RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03639
                       INDEX CODE:  131.00

      APPLICANT  COUNSEL:  NONE

      SSN        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer  Performance  Report (OPR) rendered   for  the   period  1
April 1999  through  31  March  2000  be  removed  from  his  records;
Promotion Recommendation Form (PRF) prepared  for  the  CY00A  central
lieutenant colonel selection board be removed  from  his  records  and
replaced with  a  reaccomplished  report;  and  he  receive  promotion
consideration by a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR was biased, unjust and wrong and was written because  he  used
the chain of command and his rater’s petty jealousy.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

The applicant submitted  an  application  to  the  Evaluation  Reports
Appeal Board (ERAB).   The  ERAB  declined  to  make  a  decision  and
directed the application be returned without  action  because  it  was
incomplete.

Applicant was considered, but not selected for promotion to the  grade
of lieutenant colonel by the CY00A, CY01B and CY02B central lieutenant
colonel selection boards.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  31 Mar 97       Meets Standards
                  31 Mar 98       Meets Standards
                  31 Mar 99       Meets Standards
                * 31 Mar 00       Meets Standards
              ***  3 May 01       Meets Standards
              **** 3 May 02       Meets Standards

    * Contested OPR & Top report at time of CY00A Lt Col Bd
   ** Top report at time of CY01B Lt Col Bd
  *** Top report at time of CY02B Lt Col Bd

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE states the applicant contends when his  rater  gave  him
the  OPR,  the  rater  stated  the  OPR  was  not  well  written  with
intentional white space.  The applicant feels this was unjust in  that
it intentionally sent an adverse message to the promotion  board.   In
accordance with AFI 36-2402, there is  no  requirement  to  completely
“fill in” the entire rater’s block.  There  was  not  a  violation  of
policy or procedure by the rater not completely  filling  the  rater’s
assessment block.

In regard to the applicant’s allegation that the  rater  intentionally
wrote the wrong PME statement by recommending him for a course he  had
already completed and was ineligible to attend, DPPPE concurs with the
applicant that the rater’s PME recommendation was inappropriate.   The
rater  should  have  decided  to  either  make  an   appropriate   PME
recommendation or not make a recommendation.   However,  it  is  clear
that the rater’s intent was to make a PME  recommendation;  therefore,
it would be appropriate to make the next level PME  recommendation  of
SSS.

The applicant provided supporting documentation  from  his  additional
rater and reviewer in  his  request  to  have  his  OPR  voided.   The
additional rater has not provided any new information that he did  not
know previously that would have influenced his decision.  However, the
additional  rater  does  allude  to  there  being  comments   on   the
applicant’s performance feedback  indicating  a  strong  potential  of
bias, but he did not go on record to confirm or deny  that  there  was
actual bias, nor did  he  give  specific  examples  of  bias  and  the
applicant has not  provided  the  feedback  worksheet  confirming  any
biased comments.

Air Force policy is that an evaluation report is accurate  as  written
when it becomes a matter of record.  The applicant  has  not  provided
any evidence to substantiate the OPR  in  question  was  written  with
bias.

DPPPE recommends denying the  applicant’s  request  to  have  his  OPR
removed from his records; however, they do recommend changing the  PME
recommendation in the rater’s and additional rater’s assessment blocks
from ACSC to SSS.

A copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPO reviewed the DPPPE advisory and has nothing  further  to
add.  Based on the evidence provided and  the  DPPPE  advisory,  DPPPO
recommends the applicant’s request be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluations and  reiterates  that
the OPR in question was biased.  His former rater  intentionally  left
white space to send a negative  perception.   This  OPR  continues  to
tarnish his “outstanding across the board” performance record.

A copy of the applicant’s response, with attachments, is  attached  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice to  warrant  consideration  for
promotion to the grade of lieutenant colonel by  a  Special  Selection
Board.  After reviewing the evidence of record, we are  persuaded  the
contested OPR was  not  an  accurate  assessment  of  the  applicant’s
accomplishments during the contested time period.  In this respect, we
are persuaded based upon the statements from the additional rater  and
reviewer, that there appears to have been bias  on  the  rater’s  part
when he prepared the contested report.  Also,  as  noted  by  the  Air
Force, the rater indicated the incorrect level of PME on the contested
report.  Further, it would appear that the contested report influenced
the senior rater when he prepared the  contested  PRF  for  the  CY00A
board.  The senior rater has signed  a  reaccomplished  PRF  which  he
believes   more   accurately   reflects   the    applicant’s    career
accomplishments.  While we cannot determine with any certainty whether
the  contested  reports  were  the  sole  bases  for  the  applicant’s
nonselection, we believe they served to deprive him of full  and  fair
consideration.  In view of the foregoing, we believe  that  any  doubt
should be resolved in favor of the applicant.  Therefore, we recommend
the applicant’s record be correct as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.    The Field Grade Officer Performance Report (OPR), AF Form
707A. rendered for the period 1 April 1999 through 31 March 2000,  be
declared void and removed from his record.

      b.    The Promotion Recommendation Form  (PRF),  AF  Form  709,
prepared for the  Calendar  Year  2000A  (CY00A)  Lieutenant  Colonel
Selection Board reflecting in Section IV, “- Led his  flight  to  win
USAFE’s Contract Competition and Commercial Practice Award for 1999--
promote!” be declared void and removed from his record.

      c.    The attached PRF, AF Form 709,  prepared  for  the  CY00A
Lieutenant Colonel Selection Board reflecting in Section IV, “- Jim’s
leadership qualities are  well  documented,  continue  to  challenge,
Definitely Promote--Must for SSS!” be inserted in his record.

      It is further recommended that he be considered  for  promotion
to the grade of lieutenant colonel by a Special Selection  Board  for
the CY00A Lieutenant Colonel Selection Board, with the  inclusion  of
the reaccomplished PRF, and for any subsequent for  which  the  above
OPR was a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03639 in Executive Session on 25 February 2003, 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 11 Nov 02, w/atchs.
      Exhibit B. Officer Selection Brief.
      Exhibit C. Letter, HQ AFPC/DPPPE, dated 22 Dec 02.
      Exhibit D. Letter, HQ AFPC/DPPPO, dated 13 Jan 03.
      Exhibit E. Letter, SAF/MRB, dated 17 Jan 03.
      Exhibit F. Letter, Applicant’s Response, dated 10 Feb 03.




                             GREGORY PETKOFF
                             Panel Chair







AFBCMR 02-01255



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed and considered the recommendation of the Air
Force Board for Correction for 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, SSN to show that:

      a.    The Field Grade Officer Performance Report (OPR), AF
Form 707A. rendered for the period 1 April 1999 through 31 March
2000, be, and hereby is, declared void and removed from his record.

      b.    The Promotion Recommendation Form (PRF), AF Form 709,
prepared for the Calendar Year 2000A (CY00A) Lieutenant Colonel
Selection Board reflecting in Section IV, “- Led his flight to win
USAFE’s Contract Competition and Commercial Practice Award for 1999--
promote!” be, and hereby is, declared void and removed from his
record.

      c.    The attached PRF, AF Form 709, prepared for the CY00A
Lieutenant Colonel Selection Board reflecting in Section IV, “-
Jim’s leadership qualities are well documented, continue to
challenge, Definitely Promote--Must for SSS!” be inserted in his
record.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
CY00A Lieutenant Colonel Selection Board, with the inclusion of the
reaccomplished PRF, and for any subsequent for which the above OPR
was a matter of record.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency


Attachment:
Reaccomplished PRF