RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01442
                       INDEX CODE:  131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer  Performance  Report (OPR) rendered   for  the   period  1
July 2000 through 31 May 2001 be removed from her records and replaced
with a reaccomplished report; and she receive promotion  consideration
to the grade of lieutenant colonel by Special Selection Boards (SSBs).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her supervisors (Maj Gen P. and Col H.) did not properly  prepare  her
OPR.  They erroneously submitted a draft version of the OPR.  Maj  Gen
P. and Col H. informed the Air Force Personnel Center (AFPC) that  the
OPR in question was not  prepared  properly  and  the  OPR  should  be
replaced.  She submitted two requests to the Evaluation Reports Appeal
Board (ERAB) to have the OPR removed from  her  records  and  replaced
with the correct version of the report.

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 ERAB.  The  ERAB  denied
the applicant’s request.  They were not convinced the OPR in  question
was erroneous.  The applicant resubmitted her request to the  ERAB  to
have her  OPR  removed  from  her  records.   The  ERAB  reviewed  the
additional information but determined the request did  not  require  a
formal review.  The ERAB indicated that resubmissions are granted when
the member provides substantially new evidence that the Board did  not
initially consider.  The information the applicant provided  had  been
previously considered.

Applicant was considered, but not selected for promotion to the  grade
of lieutenant colonel by the calendar years (CYs) 01B and 02B  central
lieutenant colonel selection boards.

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

                 PERIOD ENDING          OVERALL EVALUATION

                  15 Nov 98       Meets Standards
                  15 Nov 99       Meets Standards
                  30 Jun 00       Meets Standards
                * 31 May 01       Meets Standards
                  17 Feb 02       Meets Standards
               ** 14 Aug 02       Meets Standards

    * Contested OPR & 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  that  her  OPR  for  the
period ending 31 May 2001 should be replaced. She submitted an  appeal
to the ERAB.  The ERAB denied  the  applicant’s  request  stating,  “A
report is not erroneous or unjust because the applicant or  evaluators
believe it contributed to a non-selection for promotion or may  impact
future promotion career opportunities.  Most evaluation reports can be
changed to be 1) harder hitting, 2)  include  stratification,  and  3)
provide embellishments.  The time to make these changes is before  the
report becomes a matter of record.”

The applicant’s rater and additional  rater  stated  that  there  were
errors in the current report and the report was signed as  a  finished
product but was actually a draft.  The revised  report  submitted  has
substantial changes to the content.  It does not  contain  corrections
or editing.  It appears the report was changed to make it stronger.

Air Force policy is that an evaluation report is accurate  as  written
when it  becomes  a  matter  of  record.   The  applicant,  rater  and
additional rater’s integrity is not in question.  The issue  is  would
it be fair to allow the applicant a chance to make her report stronger
after her  nonselection  for  promotion  counseling  pointed  out  the
weakness of her report.  It would not be fair  to  others  in  similar
situations who were not afforded another chance to do the same.

DPPPE recommends denying the  applicant’s  request  to  have  her  OPR
removed from her records.

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 states the  issue
at hand is whether or not senior Air Force officers/raters who  submit
the wrong report and admit they have failed in their responsibilities,
can correct their error.

Her raters have stated that the OPR in question  does  not  accurately
document and  reflect  her  performance.   They  explained  how  their
failure resulted in a working draft of the report becoming a matter of
record.

Her raters erroneously signed, submitted, and made a working draft  of
the OPR a matter of record.  She was not aware of  their  error  until
they confirmed it.  She was prohibited from drafting  or  writing  her
OPRs and could not view them before they became a  matter  of  record.
Her raters have provided strong  evidence  to  overcome  the  report’s
presumed validity.  If the rater’s integrity  is  not  in  doubt,  why
can’t they rectify the situation with a accurate report?

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.  After reviewing the  evidence
of record, the majority of the Board is persuaded  the  contested  OPR
was not an accurate  assessment  of  the  applicant’s  accomplishments
during the contested time period.  In this respect, the Board majority
is persuaded based upon the strong command support  she  has  received
and the totality of the evidence provided that  the  contested  report
should be voided and removed from the applicant’s records and replaced
with a reaccomplished report.  While it cannot be determined with  any
degree of certainty whether the contested report was  the  sole  basis
for the applicant’s nonselection, the majority of the  Board  believes
it served to deprive her of full and fair consideration.  In  view  of
the foregoing, and with no basis to  question  the  integrity  of  the
rating chain, the majority believes that any doubt should be  resolved
in favor of the applicant.  Therefore, the Board  majority  recommends
the applicant’s record be corrected 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 July 2000 through 31 May  2001,  be,
and hereby is, declared void and removed from her records.

     b.  The attached reaccomplished Field Grade Officer Performance
Report (OPR), AF Form 707A,  rendered  for the period  1  July  2000
through 31 May 2001, be accepted for file in its proper sequence.

It is further recommended that she be considered  for  promotion  to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 2001 Central Lieutenant Colonel  Boards  and  for  any
subsequent boards for which the OPR  closing  31  May  2001,  was  a
matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01442  in  Executive  Session  on  26  August  2003,  under   the
provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Ms. Sharon B. Seymour, Member

By majority vote, the Board recommended granting the application.  Ms.
Seymour voted to deny correcting the records and does  not  desire  to
submit a Minority Report.   The  following  documentary  evidence  was
considered:

      Exhibit A. DD Form 149, dated 22 Apr 03, w/atchs.
      Exhibit B. Officer Selection Record.
      Exhibit C. Letter, HQ AFPC/DPPPE, dated 20 Apr 03.
      Exhibit D. Letter, HQ AFPC/DPPPO, dated 23 Jun 03.
      Exhibit E. Letter, SAF/MRB, dated 27 Jun 03.
      Exhibit F. Letter, Applicant’s Response, dated 24 Jul 03.



                             JOHN L. ROBUCK
                             Panel Chair









AFBCMR BC-2003-01442




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                  , be corrected to show that:

               a.  The Field Grade Officer Performance Report (OPR), AF
Form 707A, rendered for the period 1 July 2000 through 31 May 2001, be,
and hereby is, declared void and removed from her records.

         b.  The attached reaccomplished Field Grade Officer
Performance Report (OPR), AF Form 707A, rendered for the period 1 July
2000 through 31 May 2001, be accepted for file in its proper sequence.

      It is further directed that she be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the Calendar
Year 2001 Central Lieutenant Colonel Boards and for any subsequent boards
for which the OPR closing 31 May 2001, was a matter of record.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

Attachment:
Reaccomplished OPR