RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00745
            INDEX CODE:  111.00, 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 16 Nov 99
through 15 Nov 00 be corrected and substituted with  a  reaccomplished
OPR.

His Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 2001A (CY01A) Central Colonel Selection Board, which
convened  on  8  Jan  01,  be  corrected  and   substituted   with   a
reaccomplished PRF.

He be given Special Selection Board (SSB) consideration for  promotion
to the grade of colonel in accordance with the provisions  of  10  USC
628 and 10 USC 628(b)(2), specifically that the  instructions  to  the
members  of  the   SSB   define   a   “definitely   promote”   overall
recommendation on a PRF at an SSB as being equivalent to a “definitely
promote” recommendation on  PRFs  considered  at  scheduled  promotion
boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 15 Nov 00 contained material  errors,  which  directly
resulted in material errors in his CY01A PRF.  These  material  errors
may have caused or contributed to his nonselection  for  promotion  to
the grade of colonel.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, supportive statements from his rater, additional rater, and
senior rater, copies of  the  original  contested  OPR  and  PRF,  the
reaccomplished OPR and PRF, his appeals under the provisions of AFI 36-
2401, the Judge Advocate General (JAG) OPR/PRF Writing Guide, the OPRs
of other officers considered by the CY01A board, and  other  documents
associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
lieutenant colone1, having been promoted to that grade on  1  Aug  97.
His Total Active Federal Military Service Date (TAFMSD) is 29 May 85.

Applicant's OPR profile since 1989 follows:

      PERIOD ENDING    EVALUATION

      18 Mar 89              Meets Standards
       8 Sep 89              Meets Standards
       5 Aug 90              Meets Standards
       5 Aug 91              Meets Standards
       5 Aug 92              Meets Standards
      23 May 93              Meets Standards
      23 May 94              Meets Standards
      15 Nov 94              Meets Standards
      15 Nov 95              Meets Standards
      10 Nov 96              Meets Standards
      15 May 97              Meets Standards
      28 Jan 98              Meets Standards
      28 Jan 99              Meets Standards
      15 Nov 99              Meets Standards
 *#  15 Nov 00               Meets Standards

* Contested report.

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel by the  CY01A  (8  Jan  01)  Colonel
Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommended denial.   AFPC/DPPP  noted  that  the  applicant
submitted two appeals to the Evaluation Reports Appeal  Board  (ERAB).
The ERAB denied his requests  because  the  applicant  wanted  to  use
prohibited comments in the OPR (i.e., recommending for positions above
his current grade--veiled promotion statements) that were used in  the
JAG  OPR/PRF  writing  guide.   AFI  36-2406,  Officer  and   Enlisted
Evaluation Systems, dated 1 Jul 00, states that field agencies may not
publish  supplements  that  change  basic  policies  and   procedures.
According to AFPC/DPPP, the applicant did not provide  any  additional
evidence in support of his  appeal,  and  there  was  no  evidence  of
injustice.

A complete copy of the AFPC/DPPP evaluation is at Exhibit C.

AFPC/DPPPO recommended denial.  AFPC/DPPPO indicated that they  concur
with the ERAB’s findings, as well as the AFPC/DPPP advisory, and  that
there is nothing further they could add to the matter under review.

A complete copy of the AFPC/DPPPO evaluation, with attachments, is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant  indicated  either  his  OPR  contained
material errors, or he was placed at a disadvantage at  the  promotion
board because the  OPRs  of  other  individuals  contained  prohibited
comments.  In  his  view,  the  Air  Force’s  position  is  internally
inconsistent.

According to the applicant, a fair reading  of  his  package  provides
overwhelming evidence that the playing field  was  not  level  at  the
CY01A colonel board.

Applicant’s complete response is at 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 injustice warranting corrective action in this case.

      a.  Concerning the applicant’s request that his OPR  closing  15
Nov 00 be voided and replaced with a reaccomplished OPR, we  note  the
rater of the contested report indicated that in his  attempt  to  make
the applicant’s OPR as strong as possible, he included language in the
draft of the OPR that the additional rater had him  remove  before  it
was finalized because he believed it was prohibited;  i.e.,  a  veiled
promotion recommendation.  Both the rater  and  the  additional  rater
subsequently became aware that the Judge Advocate  General  (JAG)  had
published an OPR/PRF writing guide which contained an  example  of  an
assessment for a lieutenant colonel (0-5)  that  was  similar  to  the
language that was not permitted for inclusion in the  applicant’s  OPR
closing 15 Nov 00.  The additional rater stated that had he  known  of
the apparent change to the rule against promotion recommendations,  he
would have allowed the language proposed by  the  rater  in  the  OPR,
which is now included in the reaccomplished OPR.   Besides  the  above
supportive statements, the applicant  also  has  provided  documentary
evidence which appears to support his assertion that similar  language
may have been used in the OPRs of other JAG officers  which  may  have
put him at a disadvantage when he was considered for promotion to  the
grade  of  lieutenant  colonel.   Furthermore,  since  the  time   the
contested report was prepared, there seems to have been  a  change  in
policy concerning the prohibition against promotion recommendation  in
OPRs.   Notwithstanding  the  apparent  prohibited  comments  in   the
reaccomplished OPR, in view  of  the  foregoing,  and  to  remove  the
possibility of an injustice, we recommend  that  the  applicant’s  OPR
closing 15 Nov 00 be voided and replaced with the reaccomplished  OPR,
as an exception to policy.

      b.  Regarding the applicant’s request  that  the  CY01A  PRF  be
voided and replaced with a reaccomplished  PRF,  we  note  the  senior
rater stated that he relied heavily on the original OPR closing 15 Nov
00, which was void of the language now included in the  reaccomplished
OPR, and that it was the basis for his “Promote” recommendation on the
original PRF.  In view of our  recommendation  to  have  the  original
report voided and replaced with the reaccomplished one and the  senior
rater has provided a “Definitely Promote” PRF  for  inclusion  in  the
applicant’s records based on the reaccomplished OPR, we also recommend
that the CY01A PRF be voided and replaced with a reaccomplished PRF.

      c.  In view of the foregoing,  we  further  recommend  that  the
applicant be given appropriate SSB consideration  with  his  corrected
records.

4.  We note  the  applicant’s  request  that  the  Board  direct  that
instructions be given to  the  SSB  members  regarding  a  “definitely
promote” recommendation at an  SSB,  however,  we  have  no  basis  to
question the integrity of the SSB process and we are not  inclined  to
direct that special instructions be given to the members regarding its
procedures.

_________________________________________________________________

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 16 Nov 99 through 15 Nov 00 be  declared
void and removed from his records.

      b.  The attached OPR, AF Form 707A, rendered for the  period  16
Nov 99 through 15 Nov 00, which reflects in Section VI, Rater  Overall
Assessment, “…assign as Chief Circuit Military Judge  or  MAJCOM/SJA!”
be inserted in his  officer  selection  folder,  as  an  exception  to
policy.

            c.  The  Promotion  Recommendation  (PRF),  AF  Form  709,
prepared for consideration by the Calendar Year 2001A (CY01A)  Central
Colonel Selection Board, which  convened  on  8 Jan 01,  indicating  a
“Promote” recommendation in Section  IX,  Overall  Recommendation,  be
declared void and removed from his records.

             d.  The  attached  PRF,  AF  Form   709,   prepared   for
consideration by the CY01A Central Colonel Selection Board  indicating
a  “Definitely  Promote”  recommendation  in   Section   IX,   Overall
Recommendation, be inserted in his officer selection folder.

It is further recommended that he be considered for promotion  to  the
grade of colonel by a Special Selection Board for  the  CY01A  Central
Colonel Selection Board and for any subsequent boards  for  which  the
OPR closing 15 Nov 00 was a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00745 in Executive Session on 16 Jul 02, under the provisions  of  AFI
36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. James E. Short, 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 28 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 7 May 02.
     Exhibit D.  Letter, AFPC/DPPPO, dated 7 May 02, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 17 May 02.
     Exhibit F.  Letter, applicant, dated 20 May 02.




                                   PEGGY E. GORDON
                                   Panel Chair










AFBCMR 02-00745




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:

            a.  The Field Grade Officer Performance Report (OPR),
AF Form 707A, rendered for the period 16 Nov 99 through 15 Nov 00 be,
and hereby is, declared void and removed from his records.

            b.  The attached OPR, AF Form 707A, rendered for the
period 16 Nov 99 through 15 Nov 00, which reflects in Section VI,
Rater Overall Assessment, “…assign as Chief Circuit Military Judge or
MAJCOM/SJA!” be inserted in his officer selection folder, as an
exception to policy.

                 c.  The Promotion Recommendation (PRF), AF Form 709,
prepared for consideration by the Calendar Year 2001A (CY01A) Central
Colonel Selection Board, which convened on 8 Jan 01, indicating a
“Promote” recommendation in Section IX, Overall Recommendation, be,
and hereby is, declared void and removed from his records.

                 d.  The attached PRF, AF Form 709, prepared for
consideration by the CY01A Central Colonel Selection Board indicating
a “Definitely Promote” recommendation in Section IX, Overall
Recommendation, be inserted in his officer selection folder.

            It is further directed that he be considered for promotion
to the grade of colonel by a Special Selection Board for the CY01A
Central Colonel Selection Board and for any subsequent boards for
which the OPR closing 15 Nov 00 was a matter of record.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachments:
1.  AF Form 707A
2.  AF Form 709