RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00318

            INDEX NUMBER:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The close-out date of his 30 Jul 99  Officer  Performance  Report  (OPR)  be
changed to 13 Jul 99; and that Sections VI (Rater Overall Assessment),  line
9, and VII (Additional  Rater  Overall  Assessment),  line  5,  on  the  OPR
closing 6 March 1999  be  changed  from  “CD”  to  “CC”;  and,  that  he  be
considered for promotion to  the  grade  of  colonel  by  Special  Selection
Boards for the CY99A (2 Aug 99) and CY00A (17 Jul 00)  colonel  boards  with
the corrected reports.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His original DEROS from overseas was in Jul 99 and would have  generated  an
OPR with a departure date after 4 Jul (based on 120  days  of  supervision).
He extended until Aug 99, but the OPR was not closed out until 30  Jul,  and
was not considered as a part  of  his  promotion  folder  for  the  Aug  99,
Colonel promotion board.   Because  of  the  extreme  operation  tempo,  his
report was not expedited as is common processing practice in order for  them
to be made a part of the promotion folder.

Applicant states that he mistakenly referenced the current AFI 36-2406 in  a
previous request to have his Jul 99 OPR  closing  dates  altered.   HQ  AFPC
returned the request without action and cited AFI 36-2402, the AFI in  force
during the period in question.  He further states the fact remains that  OPR
processing is commonly hastened to  ensure  promotion  board  consideration;
his rater, additional rater, and reviewer concur.

In support of his appeal, applicant provided a  personal  statement,  copies
of his OPRs closing 6 Mar 99 and 30 Jul 99; DISA-PAC assignment  orders  and
amendments;  letters  of  support  from  his  rater,  additional  rater  and
reviewer for his OPR closing 6 Mar 99 and a copy of his ERAB package.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s total active federal commissioned service date  (TAFCSD)  is  18
May 1978.  He is currently serving  in  the  grade  of  lieutenant  colonel,
having been promoted to that grade, effective 1 May 1994.

Applicant's OPR profile for the last ten reporting periods follows:

      PERIOD ENDING    OVERALL EVALUATION

       6 Mar 92  Meets Standards (MS)
       6 Mar 93  MS
       6 Mar 94  MS
       6 Mar 95  MS
       6 Mar 96  MS
       6 Mar 97  MS
      6 Mar 98   MS
   *  6 Mar 99   MS
   # 30 Jul 99   MS
      30 Jul 00  MS


*Contested report - top report on file when considered and  nonselected  for
promotion by the CY99A Colonel Selection Board, which convened on 2 Aug 99.

# Contested report - the report was signed  by  the  rater  8  Sep  99,  the
additional rater on 14 Sep 99, and the reviewer on 28 Oct 99.   It  was  the
top report on file when considered and  nonselected  for  promotion  by  the
CY00A Colonel Selection Board, which convened on 17 Jul 00.

_________________________________________________________________

AIR FORCE EVALUATION:

The Performance Evaluation  Section,  HQ  AFPC/DPPPEP,  and  the  Evaluation
Programs  Branch,  HQ  AFPC/DPPPE,  considered  and  recommended  that   the
applicant’s request be denied.  They accepted the Evaluation Report  Appeals
Board  (ERAB)  findings  and  stated  that  IAW  AFI  36-2402,  the  Officer
Evaluation System, the closeout date on the contested  report  is  accurate.
Therefore, it would not be appropriate to change the  closeout  date.   They
further state the applicant’s request to change the  job  recommendation  on
his 6 Mar 99 OPR from “GP/CD” TO  “GP/CC”  is  not  prohibited  and  can  be
placed on a lieutenant colonel’s report; therefore, they have  no  objection
to granting the applicant’s request to change the last line in  Sections  VI
and VII to “GP/CC.”

Complete copies of the Air Force evaluations are at Exhibits C and D.

The  Officer  Promotion,  Appts,  &  Sel  Cont.  Br.,  HQ  AFPC/DPPPO,  also
considered  the  applicant’s  request  for  reconsideration  by  a   special
selection board.  They state based on the recommendation of HQ  AFPC/DPPPEP,
they would not  object  to  promotion  reconsideration  by  the  P0699A  and
P0600A, because the 6 Mar 99 report was a matter of record for both boards.

As to the 30 Jul 99 report they pointed out that  it  is  not  realistic  to
hold the Air Force accountable for expedition of reports that close  out  in
close  proximity  to  the  promotion  boards.   They   further   state   the
applicant’s rating chain signed the contested  report  after  the  promotion
board, indicating to them, they had no intention to expedite the  processing
of the report.  They recommended denial of the applicant’s request  for  SSB
consideration on this issue.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluation and requested that his  July  1999
report also be included for supplemental consideration (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 warranting  a  change  to  the  job
recommendation on the OPR rendered for the period 7 March 1998  to  6  March
1999.  After reviewing the comments provided from the Air Force, it  appears
that the recommendation that was proposed by the rater was  not  prohibited.
The rater has provided a statement indicating that he wanted  to  include  a
recommendation for “GP/CC” on the report; however, he was  advised  that  it
was prohibited.  The  additional  rater  and  reviewer  concurred  with  the
rater’s statement.  In view of this, we  believe  that  the  OPR  closing  6
March 1999 should be amended to include the job recommendation  of  “GP/CC.”
A majority of the Board further recommends that the applicant be  considered
for promotion by Special Selection Boards (SSBs) for  the  CY99A  and  CY00A
Central Colonel Selection Boards with the corrected report included  in  his
records.
4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable  error  or  injustice  warranting  correction  to  the
contested OPR rendered  for  the  7 March  1999  to  30  July  1999.   After
reviewing the  evidence  of  record,  the  majority  of  the  Board  is  not
persuaded that the close out date of the contested OPR closing 30 July  1999
should be changed.  The majority of the Board  notes  that  the  report  was
processed in accordance with the applicable Air Force instruction in  effect
at that time.  Therefore, in the absence of evidence to  the  contrary,  the
majority of the Board finds no basis upon which to  recommend  a  change  to
this report.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that the Field Grade Officer  Performance
Report, AF Form  707A,  rendered  for  the  period  07  March  1998  through
06 March 1999, be amended in Sections VI (Rater Overall Assessment) line  9,
and VII (Additional Rater Overall Assessment),  line  5,  to  read  “…GP/CC”
rather than “…GP/CD.”


It is further recommended that he be considered for promotion to  the  grade
of colonel by Special Selection Board for the Calendar Year  1999A  and  any
subsequent boards for which the now corrected OPR was a matter of record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 13 June 2001, under the provisions of AFI 36-2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Mr. Michael V. Barbino, Member
                 Mr. Philip Sheuerman, Member

By unanimous decision, the Board  voted  to  grant  applicant’s  request  to
change the job recommendation on the  OPR  closing  6 March  1999,  to  read
“GP/CC.”  A majority of the Board voted to  grant  Special  Selection  Board
(SSB) consideration by the CY99A and CY00A Central Colonel Selection  Boards
with the corrected OPR included in the applicant’s records.   Mr.  Sheuerman
voted to deny SSB consideration and did not  desire  to  submit  a  minority
report.

By a majority vote, the Board voted to deny the request for a change of  the
close out date on the OPR closing 30 Jul 99.   Mr. Barbino  voted  to  grant
the request and did not desire to submit a minority report.   The  following
documentary evidence was considered:


     Exhibit A.  DD Form 149, dated 29 Jan 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 23 Feb 01.
     Exhibit D.  Letter, HQ AFPC/DPPPE, dated 19 Mar 01.
     Exhibit E.  Letter, HQ AFPC/DPPPO, dated 23 Mar 01.
     Exhibit F.  Letter, SAF/MIBR, dated 6 Apr 01.
     Exhibit G.  Letter, Applicant, dated 23 May 01.




                                           VAUGHN         E.         SCHLUNZ
















                                   Panel Chair


AFBCMR 01-00318




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, be corrected to show that  the  Field  Grade  Officer
Performance Report, AF Form 707A, rendered for  the  period  07  March  1998
through 06 March 1999, be and hereby  is,  amended  in  Sections  VI  (Rater
Overall Assessment) line 9, and VII (Additional Rater  Overall  Assessment),
line 5, to read “…GP/CC” rather than “…GP/CD.”


      It is further directed that he be  considered  for  promotion  to  the
grade of colonel by Special Selection Board for the Calendar Year 1999A  and
any subsequent boards for which the  now  corrected  OPR  was  a  matter  of
record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency