RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01070
            INDEX CODE:  111.01
            COUNSEL:  MR. FRED L. BAUER

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) closing 31 May  1999  and  any
mention of his relief of  command  be  removed  from  his  records  and  his
corrected record be considered for promotion  to  the  grade  of  lieutenant
colonel.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The referral OPR is inconsistent with his performance and the  feedbacks  he
received.  He bore the brunt of the problems within the unit.

In support of the applicant’s appeal, his counsel provided a  21-page  brief
with attachments, which consists of letters of support from  the  additional
rater, and reviewer of the contested  report,  a  letter  by  the  applicant
requesting  removal  of  all  negative   references   from   the   contested
performance report.

Counsel’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a Regular Air Force  officer  whose  Total  Active  Federal
Military Service Date is 7 February 1984.  He is currently  serving  in  the
grade of major having been promoted to that grade  on  1  March  1998.   His
decorations  include  the  Meritorious  Service  Medal  w/3 OLC,  Air  Force
Commendation Medal w/4 OLC, Air Force Achievement  Medal  w/3  OLC  and  the
Colonel Billy Jack Carter Award. Applicant’s OPR  profile  for  the  last  5
reporting period follows:

Period Ending                           Evaluation

26 May 1996            Meets Standards
24 April 1997                Meets Standards
24 April 1998                Meets Standards
*31 May 1999                 Meets Standards
31 May 2000            Meets Standards
*Denotes Contested Report
Applicant did not file an  appeal  under  the  provisions  of  AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports.

_________________________________________________________________

AIR FORCE EVALUATION:

The Promotion, Evaluation and  Recognition  Division,  AFPC/DPPPE,  reviewed
this application  and  indicates  that  it  is  Air  Force  policy  that  an
evaluation report is accurate  as  written  when  it  becomes  a  matter  of
record.   Evaluators are  welcomed  to  consider  incidents  of  substandard
performance  and  their  significance   when   assessing   performance   and
potential.  DPPPE states that the reviewer of the contested  OPR  stands  by
his decision that removing the applicant from command was  appropriate  (See
Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the Air  Force  evaluation  and  provides  a  copy  of  the
applicant’s personal statement rebutting the advisory opinion.

Counsel’s complete response is attached 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  injustice.   After  reviewing  the  totality  of  the
evidence  provided,  in  particular,  the  supportive  statements   by   the
additional rater  and  review  of  the  contested  report,  we  believe  the
applicant’s  request  should  be  favorably  considered.   Both   evaluators
indicate while they continue in their opinion that the  applicant’s  removal
was in the  best  interest  of  the  unit  and  the  mission  based  on  the
information gathered in the Unit Climate Assessment, they have  subsequently
become privy to  information  which  indicates  that  he  was  subjected  to
extreme efforts to undermine his endeavors and he was  unfairly  blamed  for
the totality of the  unit’s  problems.   On  the  basis  of  this  recently-
obtained  information,  these  officers  believe  the  contested  report  is
excessively harsh and that the applicant’s career should not be  jeopardized
by  its  continued  presence  in  his  records.   After  reviewing  all  the
evidence, we accept their assessments of the issues raised in this case  and
are of the opinion that the report should be removed from his  records.   So
strong is our belief in this regard that we further  believe  any  reference
to the applicant’s removal from command  which  may  exist  in  his  records
should also be  removed.   It  is  unfortunate  that  the  applicant’s  duty
history will, for the remainder of his career, be marred by the  absence  of
a viable report for this period.  Should the applicant  be  able  to  secure
comments by some or all of  the  evaluators  to  replace  their  assessments
currently on the report; or, a reaccomplished report we would be willing  to
consider a request for further relief  with  respect  to  contested  report.
The applicant  should  be  aware,  however,  that  the  submission  of  such
material would not guarantee the approval of his request(s).   Any  decision
we might make would be based on our assessment of the evidence provided.

4.  Since the applicant is scheduled  for  promotion  consideration  to  the
grade of lieutenant colonel  In  the  Promotion  Zone  (IPZ)  by  the  board
scheduled to convene on 5  November  2001,  action  by  this  Board  on  the
applicant’s request for promotion consideration is not required.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that all documents and references  to  his
removal as the unit commander, 99th Ground  Combat  Training  Flight  (ACC),
Indian Springs Auxiliary Field, Nevada, including, but not limited  to,  the
Field Grade Officer Performance Report,  AF  Form  707A,  rendered  for  the
period 25 April 1998 to 31 May 1999 and  all  attachments  thereto,  be  and
hereby are, declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 31 July 2001, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Nancy W. Drury, Member
      Ms. Brenda L. Romine, Member

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

     Exhibit A.  DD Form 149, dated 26 March 2001 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, undated.
     Exhibit D.  Letter, SAF/MIBR, dated 15 June 2001.
     Exhibit E.  Letter, Applicant’s Counsel, dated 5 July 2001.


                                  JOSEPH A. ROJ
                                  Panel Chair

AFBCMR 01-01070




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 all documents and references to his
removal as the unit commander, 99th Ground Combat Training Flight (ACC),
Indian Springs Auxiliary Field, Nevada, including, but not limited to, the
Field Grade Officer Performance Report, AF Form 707A, rendered for the
period 25 April 1998 to 31 May 1999 and all attachments thereto, be and
hereby are, declared void and removed from his records.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency