RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02209
            INDEX CODES:  111.02, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 1997E (CY97E)  Lieutenant  Colonel  Board  (PO597E),
which  convened  on  8  Dec  97,  be  voided  and  replaced   with   a
reaccomplished PRF.

He be given Special Selection Board (SSB) consideration for  promotion
by the CY97E Lieutenant Colonel Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A recommendation for Professional Military Education (PME)  attendance
was omitted from his PRF based on incorrect  guidance,  which  had  an
impact on his nonselection for promotion.

In support of  his  appeal,  the  applicant  provided  copies  of  the
original and revised PRFs, and supportive statements from  the  senior
rater and Management Level Review (MLR) president.

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 in the Air  Force  Reserve  in
the grade of major, with a date of rank (DOR) of 1  Dec  93.   He  was
credited with 21 years of satisfactory federal service for retirement.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1989
follows:

      PERIOD ENDING    EVALUATION

       1 May 89              Meets Standards
       1 May 90              Meets Standards
       1 May 91              Meets Standards
       8 Apr 92              Meets Standards
       8 Apr 93              Meets Standards
       8 Apr 94              Meets Standards
      31 Jul 94           No Report Available
      14 Mar 95           No Report Available
      14 Mar 96              Meets Standards
 #   14 Mar 97               Meets Standards
      14 Mar 98              Meets Standards
##   14 Mar 99               Meets Standards


 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY97B  (2 Jun 97)
and CY97E (8 Dec 97) Lt Col Boards.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the CY99A  (15 Apr 99)
Lt Col Board.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.  Accordingly, there is no need to  recite  these  facts  in
this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Evaluation Programs Branch, AFPC/DPPPE, reviewed this  application
and noted that the applicant was considered  and  nonselected  by  the
CY97B (2 Jun 97 - P0597B), P0597E, and CY99A  (15  Apr  99  -  P0599A)
lieutenant colonel boards.  There was no CY98 lieutenant colonel board
for JAG officers.  The applicant separated from active duty on 25  Oct
99 and is now a Reserve officer.  In Feb 99, the applicant was granted
promotion reconsideration by the P0597B and  P0597E  boards  based  on
corrections to his Officer  Preselection  Briefs  (OPBs)  reviewed  by
those boards.  He was nonselected by each board.

According to DPPPE, they consider a PRF to be a valid document at  the
time it was prepared.  It is inappropriate to change a  PRF  after  it
has become a matter of record, simply  to  add  information  that  was
readily available during the original preparation  process.   However,
in this particular case, the senior rater stated he  was  misinformed.
The Military Personnel Flight (MPF)  told  him  Professional  Military
Education (PME) recommendations were not  permitted  on  the  PRF  (HQ
AF/JAX was giving faulty guidance during the time the PRF was prepared
because AFI 36-2401, The Officer Evaluation System, dated  1  Jul  96,
Figure  4.1,  Line  12,  Note  3,  states  [in  part],   “Do   include
recommendations for PME...if the Central  Selection  Board  (CSB)  for
which the PRF is written will also submit officers  for  PME  ...  JAG
officers are not considered for PME by CSBs.”)

DPPPE indicated that they also  believe  that  the  lack  of  the  PME
recommendation  on  an  otherwise  strong  record  would  send  “mixed
signals” to the CSB resulting  in  the  applicant's  nonselection  for
promotion. However,  they  do  not  recommend  approval  of  the  word
“Definitely” on the  PRF,  because  it  was  not  the  senior  rater's
original  intent  and  was  not  addressed.   They  recommend  partial
approval of the applicant’s request.

A complete copy of the DPPPE evaluation is at Exhibit C.

The  Officer  Promotion,  Appointments,  and  Selective   Continuation
Branch, AFPC/DPPPO, reviewed this application and indicated that based
on the  recommendation  by  AFPC/DPPPE,  they  have  no  objection  to
reconsideration by the P0597E board.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinions and indicated that he did not
agree with the recommendations.  He further  stated  that  he  had  no
further comments or evidence to submit.

Applicant’s complete response is at 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  After a thorough review  of
the evidence presented, particularly the statements  from  the  senior
rater and MLR president, a  majority  of  the  Board  is  sufficiently
persuaded that corrective action is warranted in this case.   In  view
of the foregoing, the Board majority recommends that the PRF  prepared
for consideration by
the CY97E Lieutenant Colonel Board  be  voided  and  replaced  with  a
reaccomplished PRF.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to  APPLICANT,  be  corrected  to  show  that  the  Promotion
Recommendation,  AF  Form  709,  prepared  for  consideration  by  the
Calendar Year 1997E Lieutenant Colonel Board, which convened on  8 Dec
97, be declared void and removed from his  records  and  the  attached
reaccomplished PRF, which reads “Definitely send to SSS and Promote!,”
be accepted for file in its place.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Calendar Year 1997E Lieutenant Colonel Board, which convened on 8  Dec
97, with inclusion of the reaccomplished PRF.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 May 01, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Mr. William H. Anderson, Member
      Mr. John E. B. Smith, Member

Mr. Romo and Mr. Smith voted to correct the records,  as  recommended.
Mr. Anderson abstained from consideration  of  the  application.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 21 Dec 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 23 Feb 01.
     Exhibit D.  Letter, AFPC/DPPPO, dated 7 Mar 01.
     Exhibit E.  Letter, SAF/MIBR, dated 16 Mar 01.
     Exhibit F.  Letter, applicant, dated 19 Mar 01.




                                   HENRY ROMO, JR.
                                   Panel Chair










AFBCMR 00-02209




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 the Promotion
Recommendation, AF Form 709, prepared for consideration by the
Calendar Year 1997E Lieutenant Colonel Board, which convened on 8 Dec
97, be declared void and removed from his records and the attached
reaccomplished PRF, which reads “Definitely send to SSS and Promote!,”
be accepted for file in its place.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 1997E Lieutenant Colonel Board, which convened on 8 Dec
97, with inclusion of the reaccomplished PRF.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachment:
AF Form 709