF) be changed to  read
“Exceptional leader--ready for Command now—Select for SSS!   If  I  had  one
more DP,  it  was  his!”  and  he  receive  Special  Selection  Board  (SSB)
consideration for the CY99B Lieutenant Colonel Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied a fair opportunity for promotion to lieutenant colonel due to
the mishandling of his Officer Performance Report (OPR) for the  period  29
Nov 98 through 1 Oct 99 and through  no  fault  of  his  the  OPR  was  not
included in his promotion folder at the Defense Intelligence  Agency  (DIA)
Management Level Review (MLR) board which met on 4 Oct 99.  This put him at
a distinct disadvantage amongst his peers in competition for  an  allocated
Definitely Promote (DP) and for one of the two carryover DP’s available  to
the MLR board.

In support of his submission, the applicant submits  a  personal  statement,
letters from his senior rater and the DIA  MLR  board  president  and  other
documents relevant to the issue under review (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  major
with a total active federal military service date (TAFMSD) of 07 Mar 80.

He was considered and non-selected for promotion to the grade of  lieutenant
colonel by the CY99B Lieutenant Colonel Selection Board.  He will  again  be
considered for promotion by the CY00A lieutenant colonel board scheduled  to
convene 28 Nov 00.

The applicant has received four OPR’s since his promotion to major,  all  of
which reflect “Meets Standards.”

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

A similar appeal by the applicant under the provisions of  AFI  36-2401  was
considered and denied by the Evaluation Reports Appeal Board (ERAB).
___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Evaluations Program Branch, AFPC/DPPPE, states that based on  the
applicant’s record and duty history, they see no cause for  a  Headquarters,
Air Force (HAF) directed OPR.  It is unclear what  caused  this  OPR  to  be
directed.  Research suggests it was an input error at the  applicant’s  base
level that was not discovered until the OPR was submitted to the  Air  Force
Personnel Center (AFPC).   It  is  clear  the  mistake  was  discovered  and
corrected, but unclear whether the correction was  made  prior  to  the  OPR
meeting the central selection board.  The  possibility  that  the  incorrect
OPR met the board cannot be ruled out and could be reasonable  justification
for re-consideration by an SSB.

DPPPE indicates that according to AFI  36-2401,  para  A1.6.1,  “A  material
error in the PRF itself; substantive changes to the  record  of  performance
used to assess your performance-based potential; or a material error in  the
PRF preparation process may justify changes to your PRF.”   While  both  the
applicant and his senior rater suggest the presence of  the  1  Oct  99  OPR
would have made a difference in how the applicant was competed at  the  MLR,
neither gives any indication what “substantive  changes  to  the  record  of
performance” justify the change to the final line in the PRF.  There  is  no
request to add information contained in the  OPR  in  question  to  the  PRF
itself.   Instead,  the  request  is  to  change  the  “push  line”  without
indicating what substantive changes justify the change.

Documentation provided by the applicant suggests the Management  Level  (ML)
has not yet carefully considered the  impact  of  rewording  the  PRF.   The
senior rater was permitted in the original MLR to compete  two  officers  in
the carryover phase.  He  chose  not  to  compete  the  applicant.   If  the
missing information would have changed  the  order  of  the  senior  rater’s
eligibles, (i.e. “if I had one more DP, it was his!”),  then  the  applicant
would have logically qualified for  consideration  in  the  carryover  board
above the two officers originally  competed.   This  recommended  change  in
wording should have caused both the senior rater and the  MLR  president  to
consider  whether  the  applicant  should  be  re-competed  for  a  “DP”  as
prescribed in the Air Force Instruction.

DPPPE states that both senior rater and the MLR president  stop  well  short
of suggesting that a new OPR or change in  the  wording  on  the  PRF  would
bring the applicant’s record to the level of even the  lowest  “DP”  awarded
in the ML’s carryover phase.  However, it is clear, at least in the case  of
the two officers competed  by  the  senior  rater  in  carryover,  that  re-
competition should have been  seriously  considered  in  light  of  the  new
wording, “if I  had  one  more  DP  to  give,  it  would  be  his!”   It  is
inconsistent to make such a statement, and  then  fail  to  compete  such  a
person where  there  are  indeed  “DPs  left  to  give.”   Therefore,  DPPPE
recommends approval of reconsideration in an SSB.  However, as  no  injuries
or irregularities occurred in the MLR, and because the management level  did
not conduct a competitive review  IAW  AFI  36-2401,  DPPPE  recommends  the
request to change the wording in the PRF be denied (Exhibit C).

The Appeals and SSB Branch,  AFPC/DPPPA,  states  that  in  researching  the
issue regarding the OPR, it is apparent the records section  (HQ  AFPC/DPPB)
corrected the OPR.  However, since there is no “corrected  copy”  annotation
on the OPR, we are unable to determine exactly when the correction was  made
to the OPR—either, before, during, or after the board.  Therefore, based  on
the evidence and the findings by AFPC/DPPPE, they recommend  denial  of  the
request to correct the PRF, but do not  object  to  reconsideration  by  the
CY99B board (Exhibit D).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and continues to assert  his
original position.  He states that he has provided  written  and  reasonable
justification that his PRF should be changed.  He has also proven  that  the
1 Oct 99 OPR submitted to the CY99B board was incorrect  and  that  HQ  AFPC
concurs.  He may be forced to separate  if  not  selected  by  the  upcoming
CY00A   Lieutenant   Colonel   board   and   requests   the   Board   direct
reconsideration for his promotion to Lieutenant Colonel  at  the  22 Jan  01
SSB (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  probable  error  or  injustice  warranting  a  change  to  the
contested PRF.  After thoroughly reviewing the evidence of  record,  we  are
not convinced that the PRF should be amended.  The comments provided by  the
Air Force adequately addresses the applicant's  contention  and  we  are  in
agreement with their recommendation.  Therefore, in the absence of  evidence
to the contrary, we find no basis upon which to recommend  favorable  action
on his request to change the PRF for the CY99B board.

4.  Notwithstanding the above, in view of the foregoing and in an effort  to
remove any possibility of an injustice to the applicant, we  recommend  that
his record, including the OPR for the  period  ending  1  October  1999,  be
considered for promotion to the grade of lieutenant  colonel  by  a  Special
Selection Board (SSB) for the CY99B Selection Board.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, including a  corrected  Officer  Performance  Report  for  the
period ending 1 October 1999 showing the reason for the  report  was  "CRO",
be considered for promotion to the grade of lieutenant colonel by a  Special
Selection Board for CY99B Lieutenant Colonel Selection Board.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 22 November 2000, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Ms. Marcia J. Bachman, Member
      Ms. Margaret A. Zook, Member

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

     Exhibit A.  DD Form 149, dated 18 Aug 00 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 31 Aug 00.
     Exhibit D.  Letter, AFPC/DPPPA, dated 14 Sep 00.
     Exhibit F.  Letter, SAF/MIBR, dated 29 Sep 00.
     Exhibit F.  Applicant's Rebuttal, dated 3 Oct 00.



                                  TERRY A. YONKERS
                                  Panel Chair

AFBCMR 00-02309




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 APPLICANT, including the corrected Officer Performance Report
for the period ending 1 October 1999 showing the reason for the report
was "CRO", be considered for promotion to the grade of lieutenant colonel
by a Special Selection Board for CY99B Lieutenant Colonel Selection
Board.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency