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AF | BCMR | CY2002 | 0200148
Original file (0200148.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00148
            INDEX CODE:  114.02, 131.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) rendered for the period  30 May  98
through 29 May 99, be replaced with a corrected OPR.

2.  He be considered for promotion to the grade  of  lieutenant  colonel  by
Special Selection Board (SSB) for the Calendar Year  2000  (CY00A)  and  the
CY01B central selection boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an oversight on part of his rating chain, the OPR contains errors  of
omissions that resulted in  an  unjust  and  inaccurate  evaluation  of  his
performance and potential.  In particular,  the  OPR  omits  recommendations
for Professional Military Education (PME) or command potential.  His  rater,
additional rater, and reviewer agree that the OPR should be replaced with  a
corrected report.   He  previously  submitted  an  application  through  the
Evaluation Reports Appeal Board (ERAB) that was denied.   The  ERAB  assumes
that all OPRs receive exhaustive reviews  prior  to  becoming  a  matter  of
record.  However, history has shown that not  all  OPR  reviews  are  either
exhaustive or flawless.

In support of  his  request  applicant  provided  a  personal  statement,  a
corrected OPR, documents associated with his ERAB  appeal,  and  letters  of
support from his rating chain.  His complete submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
was appointed a second lieutenant, Reserve of the Air Force, on  14  Mar  85
and was voluntarily ordered to extended active duty on that same  date.   He
has been progressively promoted to the grade of major, having  assumed  that
grade effective and with a date of rank of 1 Nov 96.  He was considered  and
not selected for promotion to the grade of lieutenant colonel by  the  CY00A
(28 Nov 00) and the CY01B (5 Nov 01) Central  Lieutenant  Colonel  Selection
Boards.  He currently has a projected date of separation of 30 Apr 02.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  reviewed  applicant's  request  and  recommends  denial.   DPPPE
states that the applicant cites several cases previously disapproved by  the
ERAB, because they were based on omitted job and  PME  recommendations  that
were later approved by the AFBCMR.  However, he did not  provide  copies  of
the case files  to  determine  if  the  cases  are  similar  or  the  AFBCMR
deliberation  records  to  show  the  individuals'  statements   that   were
considered when the decisions were rendered.  The  rating  chain  originally
stated the PME, command recommendations and stratification were missing  due
to an oversight.  Later the rater explained the omissions were due  to  lack
of training or guidance addressing the importance of  these  statements  and
that the subsequent OPR contained the recommendations.  However, he did  not
explain why  the  error  was  not  addressed  until  after  the  applicant's
nonselection for promotion.  The DPPPE evaluation is at Exhibit C.

AFPC/DPPPO reviewed applicant's request, concurs with  the  DPPPE  advisory,
and recommends denial.  The DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  1
Mar 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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.  In  support  of  his  contention,
the applicant provided credible evidence from his rating  chain,  which  has
led us to believe that the contested OPR did not  accurately  portray  their
assessment of his promotion potential.  Given the unequivocal  support  from
the senior Air Force officers involved, and having no  plausible  reason  to
doubt their integrity in this matter, we  believe  that  the  contested  OPR
should be declared void and replaced with  a  corrected  OPR,  and  that  he
should be considered by  SSB  for  promotion  to  the  grade  of  lieutenant
colonel.  Therefore, in view of the above findings, we  recommend  that  his
records be corrected to the extent 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  the  AF  Form  707A,  Field  Grade
Officer Performance Report (OPR),  rendered  for  the  period  30  May  1998
through 29 May 1999, be declared void and removed  from  his  records;  and,
the attached OPR 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  CY00A  Central
Lieutenant Colonel Selection Board and for any subsequent  boards  in  which
the above correction was not a matter of record.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00148  in
Executive Session on 10 Apr 02, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Albert F. Lowas, Jr., Member
      Ms. Carolyn B. Willis, Member

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

     Exhibit A.  DD Form 149, dated 9 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPE, dated 31 Jan 02.
     Exhibit D.  Letter, AFPC/DPPO, dated 20 Feb 02
     Exhibit E.  Letter, SAF/MRBR, dated 1 Mar 02.




                             CHARLENE M. BRADLEY
                                             Panel Chair

AFBCMR 02-00148




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 AF Form 707A, Field
Grade Officer Performance Report (OPR), rendered for the period 30 May 1998
through 29 May 1999 be, and hereby is, declared void and removed from his
records; and, the attached OPR 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 CY00A
Central Lieutenant Colonel Selection Board and for any subsequent boards in
which the above correction was not a matter of record.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachment:
OPR

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