RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01150
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Officer Performance Report (OPR) rendered for the period 15 Jul 98
through 23 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 (CY00) lieutenant
colonel selection board.
3. He be considered by SSB for selection to attend Intermediate Service
School (ISS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The OPR was not in his records at the Military Personnel Flight when he
reviewed his records prior to the CY99 lieutenant colonel board. However,
the OPR was in his Officer Selection Record (OSR) that met the board.
Prior to the CY00 board he reviewed his records and noticed that the OPR
contained an incorrect duty title and that changes that were requested by
the rater and additional rater had not been incorporated. The duty title
that was used did not exist on the Unit Manning Document. He obtained a
corrected OPR along with letters of support from his rating chain and
submitted an appeal through the Evaluation Reports Appeal Board (ERAB) to
have the OPR replaced. The ERAB denied his request because of the lapse of
time from discovery of the error to submittal of the appeal. The time
lapse was beyond his control because the OPR had to be circulated via mail
for signatures and the deployment of the additional rater.
In support of his request, applicant provided a personal statement, the
contested OPR, the corrected OPR, and letters of support. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
major, having assumed that grade effective and with a date of rank of 1 Aug
98. He was considered and not selected for below-the-zone promotion to the
grade of lieutenant colonel by the CY99 and CY00 lieutenant colonel
selection boards. He was considered and selected for promotion to
lieutenant colonel in-the-zone by the CY01B lieutenant colonel selection
board which convened on 5 Nov 01.
The applicant submitted a similar appeal to the ERAB. The ERAB denied the
appeal because the applicant did not provide clear evidence that the
changes were warranted. The ERAB further stated that most evaluation
reports could be changed to be harder hitting, include stratification, and
provide embellishments. However, the time to do that is before the report
becomes a matter of record. Further he did not show that he attempted to
correct the mistakes prior to it being reviewed by the selection board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAP reviewed applicant's request and states that in accordance with
AFI 36-2611, each officer should ensure his AFPC assignment selection
folder is up-to-date. The assignment selection folder is the OSR. The OSR
is accessible to the officer and the officer is responsible for reviewing
it and ensuring its accuracy and completeness. He should be reconsidered
for ISS selection and subsequent Operational Deferment, upon approval to
correct the duty title of the OPR. The DPAP evaluation is at Exhibit C.
AFPC/DPPPE reviewed applicant's request and recommends denial of his
request to substitute the OPR but the Board should direct the PME
recommendation be changed to ISS. A change to the level of PME
recommendation alone does not require SSB consideration since it is purely
administrative in nature. DPPPE states duty titles are not restricted by
manpower billets. Raters determine duty titles based on the ratee's
assigned responsibilities and the very first line of Section III on the
contested report states "Principal assistant to the commander..." As such
it appears that "Special Assistant to the Commander" was, in fact the
intended duty title. Further, it does not appear the rater felt the duty
title was incorrect until the applicant's nonselection for promotion, two
years after the closeout of the report.
DPPPE noted several errors with the proposed OPR that would preclude
approving the substitution. The report was accomplished on the wrong
version of the AF Form 707a. The contested and the proposed reports
recommend the applicant for Senior Service School (SSS) even though he was
still eligible for ISS, which is prohibited by AFI 36-2406. The proposed
OPR contains changes that do not add or remove information that was not
previously known to the evaluators. The changes appear to be designed to
embellish the report and to make it harder hitting, giving the applicant an
unfair advantage against his peers, not to correct an erroneous duty title.
The DPPPE evaluation is at Exhibit D.
AFPC/DPPPO reviewed applicant's request and concurs with the DPPPE and DPAP
advisories. DPPPO states that although DPPPE recommends that the Board
deny the applicant's request to substitute the entire OPR, it directs that
the PME recommendations be changed to ISS. However, a change to the level
of PME recommendation is administrative in nature and does not warrant
consideration by an SSB. The DPPPO evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the Air Force evaluations the applicant provided an OPR
completed on the correct version of the AF Form 707a. The remaining
suggested corrections were not made. His complete submission is at Exhibit
G.
_________________________________________________________________
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 an error or injustice warranting corrections to the contested
OPR. In this respect, we note the statements submitted from the rating
chain members indicate that the duty title on the contested report is
inaccurate. Based on these statements, we recommend that the duty title be
corrected. We also note that the report contains PME recommendations for
SSS; however, as indicated by the Air Force, the applicant was not eligible
for SSS. In his appeal to this Board, applicant has requested that he be
considered for ISS, which is the appropriate PME recommendation that should
have been indicated on the OPR. Therefore, we recommend the duty title and
PME recommendation be changed on the contested OPR and that his corrected
report be considered for promotion and ISS by SSBs.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting voidance of the contested
report and placing a reaccomplished OPR in his record. After reviewing the
evidence of record, to include the statements submitted from his rating
chain members, we are not persuaded that the additional changes requested
are justified. In this regard, the statements provided do not reveal that
additional changes are necessary. We have reviewed the requested changes
to the contested report and find, as does the Air Force, that they do not
add or remove information that was not previously known to the evaluators
but appears to an attempt to embellish the report, which is inappropriate.
We believe that the comments on the report were honest assessments of
applicant’s performance at the time the report was rendered and in the
absence of evidence to the contrary, we do not recommend favorable action
on his request to have the contested OPR replaced with a reaccomplish
report.
_________________________________________________________________
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 15 July 1998
through 23 May 1999, be amended as follows:
a. The duty title in Section III be changed to reflect "Assistant
Operations Officer (ADO)."
b. The last line of Section VI be changed to reflect "--send to ISS"
rather that "--send to SSS."
c. The last line of Section VII be changed to reflect "challenge
with Joint ISS/tour" rather than "challenge with Joint SSS/tour."
It is further recommended that his record, to include the above corrected
OPR, be considered for promotion by a Special Selection Board (SSB) for the
Calendar Year 1999B (CY99B) and the CY00A Central Lieutenant Colonel
Selection Boards; and, for Intermediate Service School (ISS) by SSB for the
CY00 ISS Selection Board.
_________________________________________________________________
The following members of the Board considered Docket Number 02-01150 in
Executive Session on 4 Dec 02, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Thomas J. Topolski, Jr., Member
Ms. Martha Maust, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPOO, dated 14 May 02.
Exhibit D. Letter, AFPC/DPPPE, dated 25 Sep 02.
Exhibit E. Letter, AFPC/DPPPO, dated 25 Sep 02.
Exhibit F. Letter, SAF/MRBR, dated 4 Oct 02.
Exhibit G. Letter, Applicant, dated 20 Nov 02, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR 02-01150
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 the AF Form 707A, Field Grade
Officer Performance Report (OPR), rendered for the period 15 July 1998
through 23 May 1999, be, and hereby is, amended as follows:
a. The duty title in Section III be changed to reflect
"Assistant Operations Officer (ADO)."
b. The last line of Section VI be changed to reflect "--send
to ISS" rather that "--send to SSS."
c. The last line of Section VII be changed to reflect
"challenge with Joint ISS/tour" rather than "challenge with Joint
SSS/tour."
It is further directed that his record, to include the above
corrected OPR, be considered for promotion by a Special Selection Board
(SSB) for the Calendar Year 1999B (CY99B) and the CY00A Central Lieutenant
Colonel Selection Boards; and, for Intermediate Service School (ISS) by SSB
for the CY00 ISS Selection Board.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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