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AF | BCMR | CY2003 | BC-2003-00067
Original file (BC-2003-00067.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00067
            INDEX CODES:  111.01, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 21 Aug 99
through 20 Aug 00 be voided and replaced with a reaccomplished OPR.

His Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 2000A Central Lieutenant Colonel Selection Board  be
voided and replaced with a reaccomplished PRF.

He be provided Special Selection Board (SSB)  consideration  with  his
corrected records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR and PRF were erroneous  through  unintentional  placement  and
absence of job recommendations and how his rating chain  attempted  to
correct them.

In support of his appeal, the applicant provided an expanded statement
and a copy of his appeal under the provisions of  AFI  36-2401,  which
included supportive statements from the Management Level Review  (MLR)
president, senior rater and rating chain, and copies of the  contested
and reaccomplished OPR and PRF.

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 97.   His  Total
Active Federal Military Service Date (TAFMSD) is 29 May 85.

Applicant's OPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

      30 May 92              Meets Standards
      16 Feb 93              Meets Standards
      16 Feb 94              Meets Standards
      16 Feb 95              Meets Standards
      16 Feb 96              Meets Standards
      16 Feb 97              Meets Standards
      30 Jan 98              Meets Standards
      30 Jan 99              Meets Standards
      20 Aug 99              Meets Standards
 *#  20 Aug 00               Meets Standards
 ##   6 Aug 01               Meets Standards
###   6 Aug 02               Meets Standards

* Contested Report.

  # Top Report at the time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY00A  Lieutenant
Colonel Board.

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

### 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 noting the applicant's  contention  that
the 20 Aug 00 OPR and CY00A PRF were erroneous  through  unintentional
placement  and  absence  of   job   recommendations.    According   to
AFPC/DPPPE,  there  was  no  reason  to   believe   there   were   any
circumstances preventing the  applicant  from  reviewing  his  officer
selection record (OSR) prior to the CY00A board.   The  applicant  had
ample time (30 days) to identify any factual errors on the  PRF  prior
to the board convening date, but there was no evidence that he did so.
 As for the OPR request, many reports can  be  changed  to  be  harder
hitting, include  additional  recommendations,  or  to  embellish  the
report, but the time to do that is  before  it  becomes  a  matter  or
record.  The retrospective view of evaluators  after  a  report  is  a
matter of record does not make  the  original  assessment  inaccurate.
This  appeal  is  simply   driven   by   the   applicant's   promotion
nonselection.   There  was  no  evidence  reflecting  any  errors   or
injustices  within  the  contested  PRF  or  OPR.   Additionally,   in
accordance with DOD  Directive  1320.11,  paragraph  4.3,  “A  Special
Selection Board  shall  not,  under  Section  628(b)  or  14502(b)  of
reference  (b),  consider  any  officer  who  might,  by   maintaining
reasonably careful records, have discovered and taken steps to correct
that error or omission on which the original board based its  decision
against promotion.”

AFPC/DPPPE indicated 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 20 Aug  00  OPR.   The
applicant had more than ample time to  request  a  correction  to  his
CY00A PRF  prior  to  the  board.   In  their  view,  the  applicant’s
contentions have been poorly supported.

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

AFPC/DPPPO indicated that based  on  the  evidence  provided  and  the
recommendation in the AFPC/DPPPE advisory, they recommend denial.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter,  dated  31  Mar  03,  the  applicant's  spouse  provided  a
statement on his behalf, which is attached at Exhibit F.

Applicant reviewed the advisory  opinions  and  furnished  a  response
indicating that the members of his rating chain and the MLR  president
attempted to have his records corrected to realistically  reflect  his
potential abilities.  He  requests  that  the  Board  take  this  into
consideration and have his records placed before an SSB.

Applicant's complete response is attached 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 error or injustice.   After  a  thorough  review  of  the
available evidence, particularly the statements from  the  applicant's
rating chain, senior rater, and MLR  president,  we  are  sufficiently
persuaded that corrective action is warranted in this case.  There  is
before us no basis to question the integrity of these individuals  who
support  the  applicant's  assertion   that   the   absence   of   job
recommendations on  the  contested  OPR  and  PRF  may  have  sent  an
unintended  signal  regarding  the  applicant's   command   potential.
Accordingly, we recommend that the OPR closing 20 Aug 00 and the CY00A
PRF be voided and replaced with a reaccomplished report and  PRF.   In
view of the foregoing, we further  recommend  that  the  applicant  be
given appropriate SSB consideration with his corrected records.

_________________________________________________________________

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 21 Aug 99 through 20 Aug 00 be  declared
void and removed from his records.

      b.  The attached OPR, AF Form 707A, rendered for the  period  21
Aug 99 through 20 Aug 00, which reflects in Section VI, Rater  Overall
Assessment, “…future commander--resident  SSS!”  be  inserted  in  his
officer selection folder.

            c.  The Promotion Recommendation Form (PRF), AF Form  709,
prepared for consideration by the Calendar Year 2000A (CY00A)  Central
Lieutenant Colonel Selection Board be declared void and  removed  from
his records.

             d.  The  attached  PRF,  AF  Form   709,   prepared   for
consideration by the CY00A Central Lieutenant Colonel Selection  Board
which reflects in Section  IV,  Promotion  Recommendation,  "-Superior
performer--if I had one more DP…Don  would  receive  it!   Sq  Command
potential--DP, SSS," be inserted in his officer selection folder.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by a Special Selection Board for the CY00A
Central Lieutenant Colonel Selection  Board  and  for  any  subsequent
boards for which the OPR closing 20 Aug 00 was a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00067 in Executive Session on 13 May 03, under the provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. E. David Hoard, Member

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

     Exhibit A.  DD Form 149, dated 31 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 4 Feb 03.
     Exhibit D.  Letter, AFPC/DPPPO, dated 28 Feb 03.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Mar 03.
     Exhibit F.  Letter, in applicant's behalf, dated 31 Mar 03.
     Exhibit G.  Letter, applicant, undated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair









AFBCMR BC-2003-00067




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 , be corrected to show that:

            a.  The Field Grade Officer Performance Report (OPR),
AF Form 707A, rendered for the period 21 Aug 99 through 20 Aug 00 be,
and hereby is, declared void and removed from his records.

            b.  The attached OPR, AF Form 707A, rendered for the
period 21 Aug 99 through 20 Aug 00, which reflects in Section VI,
Rater Overall Assessment, “…future commander--resident SSS!” be
inserted in his officer selection folder.

                 c.  The Promotion Recommendation Form (PRF), AF Form
709, prepared for consideration by the Calendar Year 2000A (CY00A)
Central Lieutenant Colonel Selection Board be, and hereby is, declared
void and removed from his records.

                 d.  The attached PRF, AF Form 709, prepared for
consideration by the CY00A Central Lieutenant Colonel Selection Board
which reflects in Section IV, Promotion Recommendation, "-Superior
performer--if I had one more DP…Don would receive it!  Sq Command
potential--DP, SSS," be inserted in his officer selection folder.

            It is further directed that he be considered for promotion
to the grade of lieutenant colonel by a Special Selection Board for
the CY00A Central Lieutenant Colonel Selection Board and for any
subsequent boards for which the OPR closing 20 Aug 00 was a matter of
record.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachments:
1.  AF Form 707A
2.  AF Form 709



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