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AF | BCMR | CY2003 | BC-2002-03267
Original file (BC-2002-03267.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03267
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given Special Selection Board (SSB) consideration for  promotion
to the grade of lieutenant colonel by the Calendar Year 2001B  (CY01B)
Central Lieutenant Colonel Selection  Board,  with  inclusion  of  his
Officer Performance Reports (OPRs) closing 15 Mar 98, 15 Mar  99,  and
15 Mar 00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Evaluation Reports Appeal Board  (ERAB)  approved  corrections  of
erroneous Professional Military  Education  (PME)  recommendations  on
three of his OPRs, but denied his request to meet an SSB.  This denial
was seemingly based on consideration of  just  one  of  the  corrected
flawed OPRs, hence, missing the point of correcting all  three  flawed
OPRs.  Specifically, given that he was  ineligible  to  attend  Senior
Service School (SSS) upon closeout of the OPRs closing 15 Mar  98  and
15 Mar 99 because he was still eligible for selection to  attend  ISS,
he was incorrectly recommended in those OPRs to attend SSS.   Whereas,
he was ineligible for selection to attend ISS upon closeout of the OPR
closing 15 Mar 00 but was recommended in the OPR to  attend  ISS,  the
erroneous PME recommendations showed regression in his performance and
reflected poorly on his potential to serve in the  higher  grade  when
his records were considered for promotion to the grade  of  lieutenant
colonel during the CY01B board.  He believes  the  ERAB  misunderstood
the gravity of taking all three  of  the  flawed  PME  recommendations
together.  If one OPR had been flawed, it  might  be  feasible  for  a
promotion board to  realize  error  and  not  reflect  poorly  on  his
potential to serve in  the  higher  grade.   However,  two  OPRs  with
inflated PME recommendations followed by  an  OPR  with  a  mistakenly
underinflated  PME  recommendation  surely  sent  a   strong,   albeit
unintended, signal to the promotion board  that  his  performance  had
regressed, impugning his potential to serve in the higher grade.   The
impact of rectifying the erroneous PME recommendations on the OPRs was
sufficient to warrant SSB consideration.

In support of  his  appeal,  the  applicant  provided  copies  of  the
original and  corrected  OPRs,  his  Officer  Selection  Brief  (OSB),
supportive statements, and  documentation  pertaining  to  his  appeal
under the provisions of AFI 36-2401.

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 Feb 98.   His  Total
Active Federal Military Service Date (TAFMSD) is 28 May 86.

Applicant's OPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

       8 Aug 92  Meets Standards
      16 Feb 94  Meets Standards
      31 Dec 94  Meets Standards
      31 Dec 95  Meets Standards
      16 Aug 96  Meets Standards
       1 May 97  Meets Standards
      15 Mar 98  Meets Standards
      15 Mar 99  Meets Standards
      15 Mar 00  Meets Standards
      15 Mar 91  Meets Standards
  #  15 Mar 02   Meets Standards

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY01B  Lieutenant
Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommended  denial  indicating  that  although  the   PME
recommendations on the  OPRs  closing  15  Mar  98,  15  Mar  99,  and
15 Mar 00 were incorrect,  the  applicant's  officer  selection  brief
(OSB) reflected completion of  ISS  in  2000.   Therefore,  the  board
members were aware that the PME recommendations on the OPRs closing 15
Mar 98 and 15 Mar 99 were for ISS, and the recommendation on  the  OPR
closing 15 Mar 00 was for SSS.  AFPC/DPPPO indicated that they believe
the  board  was  able  to  distinguish  the  difference  between   the
information on the OSB, and the incorrect information reflected on the
OPRs.

According  to  AFPC/DPPPO,  there  was  no  clear  evidence  that  the
incorrect PME  recommendations  on  the  applicant's  OPRs  negatively
impacted his  promotion  opportunity.   Central  boards  evaluate  the
entire officer selection record (OSR) assessing whole  person  factors
such as job performance, professional qualities, depth and breadth  of
experience,  leadership,  and  academic  and   professional   military
education.  The selection board had the applicant's  entire  selection
record that clearly outlined his accomplishments  since  the  date  he
came on active duty.  AFPC/DPPPO stated that they were  not  convinced
the  administrative  errors  on  the  applicant's  OPRs   caused   his
nonselection for promotion.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  his  response,  the  applicant  indicated  he   believes   it   is
inappropriate for AFPC/DPPPO to imply they know  with  certainty  that
the three flawed (now corrected) OPRs in his record did not  adversely
impact the CY01B board's decision to nonselect him  for  promotion  to
the grade of lieutenant colonel.  Three flawed OPRs in his record that
was considered by the board for promotion to the grade  of  lieutenant
colonel were significant and must not be ignored.  The impact  of  the
three corrected OPRs clearly warrants his record being sent to an  SSB
for reconsideration for promotion to the grade of lieutenant colonel.

Applicant's complete response is at Exhibit E.

_________________________________________________________________

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  error  or  injustice.   After  reviewing  the  evidence
presented, to include  the  statements  provided  by  members  of  the
applicant’s rating chain, we are persuaded that he may not  have  been
fairly  and  equitably  considered  for  promotion  to  the  grade  of
lieutenant colonel by the CY01B board because of an inaccurate record.
 In this respect, we  note  that  the  applicant  was  considered  for
promotion by the original board with  his  OPRs  closing  15  Mar  98,
15 Mar 99, and 15 Mar 00  containing  erroneous  PME  recommendations,
which  have  subsequently  been   corrected   administratively.    The
applicant  believes  that  the  inappropriate  level  of  PME  on  the
respective OPRs showed regression in  his  performance  and  reflected
poorly on his potential to serve in the higher grade.  While it cannot
be   conclusively   determined   what   impact   the   incorrect   PME
recommendations may have had on the applicant’s promotion opportunity,
we believe any doubt in this case should be  resolved  in  his  favor.
Accordingly, we recommend that his record, to  include  his  corrected
OPRs, be considered for promotion to the grade of  lieutenant  colonel
by an SSB for the CY01B Lieutenant Colonel Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, to  include  the  Officer  Performance  Reports
(OPRs) closing 15 Mar 98, 15 Mar 99, and 15 Mar 00, be considered  for
promotion to the grade of lieutenant colonel by  a  Special  Selection
Board for the Calendar Year 2001B Central Lieutenant Colonel Selection
Board:

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03267 in Executive Session on 25 Feb 03, under the provisions  of  AFI
36-2603:

      Mr. Gregory Petkoff, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Oct 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 17 Dec 02.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
     Exhibit E.  Letter, applicant, dated 27 Jan 03.




                                   GREGORY PETKOFF
                                   Panel Chair










AFBCMR 02-03267




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  to include the Officer Performance Reports (OPRs)
closing 15 Mar 98, 15 Mar 99, and 15 Mar 00, be considered for
promotion to the grade of lieutenant colonel by a Special Selection
Board for the Calendar Year 2001B Central Lieutenant Colonel Selection
Board.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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