RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02373
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for  the  period  19 September
2000 through 18  September  2001  be  replaced  with  a  reaccomplished  OPR
rendered  for  the  same  period  and  direct  promotion  to  the  grade  of
lieutenant colonel or that he be considered for promotion to  the  grade  of
lieutenant colonel by Special Selection Board (SSB) for  the  Calendar  Year
2001B (CY01B) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR was an unjustly degraded  evaluation  of  his  performance
and potential.  The absence of any stratification or  command  push  in  the
OPR placed him in approximately the lowest 25 percent of  his  peers.   This
was not the intention of his commanding officer.  He contends that  the  OPR
received insufficient review by his  senior  rater,  due  primarily  to  the
extreme operations tempo caused by  the  terrorist  events  of  11 September
2001.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major.

Applicant was considered and not selected for  promotion  to  the  grade  of
lieutenant colonel by the CY01B (5 November 2001), the  CY02B  (12  November
2002), and the CY03A (8 July  2003)  Lieutenant  Colonel  Central  Selection
Boards.

The applicant appealed the contested report under the provisions of AFI  36-
2401 and the appeal was considered and  denied  by  the  Evaluation  Reports
Appeal Board (ERAB).  They concluded that  the  integrity  of  their  entire
selection system rests on determining the leadership potential at  the  time
an OPR or PRF is written, not months later.  Many reports can  be  rewritten
to be stronger, harder hitting, or to include stratification  or  additional
recommendations; however, the time to  do  that  is  before  they  become  a
matter of record.

OPR profile since 1996, follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                  13 Dec 96  Meets Standards (MS)
                   2 Jul 97             (MS)
                  29 Sep 98  Training Report (TR)
                  28 Sep 99                  (TR)
                  18 Sep 00                  (TR)
                * 18 Sep 01                  (MS)
                  18 Sep 02                  (MS)
                   8 Apr 03                                   (MS)

* Contested Report and Top Report for the CY01B Board

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  recommended  denial.   They  indicated   that   to   allow   the
applicant’s report to be corrected would be an unfair  advantage  not  given
to his peers.  The applicant stated he confirmed  receipt  of  the  OPR,  at
AFPC, prior to the Central Selection Board (CSB), but did  not  provide  any
evidence that he reviewed his records prior to the CSB or  if  he  took  any
action to correct it.

The evaluation, with attachment, is at Exhibit C.

AFPC/DPPPO recommended denial.  They indicated that if the  AFBCMR  approves
the applicant’s request  to  substitute  the  8  September  2001  OPR,  they
recommend that his record be considered by a SSB; however, direct  promotion
should not be granted.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 November 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within 30 days.  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  warranting  replacing  the  Officer
Performance Report (OPR) closing 18 September  2001  with  a  reaccomplished
OPR.   After  reviewing  the  supporting  documentation  submitted  by   the
applicant, we believe the contested report is not an accurate assessment  of
the  applicant's  performance  during  the  period  in  question.   In  this
respect, we note the  statements  submitted  from  the  rating  chain  which
indicates that the OPR fails to accurately convey the high  caliber  of  the
applicant’s  abilities   and   potential   for   command.    The   lack   of
stratification and a command push in the OPR  were  entirely  unintentional.
In view of the foregoing, and in an effort to offset any possibility  of  an
injustice, we recommend the contested OPR be declared void and removed  from
his records and that  his  record  along  with  the  reaccomplished  OPR  be
considered for promotion to the grade of lieutenant  colonel  by  a  Special
Selection Board (SSB) for the Calendar Year 2001B Central Colonel  Selection
Board.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice to warrant the applicant’s  promotion  to
the grade of major.  In  this  regard,  the  Board  observes  that  officers
compete for promotion under the whole person concept  whereby  many  factors
are carefully assessed by selection boards.  An  officer  may  be  qualified
for promotion but, in the judgment of a  selection  board  vested  with  the
discretionary  authority  to  make  the  selections  may  not  be  the  best
qualified of those available for the limited number of promotion  vacancies.
 Therefore, in the absence of clear-cut evidence that he would have  been  a
selectee had the reaccomplished OPR been a  matter  of  record,  we  believe
that a duly constituted selection  board  applying  the  complete  promotion
criteria  is  in  the  most  advantageous  position  to  render  this  vital
determination, and that its prerogative to do  so  should  only  be  usurped
under extraordinary circumstances.

_________________________________________________________________

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, AF Form  707A,  rendered
for the period 19 September 2000 through  18  September  2001,  be  declared
void and removed from his records.

    b.  The attached Field Grade Officer Performance Report, AF  Form  707A,
rendered  for  the  period  19  September  2000  through  18 September  2001
reflecting  in  Section  VII,  Additional  Rater  Overall  Assessment,  last
sentence “Talented, motivated leader!   Effectively  utilizes  his  people--
clear squadron command pick--send to SSS!” be placed in his  record  in  its
proper sequence.

It is further recommended that he be considered for promotion to  the  grade
of lieutenant colonel by Special  Selection  Board  for  the  Calendar  Year
2001B Lieutenant Colonel Selection Board and any subsequent boards in  which
the attached OPR was not a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02373 in Executive Session on 20 November 2003, under the provisions of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. Albert Ellett, Member

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

   Exhibit A.  DD Form 149, dated 4 July 2003, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPE, dated 4 August 2003, w/atch.
   Exhibit D.  Letter, AFPC/DPPPO, dated 26 September 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 17 October 2003.




                                RICHARD A. PETERSON
                                Panel Chair


AFBCMR BC-2003-02373





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, AF Form
707A, rendered for the period 19 September 2000 through 18 September 2001,
be, and hereby is, declared void and removed from his records.

                  b.  The attached Field Grade Officer Performance Report,
AF Form 707A, rendered for the period 19 September 2000 through
18 September 2001 reflecting in Section VII, Additional Rater Overall
Assessment, last sentence “Talented, motivated leader!  Effectively
utilizes his people--clear squadron command pick--send to SSS!” be placed
in his record in its proper sequence.

           It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board for the Calendar
Year 2001B Lieutenant Colonel Selection Board and any subsequent boards in
which the attached OPR was not a matter of record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
Officer Performance Report - closing 18 September 2001