RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03494
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 31 May 01
through 19 Apr 02 be declared void and removed from his records;  and,
he be given Special  Selection  Board  (SSB)  consideration  with  his
corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report was unwarranted and should not be a part  of  his
records.  The wing commander relieved him of command and  gave  him  a
referral OPR because he believed there were problems in  his  squadron
which were brought  on  because  he  did  not  reprimand  one  of  his
subordinates in a timely manner.   Based  on  that  belief,  the  wing
commander initiated a climate  survey  and,  approximately  two  weeks
later relieved him of command.  He was never shown the results of  the
climate survey.

He did not initially contest the referral  report  because  he  feared
reprisal from the wing commander who was also responsible for  writing
his Promotion Recommendation Form (PRF).  However, he  cannot  justify
accepting a decision that he believes is without merit.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, a  copy  of  the  contested  report,  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
major, having been promoted to that grade  on  1 Mar  99.   His  Total
Active Federal Military Service Date (TAFMSD) is 3 Jan 88.

On 4 Feb 03, the results of the CY02B Lieutenant  Colonel  Board  were
released  and  the  applicant  was  considered  and  nonselected   for
promotion to the grade of lieutenant colonel.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1992
follows:

      PERIOD ENDING    EVALUATION

      11 May 92        Meets Standards
      11 May 93        Meets Standards
      11 May 94        Meets Standards
      11 May 95        Meets Standards
      11 May 96        Meets Standards
      11 May 97        Meets Standards
      11 May 98        Meets Standards
      11 May 99        Meets Standards
      30 May 00        Meets Standards
      30 May 01        Meets Standards
 *#  19 Apr 02               Does Not Meets Standards (Referral)

* Contested Report.

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY02B  Lieutenant
Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial indicating that it is Air  Force  policy
that an evaluation report is accurate as written  when  it  becomes  a
matter of record.  There were no errors or injustices cited in the  19
Apr 02 OPR.  The applicant knew  exactly  why  he  was  relieved  from
command, why he received the referral OPR, and the  course  of  action
necessary to rebut the referral OPR.  The applicant made the conscious
decision not to rebut the OPR at that time.  They concurred  with  the
Evaluation Reports Appeal Board (ERAB) in that the applicant  did  not
provide any documentation to substantiate the rater was incapable,  in
any  way  or  for  any  reason,  of  rendering  a  fair  and  accurate
assessment.

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

AFPC/DPPPO recommended denial indicating that since the results of the
CY02B  Central  Lieutenant  Colonel  Selection  Board  had  not   been
released, the applicant was erroneously requesting SSB  consideration.
After reviewing the AFPC/DPPPE advisory, AFPC/DPPPO stated  that  they
had nothing further to add.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the  applicant  indicated  that  the  basis  for  the
referral OPR was unclear and a complete fallacy.  That is  the  reason
he is requesting the  AFBCMR  remove  the  report  from  his  military
records and that he be provided SSB consideration.  The entire  ordeal
has been extremely painful for him and his family.  He hopes that  the
Board will examine all the facts before making a final decision.

Applicant’s complete response, with attachments, 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.  Applicant’s complete  submission
was thoroughly reviewed and his contentions were  duly  noted  by  the
Board.  However, other than his own assertions, no evidence  has  been
presented which would lead a majority of the Board to believe that the
applicant’s  evaluator  was  unable  to  render  a  fair  and   honest
assessment of his performance and promotion  potential,  or  that  the
contested report had its basis in factors other than  the  applicant’s
performance.  In  view  of  the  foregoing,  and  in  the  absence  of
persuasive evidence that the contested  report  was  not  an  accurate
depiction of his performance at the time it was originally prepared, a
majority finds no compelling basis to recommend  granting  the  relief
sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03494 in Executive Session on 11 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. George Franklin, Member
      Ms. Martha Maust, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Ms. Maust voted to grant the appeal but did not  desire  to  submit  a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 5 Dec 02.
    Exhibit D.  Letter, AFPC/DPPPO, dated 30 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit F.  Letter, applicant, dated 11 Feb 03, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair




AFBCMR 02-03494






MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.





                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards
Agency