RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01894
(Case 2)
INDEX CODE: 131.00, 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Referral Officer Performance Report (OPR), rendered for the period
5 July 1990 through 4 January 1991, be declared void and removed from
her records.
She be considered for promotion to the grade of lieutenant colonel by
a Special Selection Board (SSB) for CY92A (6 July 1992), CY93A (12
October 1993) and CY94A (11 October 1994) Lieutenant Colonel Central
Selection Boards, with her corrected record. If selected for
promotion to the grade of lieutenant colonel by one of the cited
boards, she be reconsidered for promotion to the grade of colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested report was not an accurate assessment of her
performance. She was given the referral OPR without the benefit of
any advice, counseling, verbal or written feedback from the rater.
In support of her request, applicant submits copies of letters from
the additional rater of the contested report and the former Chief of
Professional Services and Deputy Surgeon for the Pacific Air Forces.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
and applicant’s Officer Selection Record (OSR) reveals her Total
Federal Commissioned Service Date (TFCSD) as 18 November 1970. Prior
to the applicant’s break in service, during the period 31 January 1984
through 14 June 1988, she was a member of the active Air Force
Reserve. On 15 June 1988, she was voluntarily ordered to extended
active duty (EAD) in the grade of major. The following is a resume of
her Officer Performance Report (OPR) ratings subsequent to her EAD
date.
Period Ending Evaluation
30 Jun 89 Education/Training Report - MAJOR
4 Jan 90 Meets Standards (MS)
4 Jul 90 MS
* 4 Jan 91 Does Not Meet Standards (Referral)
# 28 Oct 91 MS
16 Jul 92 MS
## 16 Jul 93 MS
### 16 Jul 94 MS
####16 Jul 95 MS
16 Jul 96 MS
16 Jul 97 MS - LIEUTENANT COLONEL
16 Jul 98 MS
17 Jun 99 MS
1 May 00 MS
1 May 01 MS
+ 1 May 02 MS
* Contested Referral OPR
# Top report at the time she was considered and nonselected for
promotion to the grade of lieutenant colonel by the CY92A Lieutenant
Colonel Central Selection Board, which convened on 6 July 1992.
## Top report at the time she was considered and nonselected for
promotion to the grade of lieutenant colonel by the CY93A Lieutenant
Colonel Central Selection Board, which convened on 12 October 1993.
### Top report at the time she was considered and nonselected for
promotion to the grade of lieutenant colonel by the CY94A Lieutenant
Colonel Central Selection Board, which convened on 11 October 1994.
#### Top report at the time she was considered and selected for
promotion to the grade of lieutenant colonel by the CY95A Lieutenant
Colonel Central Selection Board, which convened on 6 November 1995.
+ Top report at the time she was considered and nonselected for
promotion to the grade of colonel In-the-Promotion Zone (IPZ) by the
CY02A Central Colonel Selection Board, which convened on 28 October
2002.
The applicant’s OSR reveals that, on 23 October 2002, she wrote a
letter to the CY02A selection board, with inclusion of a 3 June 1996
letter from the additional rater of the contested report and a 26 July
1993 letter from the Chief of Professional Services and Deputy Surgeon
for the Pacific Air Forces.
On 31 May 2003, the applicant was relieved from active duty in the
grade of lieutenant colonel under the provisions of AFI 36-3207
(Maximum Service or Time in Grade) and voluntarily retired, effective
1 June 2003. At the time of retirement, she had served a total of 20
years, 3 months and 26 days of active service for retirement.
On 29 April 2003, the AFBCMR considered and recommended approval of
applicant's request that, due to a missing decoration in her Officer
Selection Record (OSR), she be considered for promotion to the grade
of colonel by a Special Selection Board (SSB) for the CY02A (28
October 2002) Central Colonel Selection Board, with inclusion of the
Meritorious Service Medal, Second Oak Leaf Cluster (MSM 2OLC). On 5
May 2003, the Deputy for Air Force Review Boards directed SSB
consideration by the CY02A selection board, with inclusion of the MSM
2OLC in her OSR.
_________________________________________________________________
AIR FORCE EVALUATIONS:
HQ AFPC/DPPPE recommends the application be denied. DPPPE states the
applicant has not substantiated that the OPR is unjust. Her claim of
not receiving feedback was not supported by any evidence. The
applicant’s claim that she was not given any reason for the referral
report is not plausible since the OPR specifically states she was
relieved of her duties during the reporting period. Not only did the
applicant wait over 12 years to submit this appeal, the letters
supporting her contentions were written two and five years after the
report was rendered. The HQ AFPC/DPPPE evaluation is at Exhibit C.
HQ AFPC/DPPPO reviewed HQ AFPC/DPPPE’s advisory opinion and has
nothing further to add. Since HQ AFPC/DPPPE’s recommendation is to
deny the applicant’s request to void the contested OPR, DPPPO states
her request for SSB consideration is not warranted. The HQ AFPC/DPPPO
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to applicant on
19 September 2003 for review and response. As of this date, no
response has been received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (HQ AFPC/DPPPE) and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden that she has suffered either an error
or an injustice. In view of the above and absent evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
01894 in Executive Session on 30 October 2003, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Charlie E. Williams Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPE, dated Jun 03.
Exhibit D. Letter, HQ AFPC/DPPPO, undated.
Exhibit E. Letter, SAF/MRBR, dated 19 Sep 03.
RICHARD A. PETERSON
Panel Chair
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