RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-01148
            INDEX CODE 111.01
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The AF Form  77,  Supplemental  Evaluation  Sheet,  currently  in  his
records for the period 26 Feb 98 through 7 Nov 00,  be  replaced  with
one written by his commander or, in the  alternative,  his  period  of
retirement be reclassified as Education with Industry  (EWI)  so  that
his commander could base his assessment on comments provided  by  past
employers.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A previous BCMR action returned him to active duty in Nov 00.  Had  he
been allowed to remain on active duty,  he  would  have  received  two
additional Officer Performance Reports (OPRs). However, because of the
absence of reports covering the period 26 Feb 98 through 7 Nov 00,  he
has a limited record of service as a major. The AF Form  77  currently
in his records does not afford him a fair opportunity to  compete  for
promotion to lieutenant colonel. Also, he was not  competitive  for  a
supplemental school candidate slot due to his time in  grade  and  his
sparse records. Since the Board specified he had been the victim of an
error/injustice, an appraisal covering this period should be added  to
his record to make him whole. He and his current commander  maintained
personal contact during the timeframe in question so he was  aware  of
his [the applicant’s] work activities.

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

_________________________________________________________________

STATEMENT OF FACTS:

In Feb 98, the applicant was diagnosed  with  Crohn’s  disease.  While
awaiting Medical Evaluation Board (MEB) review, he was advised to file
for  a  15-year  retirement  under  the  Temporary  Early   Retirement
Authority (TERA) rather than risk almost certain medical discharge. He
was further advised that his retirement action would not be visible to
the  Calendar  Year  1998B  (CY98B)  Major  Selection  Board  and,  if
selected, he would have a 10-day option  to  withdraw  his  retirement
request. His request to retire on 1 Sep 98 under TERA was approved  on
27  Mar  98,  six  days  before  the  board  convened.  His  Promotion
Recommendation  Form  (PRF)  for  the  CY98B  board  had  an   overall
recommendation of “Definitely Promote.” The  top  report  covered  the
period from 26 Feb 97 through 25 Feb 98.   When  the  selection  board
convened on 6 Apr 08, it was aware of his 1 Sep  98  retirement  date.
The applicant was not selected. On 9 Apr 98, he was medically  cleared
to return to duty. He retired on 1 Sep 98  in  the  grade  of  captain
under the provisions of TERA.

He successfully appealed his nonselection and on 15 May 00  a  Special
Selection Board (SSB) for the CY98B board selected him  for  promotion
to major with a date of rank (DOR)  of  1 Feb  99.   Pursuant  to  the
recommendations of the Air Force, the Board directed  the  applicant’s
records reflect he was not retired on 1 Sep 98 but  was  continued  on
active duty.  As a result, an AF Form 77 was  placed  in  his  Officer
Selection Record (OSR) indicating that reports for the period  26  Feb
98 through 7 Nov 00 were “not  available  for  administrative  reasons
which were not the fault of the member.”

A copy of AFBCMR Docket No. 00-00175 is at Exhibit C.

The applicant was considered below-the-promotion  zone  (BPZ)  by  the
CY01B Central Lieutenant Colonel Selection Board,  which  convened  on
5 Nov 01. However, he was not selected. The applicant had one OPR as a
major covering the period 8 Nov 00 through 7 Mar 01; it  was  the  top
report reviewed by the selection board. The  commander  the  applicant
refers to in his appeal was the reviewer of that report. The Promotion
Recommendation Form (PRF) for this board had an overall recommendation
of “Promote.”

The personnel database  indicates  that  since  the  CY01B  board  the
applicant has received another OPR closing 7 Mar 02.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPE  contends  the  Air  Force  evaluation  system  is  not
designed,  not   should   it   be,   to   document   an   individual’s
accomplishments as a civilian  with  no  direct  military  supervision
during the time in question. The  appropriate  documentation  for  the
applicant’s “time-off” is a letter from him to  the  selection  board,
with any permissible attachments, explaining his absence and attesting
to his accomplishments while not on active duty. It  is  inappropriate
to have  his  commander  perform  that  function.  DPPPE  asserts  the
applicant’s contentions that his records are less competitive than his
peers due to the AF Form 77 is without merit.  The preparation of  the
AF Form 77 was in accordance with AFI 36-2406  and  therefore  is  not
erroneous or unjust. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPPO concurs with DPPPE,  has  nothing  further  to  add  and
recommends that SSB consideration be denied.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 21 Jun 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that his commander should rewrite the contested AF  Form  77
or that his break in service should be reclassified as  EWI.  In  this
regard,  the  Air  Force  evaluation  system  does  not  document   an
individual’s accomplishments as a civilian  with  no  direct  military
supervision. The AF Form 77 explains that the lack of OPRs during  the
pertinent period was not the  fault  of  the  applicant.  This  is  in
accordance with standard procedure and  the  applicant  has  not  been
treated any differently  than  others  reinstated  after  a  break  in
service. We note the applicant was considered BPZ by the  CY01B  board
and has since acquired another performance report as a  major.  If  he
remains concerned, the applicant himself can provide a letter  to  the
next promotion board, as he could  have  done  for  the  CY01B  board,
explaining   his   absence    and    highlighting    his    “civilian”
accomplishments. We therefore agree with the  recommendations  of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has  failed  to  demonstrate  he  suffered
either an error or an injustice. In  view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 September 2002 under the provisions of AFI  36-
2603:

                             Mr. John L. Robuck, Panel Chair
                             Mr. Billy C. Baxter Member
                             Ms. Kathleen F. Graham, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
01148 was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Case File, AFBCMR Docket No. 00-00175.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 11 Jun 02.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 11 Jun 02.
   Exhibit F.  Letter, SAF/MRBR, dated 21 Jun 02.




                                   JOHN L. ROBUCK
                                   Panel Chair