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AF | BCMR | CY2002 | BC-2002-01150
Original file (BC-2002-01150.DOC) Auto-classification: Approved

                            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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