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AF | BCMR | CY2003 | BC-2003-01731
Original file (BC-2003-01731.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-01731
            INDEX CODE:  111.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The referral  Officer  Performance  Report  (OPR)  closing  27  March  2001,
Promotion Recommendation Form (PRF)  P0401A  and  any  associated  memoranda
regarding the referral period be removed from his records and his  corrected
record be considered by a Special Selection Board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The referral OPR covers a six-and-a-half month period when he  was  assigned
as commander of a remote  and  isolated  detachment  on  the  north  end  of
Okinawa, Japan.  He believes that his relief from command and the  contested
OPR is unjust because 1).  He was not given the opportunity  to  correct  or
modify his performance, nor was his formal feedback conducted; 2).   He  was
held accountable for issues under his command that  pre-dated  his  arrival;
3).  His  supervisor  was  geographically  separated  from  him  during  the
duration of his assignment and  could  not  accurately  assess  neither  the
issues he faced nor his  efforts  to  correct  these  challenges;  4).   The
results of an action he took to address and correct the challenges faced  at
Okuma  due  to  a  self-initiated  Unit  Climate  Assessment,  was  used  as
ammunition to remove him from command.

He is an officer who earned a full 4-year ROTC scholarship to an Ivy  League
school, excelled at every assignment both at  the  base  level  and  at  the
command.  He  was  selected  to  attend  the  highly  competitive  AFIT  in-
residence program while still only a first  lieutenant.   In  his  last  OPR
before separating from active duty, his commander names him  number  one  of
thirty-seven company grade officers.   He has  certainly  made  mistakes  in
his first command and does not  intend  to  portray  himself  as  blameless.
However, the net effect this referral OPR rendered to his career  is  wholly
disproportionate to any errors he may have committed.  He can  be  of  great
service to the Air Force.

In support of the applicant’s appeal, he provides a  personal  statement,  a
copy  of  the  Evaluation  Reports  Appeal  Board   (ERAB)   decision   with
attachments, copies of his OPRs for the period beginning  15  February  1992
and ending 1 November 2002 and  a  supporting  statement  from  his  current
commander.
Applicant’s complete submission, with attachments, is  attached  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reveals that the on 1  January
2003, the applicant, who was released from active duty on 31 December  2002,
was transferred to the Air Force  Reserve  and  assigned  as  an  Individual
Mobilization Augmentee (IMA) in the grade  of  captain,  with  an  effective
date of rank of  5 October  1995.   He  has  a  total  federal  commissioned
service date and paydate of  25  May  1991.   The  Military  Personnel  Data
System reflects that he is currently assigned as Deputy Chief  of  Services,
Keesler AFB, MS.

He was considered and not selected for promotion to the  active  duty  grade
of major by the P0401A and P0402A central selection  boards  which  convened
on 18 June 2001 and 19 February 2002 respectively.  Applicant’s OPR  profile
for the last 6 reporting period follows:

Period Ending                           Evaluation

 23 May 1998                 Meets Standards
 23 May 1999                 Meets Standards
 23 May 2000                 Meets Standards
*27 Mar 2001                 Meets Standards
 20 Nov 2001                 Meets Standards
 01 Nov 2002                 Meets Standards

*Denotes Contested Report

The applicant received an AF Form 709, Promotion  Recommendation  Form,  for
the P0401A  Selection  Board  and  received  an  overall  recommendation  of
“Promote.”   Applicant’s  appeal  under  the  provisions  of  AFI   36-2401,
Correcting Officer and Enlisted Evaluation Reports was denied on 22  January
2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends the application be  denied.   DPPPE  states  that  the
ERAB denied his request based on the fact that  the  OPR  contained  factual
information that the applicant was relieved of command.   The  rating  chain
at the time the report was rendered was clear why they made mention of  this
fact on the report.  DPPPE states that other than the  applicant’s  opinion,
nothing was provided to prove that his rating chain was out to get  him  for
actions he took after a Unit Climate Assessment.   The  memo  provided  from
the rater does not state that the decision  to  remove  the  applicant  from
command was a mistake.  Instead, it clearly states that  the  applicant  was
“not the right man at the right time  in  his  career  for  a  rough  remote
assignment.”  This does not negate the OPR; it proves that the statement  by
the rater that the  applicant  was  relieved  of  command  has  merit.   The
AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO   states   that   since   AFPC/DPPPE   recommends   denial,   SSB
consideration is not warranted.  DPPPO states that  the  applicant  has  two
nonselections to the grade of major by the CY01 (P0401A)  (18  Jun  01)  and
CY02 (P0402A) (19 Feb 02) Major Central Selection  Boards.   The  AFPC/DPPPE
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, copies of the Air Force  evaluations  were  forwarded  to
the applicant for review and comment.  As of  this  date,  no  response  has
been received by this office.

_________________________________________________________________

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  removing  the  contested
referral report and PRF  from  his  records,  and  providing  him  promotion
consideration by a Special Selection  Board  (SSB)  for  the  CY01A  Central
Major Selection Board.  In this respect, we note  the  referral  report  and
PRF contain references to his relief of command.  The  statements  from  his
rating chain, indicate he inherited a unit suffering  from  deep  and  long-
standing personality  division  between  military  and  civilian  personnel.
Both evaluators indicate they continue in their  opinion  that  his  removal
was in the  best  interest  of  the  unit  and  the  mission  based  on  the
information gathered in the Unit Climate  Assessment  (UCA);  however,  they
have subsequently received information which indicates he was  subjected  to
extreme efforts to undermine his endeavors and was unfairly blamed  for  the
totality of the unit’s problems.  In view of this, and given the  relatively
short period of time he served as detachment commander, a  majority  of  the
Board recommends his records be corrected to the extent 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 Company Grade Officer  Performance  Report,  AF  Form  707B,
rendered for the period 24 May 2000 through 27 March 2001, be declared  void
and removed from his record.

      b.    The Promotion Recommendation Form (PRF), AF Form  709,  prepared
for the Calendar Year 2001A Central Major Selection Board be  declared  void
and removed from his records.

It is further recommended that his record be  considered  for  promotion  to
the grade of major by a Special Selection Board for the Calendar Year  2001A
and any subsequent boards for which the OPR, closing 27 March  2001,  was  a
matter of record.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-01731
in Executive Session on 5 November 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. Charles E. Bennett, Member

By majority vote, the Board voted to correct the  records,  as  recommended.
Mr. Russell voted to deny applicant's request but does not wish to submit  a
minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 May 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 29 Jul 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPPO, dated 23 Sep 03.
     Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 03.




                                   BRENDA L. ROMINE
                                   Panel Chair

AFBCMR BC-2003-01731




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 XXXXXXX, be corrected to show that:

            a.   The Company Grade Officer Performance Report, AF Form
707B, rendered for the period 24 May 2000 through 27 March 2001, 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 2001A Central Major Selection Board be, and
hereby is, declared void and removed from his records.

      It is further directed that his record be considered for promotion to
the grade of major by a Special Selection Board for the Calendar Year 2001A
and any subsequent boards for which the OPR, closing 27 March 2001, was a
matter of record.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency


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