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AF | BCMR | CY2001 | 0100141
Original file (0100141.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-00141
                 INDEX CODE:  112.05
                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Officer Performance Report (OPR) closing 5  June  2000  be  declared
void and replaced with a reaccomplished report for the same period.

2.  He be considered for promotion  to  the  grade  of  colonel  by  Special
Selection Board (SSB) for the CY00A Colonel Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His Group Commander, Deputy Group Commander,  Group  Executive  Officer  and
himself all had a permanent change  of  station  (PCS)  from  the  37th  TRG
between 1 June 2000 and 7 July 2000.  As a result, the OPR that should  have
been in his record when it met the 17 July 2000 colonel promotion board  was
missing.  This did not show up in the missing report  because  there  was  a
current OPR in the record, but it failed to recognize a  significant  amount
of work accomplished during the preceding nine  months.   The  missing  OPR,
coupled with a missing medal, presumably sent a  message  to  the  promotion
board that his service at Lackland AFB was somehow lacking.

In support of his  request,  the  applicant  submits  a  reaccomplished  OPR
signed 30 October 2000, memorandums dated 20 December 2000 and  26  December
2000 endorsed by the applicant's former  and  current  group  commander  and
wing commander as well as copies of e-mail  traffic  between  the  applicant
and his former commanders (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second lieutenant in  the  Air  Force  Reserve
and was ordered to extended  active  duty  on  19 September  1979.   He  was
integrated into the Regular Air Force and was progressively promoted to  the
grade of lieutenant colonel with a date of rank of 1 June 1996.   Subsequent
to his promotion to that grade, he  received  six  (6)  Officer  Performance
Reports (OPRs) in which the overall evaluations were "Meets  Standards."  He
was considered and non-selected for promotion to the  grade  of  colonel  by
the CY00A (P0600A) Colonel Selection Board that convened on 17 July 2000.

___________________________________________________________________

AIR FORCE EVALUATION:

The Officer Promotions, Appointments,  and  Selection  Continuation  Branch,
AFPC/DPPPO, indicated their interpretation of  the  applicant’s  request  is
that he wants to change the date-filed stamp on his OPR to  reflect  5  June
2000.  The date stamp on  each  document  field  in  the  officer  selection
record (OSR) reflects  the  date  the  document  was  filed  and  became  an
official matter of record.  To comply with the  applicant’s  request,  DPPPO
would, in effect, have the OPR filed before the  final  evaluator  completed
the document on 30 October 2000 and DPPPO does not support this action.

DPPPO states  that  while  it  may  be  argued  that  the  missing  OPR  and
Meritorious Service Medal (MSM) 4th OLC  were  factors  in  the  applicant’s
nonselection, there is no  clear  evidence  that  their  absence  negatively
impacted his promotion opportunity.  DPPPO is not convinced the  absence  of
the  OPR  and  decoration  contributed  to  the  applicant’s   nonselection.
Furthermore, the applicant has  not  substantiated  that  an  administrative
error occurred in the processing of his OPR prior to the convening  date  of
the selection board in question.

DPPPO is of the opinion that to grant the applicant the relief  he  requests
would be unfair to all  other  officers  who  also  had  several  months  of
undocumented accomplishments and were also nonselected.  As such,  DPPPO  is
opposed to granting the applicant any form of relief and  does  not  support
promotion consideration by the P0600A board (Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed and disagreed with  the  Air  Force  evaluation.   He
continues to assert that this is not simply a case of  an  OPR  being  filed
late, and that it is unfair to him not to have had his OPR in his  OSR  when
the promotion board met on 17 July 2000.  In further support of his  appeal,
he provided a copy of a reaccomplished OPR, signed on 6  June  2000  by  the
his original rater and additional rater, and two  letters  from  his  former
commanders expressing their support and  opinion  concerning  his  promotion
potential.  A complete copy of the applicant's rebuttal,  with  attachments,
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.   The  Board  took  note  of  the
rater’s and senior rater’s statement indicating that the  original  OPR  was
lost and that the applicant should not be penalized for this  administrative
error.  In view of these statements, we recommend that the contested OPR  be
declared void and replaced with the reaccomplished report.  In addition,  we
recommend his record to include the reaccomplished  report  closing  5  June
2000, be considered for promotion to the grade of colonel  by  SSB  for  the
CY00A selection board.  As a matter of information,  applicant  should  take
the necessary steps to have the citation for the MSM  (4OLC)  filed  in  his
records prior to the convening of the SSB.
_________________________________________________________________

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 AF Form 707A Field Grade Officer Performance  Report,  rendered  for
the period, 11 September 1999 through  5  June  2000,  be,  and  hereby  is,
declared void and removed from his records.

b.   The  attached  reaccomplished  AF  Form  707A   Field   Grade   Officer
Performance Report (OPR), rendered for the period 11 September 1999  through
5 June 2000, be inserted in his records in place of the voided OPR.

It is further recommended that his record,  to  include  the  reaccomplished
OPR closing 5 June 2000,  be  considered  for  promotion  to  the  grade  of
colonel by Special Selection Board for the CY00A Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 June 2001, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Mr. Albert R. Lowas, Jr., 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 12 Jan 01 w/atchs.
     Exhibit B.  Applicant’s Master personnel Records
     Exhibit C.  Letter, AFPC/DPPPOO, dated 12 Feb 01.
     Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
     Exhibit E.  Applicant’s Response, dated 22 May 01 w/atchs.



                                  HENRY ROMO, JR.
                                  Panel Chair
AFBCMR 01-00141




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 APPLICANT, be corrected to show that:

         a.  The AF Form 707A Field Grade Officer Performance Report,
rendered for the period, 11 September 1999 through 5 June 2000, be, and
hereby is, declared void and removed from his records.


         b.  The attached reaccomplished AF Form 707A Field Grade Officer
Performance Report, (OPR) rendered for the period 11 September 1999 through
5 June 2000, be inserted in his records in place of the voided OPR.

It is further directed that his record, to include  the  reaccomplished  OPR
         closing 5 June 2000, be considered for promotion to the  grade  of
         colonel by Special Selection Board for the CY00A Colonel Selection
         Board.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachment:
Reaccomplished OPR

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