RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03198
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Promotion Recommendation Form (PRF) prepared on him and viewed by
the CY99B Central Lieutenant Colonel Selection Board be replaced with
a revised PRF.

The Officer Performance Report (OPR) rendered on him for  the  period
28 Feb 99 through 2 Jul 99 be replaced with a revised report.

He be considered for  promotion  to  lieutenant  colonel  by  special
selection board  (SSB)  for  the  CY99B  Central  Lieutenant  Colonel
Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The PRF prepared on  him  for  the  CY99B  selection  board  contains
significant material errors of omission.  The PRF did not contain his
most significant career accomplishments, including ones  that  ranked
him against his peers at the “Base” level and “Center” level.

The OPR rendered on him closing out 2 Jul 99 was the top OPR  in  his
records when he was considered for promotion by the CY99B board.  The
OPR contained unintentionally unambiguous  stratification  statements
and  a  typographical  error  that  detracted  from  his  competitive
posture.

In support of his appeal, applicant has provided statements from  his
Management Level Review (MLR) president, senior rater, and  chain  of
command.  He also provides a  copy  of  his  earlier  appeal  to  the
Evaluation Reports Appeal Board (ERAB), which denied his requests  as
indicated above.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty  in  the  grade  of
major.  He has been considered and  not  selected  for  promotion  to
lieutenant colonel by the CY99B (30 Nov 99), CY00A (28 Nov  00),  and
CY01B (5 Nov 01),  Central  Lieutenant  Colonel  Promotion  Selection
Boards.  On 6 Aug 02, the ERAB notified the applicant that  they  had
denied his requests to replace his PRF, OPR,  and  consideration  for
promotion by SSB.

Additional facts pertinent to this application are contained  in  the
evaluation prepared by the appropriate offices of the Air Force found
at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial of the applicant’s  requests  to  change
his PRF  and  OPR.   They  concur  with  the  ERAB  ruling  that  the
applicant’s contested OPR is neither unjust  or  in  error  and  that
changes should be made before a report becomes a  matter  of  record.
They also believe that the evidence  provided  by  the  applicant  to
change his PRF fails to meet the criteria set in AFI 36-2401.  A  PRF
is considered accurate when it becomes  a  matter  of  record.   Many
opportunities exist throughout the PRF writing  and  MLR  process  to
ensure the PRF’s accuracy.  These include  the  requirement  for  the
member to receive and review the  PRF  30  days  before  the  central
selection board.  The applicant does not provide any evidence that he
and/or  his  senior  rater  attempted  to  correct  these   perceived
inaccuracies prior to the central selection board.

The complete evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s request for promotion
consideration by SSB.  Since  AFPC/DPPPE  recommends  denial  of  the
applicant’s requests to change his OPR and PRF, there is no basis  to
grant an SSB.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation by  submitting  a
letter of support from his senior rater at the time he was considered
for promotion above-the-promotion  zone.   Applicant’s  senior  rater
explains how close the  applicant  was  to  receiving  a  “Definitely
Promote” recommendation from him.  He also explains how the statement
“My #1  Major”  in  the  applicant’s  contested  OPR  left  him  with
questions regarding the size of the group the  applicant  was  ranked
against.  He asserts that if the applicant’s OPR had  quantified  the
size of the group, he would have had all the information he needed to
make a better decision on whether or not  to  give  the  applicant  a
“Definitely Promote” recommendation on his PRF.

The applicant’s complete submission, with attachment, 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.  Insufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice regarding the applicant’s request
to replace the OPR rendered on him for the period 28 Feb 99 through 2
Jul 99 with a revised report.  We  took  notice  of  the  applicant's
complete submission in judging the merits of this issue; however,  we
agree with the opinion and recommendation of the Air Force office  of
primary responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error  or
injustice.  Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting this  portion  of  the
relief sought in this application.

4.  Sufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice in  regards  to  the  applicant’s
request to replace the PRF prepared on  him  for  the  CY99B  Central
Lieutenant Colonel Selection Board with a revised PRF.  A majority of
the Board was persuaded by the support the  applicant  received  from
his rating chain that the PRF contained unintended omissions possibly
detrimental to the applicant’s promotion opportunities.   A  majority
of the Board believes that while it cannot  be  clearly  stated  that
these omissions impacted  the  applicant’s  promotion  outcome,  they
believe that any doubt created  should  be  resolved  in  his  favor.
Therefore, a majority of the Board recommends  that  the  applicant’s
records be corrected as indicated below.

5.  The applicant's case is adequately documented and it has not been
shown that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT,  be  corrected  to  show  that  the  Promotion
Recommendation Form (PRF), AF Form 709, prepared on him and viewed by
the Calendar Year 1999B (CY99B) Central Lieutenant Colonel  Promotion
Selection Board be replaced with a revised PRF.

It is further recommended that he be considered for promotion to  the
grade of lieutenant colonel by Special Selection Board (SSB) for  the
CY99B (30 Nov 99) Central Lieutenant Colonel Selection Board with the
revised PRF.

_________________________________________________________________

The following members of the Board considered Docket Number  02-03198
in Executive Session on 6 March 2003, under the provisions of AFI 36-
2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Roscoe Hinton, Jr., Member

By majority  vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Roj voted to deny the application in its  entirety,
but  elected  not  to  submit  a  minority  report.   The   following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPE, dated 20 Nov 02, w/atch.
     Exhibit D.  Memorandum, AFPC/DPPPO, dated 13 Jan 03.
     Exhibit E.  Letter, SAF/MIBR, dated 17 Jan 03.
     Exhibit F.  Letter, Applicant, dated 4 Feb 03, w/atchs.




                                   JOSEPH A. ROJ
                                   Panel Chair


AFBCMR 02-03198


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 XXXXXXXXXXXX, XXX-XX-XXXX,  be  corrected  to  show
that the Promotion Recommendation Form (PRF), AF Form  709,  prepared
for the  Calendar  Year  1999B  (CY99B)  Central  Lieutenant  Colonel
Promotion Selection Board  be,  and  hereby  is,  declared  void  and
removed from his records and replaced with the attached revised  PRF,
AF Form 709.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board (SSB)
for the CY99B (30 Nov 99) Central Lieutenant Colonel Selection
Board with the revised PRF.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
Reaccomplished PRF