RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02493
            INDEX NUMBER:  111.01

      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered for the period 21 Sep
98 through 24 May 99 be declared void and replaced with  a  revised
report covering the same period.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His rating chain failed to indicate their support for  his  ability
to command because of their adherence to a local group policy.

The Evaluation Reports Appeal Board (ERAB) denied an application he
submitted on the above requests, but approved  another  application
on an individual from his unit that was almost  identical  to  his.
He believes this inconsistency is either an error or injustice.

The applicant’s complete submission is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD)
is 30 May 84.  He is presently serving on active duty in the  grade
of major.  The overall rating  on  his  last  ten  OPRs  is  “meets
standards.”  Based on documentation submitted by the applicant,  on
22 Jun 00, he submitted an appeal  to  the  ERAB  to  substitute  a
revised OPR for the report in his record closing  out  24  May  99.
His appeal was denied.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Evaluations  Program  Branch,   AFPC/DPPPE,   evaluated   this
application and recommends  partial  approval  of  the  applicant’s
request.

The decision by the ERAB to approve the appeal package of the other
individual in the applicant’s unit is extremely supportive  to  the
applicant’s case.   The  applicant  has  also  provided  supporting
memorandums from his rater and additional rater that the assignment
recommendation on his OPR was based on their adherence to the local
policy of recommending the next duty  position.   They  acknowledge
that an injustice has been done.

They recommend that the rater  be  allowed  to  rewrite  the  final
bullet  in  section  VI  to  convey  a  clear  command   assignment
recommendation and that the Duty Title and Key Duties,  Tasks,  and
Responsibilities be corrected as provided by the  applicant.   They
do not recommend a rewrite of the additional rater’s  final  bullet
in section VII.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated that he contacted  the  office  of  primary
responsibility (OPR) for the Air Force evaluation  to  clarify  the
recommendation to not allow the additional  rater  to  rewrite  the
final bullet in section VII.  The applicant indicates that  he  was
told that it was the opinion of the OPR that the  additional  rater
had already made a clear  command  recommendation  because  of  the
wording used in the bullet.

The applicant states that he does not  believe  that  this  is  the
clear  command  recommendation  that  his  evaluators  intended  as
supported in his application.  The applicant states  that  even  if
the statement by the additional rater is clear support for command,
it is immediately contradicted by the statement “make an operations
officer.”  The applicant emphasizes that  the  failure  to  clearly
communicate a command recommendation is the exact  purpose  of  his
appeal.

The applicant’s complete response is at Exhibit E.

___________________________________________________________________

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.   Based  on  the
evaluation  provided  by  the   Air   Force   office   of   primary
responsibility,  there  are  grounds  to  correct  the  applicant’s
record.  The Board does not agree, however, with  the  Air  Force’s
rationale to only grant the applicant partial  relief.   The  Board
finds merit in the  argument  raised  by  the  applicant  that  the
corrections recommended by the Air Force are not  in  keeping  with
what he requested and what his evaluators intended.  The Board also
agrees  that  the  comments  of  the  additional  rater  could   be
interpreted as not conveying clear support for  command.   Further,
since  the  applicant’s  records  were  not  correct  when  he  was
considered for promotion by  the  Calendar  Year  1999B  Lieutenant
Colonel Promotion Board, he should be considered for  promotion  by
Special Selection Board (SSB) with a corrected record.   Therefore,
the Board recommends that the  record  be  corrected  as  indicated
below.

___________________________________________________________________

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 21 September 1998 through 24 May
1999, be, and  hereby  is,  declared  void  and  removed  from  his
records.

      b.  The attached Field Grade Officer Performance Report, AF
Form 707A, rendered for the period 21 September 1998 through 24 May
1999, reflecting in Section VII., Additional Rater Overall
Assessment, in the last sentence, “make a commander now and
definitely send to SSS” be, and hereby is, accepted for file and
placed in his record in its proper sequence.

It is  further  recommended  that  his  record  be  considered  for
promotion to the  grade  of  lieutenant  colonel  by  SSB  for  the
Calendar Year 1999B Lieutenant Colonel  Selection  Board,  and  any
subsequent boards for which the now  reaccomplished  OPR,  rendered
for the period 21 September 1998 through 24 May  1999,  was  not  a
matter of record.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 4 January 2001, under the provisions of AFI 36-
2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. Christopher Carey, Member
      Mr. Dale O. Jackson, Member

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

     Exhibit A.  DD Form 149, dated 9 May 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 17 Oct 00.
     Exhibit D.  Letter, SAF/MIBR, dated 3 Nov 00.
     Exhibit E.  Memorandum, Applicant, dated 6 Nov 00.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



AFBCMR 00-02493




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 XXXXXXX, XXX-XX-XXXX, be corrected to show that:

            a.  The Field Grade Officer Performance  Report  (OPR),
AF Form 707A, rendered for the period 21 September 1998 through  24
May 1999, be, and hereby is, declared void  and  removed  from  his
records.

              b.  The attached Field Grade Officer Performance
Report, AF Form 707A, rendered for the period 21 September 1998
through 24 May 1999, reflecting in Section VII., Additional Rater
Overall Assessment, in the last sentence, “make a commander now and
definitely send to SSS” be, and hereby is, accepted for file and
placed in his record in its proper sequence.

      It is further directed that his record be considered for
promotion to the grade of lieutenant colonel by SSB for the
Calendar Year 1999B Lieutenant Colonel Selection Board, and any
subsequent boards for which the now reaccomplished OPR, rendered
for the period 21 September 1998 through 24 May 1999, was not a
matter of record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency
Attachment:
Reaccomplished OPR