RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02389

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

1.  His Officer Selection Brief (OSB),  prepared  for  review  by  the
CY01B  (P0501B)  Lieutenant  Colonel  Central  Selection   Board,   be
corrected to reflect one Joint Service Commendation Medal (JSCM)  with
the year as 1995 in  the  Decorations  Section;  and,  the  Assignment
History Section should reflect “DD/J” in the level [LVL] column,  with
the effective dates of 15 Mar 1999 and  16 Feb  2000;  and,  the  duty
title of “Deputy Chief, Operations,” with the effective date of 15 Mar
1999.

2.  His Officer Performance Report (OPR), rendered for the  period  17
May 2000 through 15 May 2001, be declared void and  removed  from  his
records.

NOTE:  Applicant’s initial  request  for  removal  of  the  additional
rater’s comments on the 15 May 2001 OPR was withdrawn.

3.  His P0501B Promotion  Recommendation  Form  (PRF)  be  amended  to
include key statements concerning his performance.

NOTE:  Applicant’s request to have the Duty Air Force  Specialty  Code
(DAFSC) changed from “64P3” to  “64P4”  on  the  PRF  for  the  P0501B
selection board was administratively corrected prior to the  selection
board; therefore, no Board action is required on this issue.

4.  He be considered for promotion to the grade of lieutenant  colonel
by a Special Selection Board (SSB) for CY01B  (5  Nov  01)  Lieutenant
Colonel Central Selection Board, with his corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The presence of the Board Discrepancy Report  in  his  OSR,  noting  a
missing JSCM, sent a negative message to the selection board  that  he
was negligent in ensuring  his  record  was  correct  for  the  P0501B
selection board.

His additional rater sought  reprisal  against  him  by  submitting  a
biased and unfair 15 May 01 OPR and  P0501B  PRF,  which  inadequately
demonstrated his true performance.  His senior rater at the  time  was
responsible for providing promotion recommendations to  the  selection
board.  However, there  was  unfavorable  bias  by  the  senior  rater
because he [applicant] was elected to the Board of Governors  for  the
Army-Navy Country Club  over  the  senior  rater.   His  senior  rater
chaired the Management Level Review  (MLR)  that  allocated  promotion
recommendations for the P0501B selection board.  A change  of  command
occurred soon afterwards and the new commander completed  the  process
by signing the PRF written by his former senior rater.

In support of his two applications,  the  applicant  submits  personal
statements, copies of his P0501B OSB,  the  P0501B  Board  Discrepancy
Report, contested OPRs and PRFs, a DOD Inspector General (IG) response
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
30 June 1986.  He is currently serving on active duty in the grade  of
major, with an effective date and date of rank of 1 March  1998.   The
following is a resume of his OPR ratings subsequent to  his  promotion
to that grade.

            Period Ending    Evaluation

                 8 Sep 98    Meets Standards
                16 May 99         MS
            #   16 May 00         MS
            ## *15 May 01         MS
            ### 15 May 02         MS
            #### 8 Apr 03         MS

*  Contested OPR

# Top report at the time he was  considered  below-the-promotion  zone
(BPZ) and nonselected for promotion to lieutenant colonel by the CY00A
(P0500A) Lieutenant  Colonel  Central  Selection  Board  (CSB),  which
convened on 28 November 2000.

## Top report at the time  he  was  considered  in-the-promotion  zone
(IPZ) and nonselected for promotion to lieutenant colonel by the CY01B
(P0501B) Lieutenant Colonel CSB, which convened on 5 November 2001.

### Top report at the time he was considered above-the-promotion  zone
(APZ) and nonselected for promotion to lieutenant colonel by the CY02B
(P0502B) Lieutenant Colonel CSB, which convened on 12 November 2002.

#### Top report at the time he was considered above-the-promotion zone
(APZ) and nonselected for promotion to lieutenant colonel by the CY03A
(P0503A) Lieutenant Colonel CSB, which convened on 8 July 2003.

Information  extracted  from  applicant’s  P0503A  OSB   reveals   his
assignment history and decorations  were,  in  part,  administratively
corrected; i.e., duty title with the effective date of 15 Mar 1999 was
changed to “Deputy Chief, Operations” and  the  number  of  JSCMs  was
changed to “1” with “1995” as the year.

Information maintained in the Military Personnel Data System  (MilPDS)
reveals that the  applicant  currently  has  an  established  date  of
separation (DOS) of 30 June 2006.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPASA recommends correction to the decorations section on  the
OSB  and  applicant’s  three  assignment  history  entries.   The   HQ
AFPC/DPASA evaluation, with attachments, is at Exhibit C.


HQ AFPC/DPPPE recommends the application to void the 15  May  01  OPR,
P0500A PRF and P0501B PRF be denied.  DPPPE states that the  applicant
feels  reprisal  actions  were  taken  against   him   based   on   an
investigation and an election.  The applicant, however, was unable  to
provide sufficient documentation to prove his case.  Evidence, such as
statements from the rating chain or a report of investigation, was not
provided to substantiate the  applicant  experienced  reprisal  action
from the rating chain.  DPPPE addressed the applicant’s allegations in
detail at Exhibit D.  The HQ AFPC/DPPPE evaluation is at Exhibit D.


HQ AFPC/DPPPO recommends partial approval of the  application.   DPPPO
does not believe the minor administrative errors  in  the  applicant’s
OSB caused his nonselection for  promotion;  therefore,  they  do  not
recommend   granting   SSB   consideration   with   the   corrections.
Applicant’s OPR contained the  correct  duty  title  which  the  board
members saw and took into  consideration  in  evaluating  his  record.
DPPPO agrees with the applicant that the Board Discrepancy Report  may
have sent a negative message to  the  board  regarding  his  care  for
ensuring the accuracy of his records.  Based on the evidence provided,
DPPPO recommends approval for  SSB  consideration  without  the  Board
Discrepancy Report  in  his  Officer  Selection  Record  (OSR)  and  a
corrected OSB reflecting “1995” and “1” for his JSCM.   If  the  Board
grants SSB consideration on this issue, DPPPO recommends his corrected
duty title data also be considered by an SSB.  However, they recommend
denial of his requests  to  void  his  reports  as  explained  in  the
advisory from HQ  AFPC/DPPPE.   The  HQ  AFPC/DPPPO  evaluation,  with
attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and  indicates  that  the
facts he has provided  in  his  rebuttal  statement,  taken  in  their
totality, clearly question the fairness of both his  additional  rater
and senior rater in  assessing  his  past  performance  and  promotion
potential.  Incorrect information in the Promotion Folder as  well  as
the Officer Preselection Brief (OPB)  prevented  the  promotion  board
from receiving correct information necessary to  fulfill  its  charter
and properly  evaluate  his  record.   He  asks  that  the  Board  not
invalidate his claims because of his inability to  get  admissions  or
confessions  from  superior  officers  and  the  rating  chain.    The
applicant’s complete submission is 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  warranting  correction   to   the
applicant’s Officer Selection Brief (OSB) and Officer Selection Record
(OSR) and Special Selection Board (SSB) consideration for promotion to
the grade of lieutenant colonel.  After reviewing  the  complete  case
file, we are in agreement with the opinions and recommendations of the
appropriate Air Force offices (HQ AFPC/DPAS and  HQ  AFPC/DPPPO).   In
this respect, we note that HQ AFPC/DPAS substantiates the  errors  the
applicant identified on his brief.  In addition, HQ AFPC/DPPPO  agrees
with the applicant’s contention that  the  Board  Discrepancy  Report,
filed in his Officer Selection Record (OSR), may have sent a  negative
message to the selection board and therefore recommends  approval  for
SSB consideration with a corrected  OSR  and  OSB.   In  view  of  the
foregoing and in order to  resolve  any  injustice  in  favor  of  the
applicant, we recommend his records be corrected as indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  concerning  the  contested
Officer Performance Report (OPR), closing 15 May 2001, and the  P0501B
Promotion Recommendation  Form  (PRF).   The  applicant's  contentions
concerning the contested reports are duly noted.   However,  we  agree
with the opinion and  recommendation  of  the  appropriate  Air  Force
office (HQ AFPC/DPPPE) and adopt the rationale expressed as the  basis
for our decision that the applicant has failed to sustain  his  burden
that he has  suffered  either  an  error  or  an  injustice.   We  are
unpersuaded by the evidence presented that the evaluators, tasked with
the responsibility of  assessing  the  applicant’s  performance,  were
unable to render unbiased evaluations of his duty performance or  that
the evaluations were based on factors other than the applicant’s  duty
performance and demonstrated promotion  potential  during  the  rating
period in question.  In view of the foregoing, and in the  absence  of
evidence which shows to our satisfaction that  the  contested  reports
are technically flawed, the information contained in the  reports  are
erroneous or inaccurate, or the ratings and comments had  their  bases
in factors other than the applicant’s  performance  and  behavior,  we
find  no  compelling  basis  to  recommend  favorable  action  on  the
applicant’s request for removal of the contested reports.

_________________________________________________________________

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 Officer Selection Brief (OSB)  viewed  by  the  Calendar
Year 2001B Lieutenant Colonel Central Selection Board  be  amended  to
change the Joint Service Commendation Medal (JSCM) entries  under  the
Decorations Section to reflect “one” rather than “two” and the year as
“1995” rather than “2001”; the 15 March  1999  and  16  February  2000
entries under the Assignment History Section to reflect the  Level  as
“DD/J” rather than “W/B”; and, the 15 March 1999 Duty Title as “Deputy
Chief, Operations” rather than “Chief, Tech Ops.”

      b.  The Board Discrepancy Report noting a missing Joint  Service
Commendation Medal (JSCM) be removed from his Officer Selection Record
(OSR).

It is further recommended that the  applicant’s  corrected  record  be
considered for promotion to the  grade  of  lieutenant  colonel  by  a
Special Selection Board for the Calendar Year 2001B Lieutenant Colonel
Central Selection Board and any subsequent boards for which the  above
corrections were not a matter of record.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Kathleen F. Graham, Member
              Mr. Michael J. Novel, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-02389.

   Exhibit A.  DD Forms 149, dated 16 Jul 03, w/atchs, and
                   5 Jan 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAS, dated 12 Aug 03, w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPPE, dated 23 Feb 04.
   Exhibit E.  Letter, HQ AFPC/DPPPO, dated 25 Mar 04, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 2 Apr 04.
   Exhibit G.  Letter from Applicant, undated.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2003-02389




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 APPLICANT be corrected to show that:

      a.  The Officer Selection Brief (OSB) viewed by the Calendar
Year 2001B Lieutenant Colonel Central Selection Board be, and hereby
is, amended to change the Joint Service Commendation Medal (JSCM)
entries under the Decorations Section to reflect “one” rather than
“two” and the year as “1995” rather than “2001”; the 15 March 1999 and
16 February 2000 entries under the Assignment History Section to
reflect the Level as “DD/J” rather than “W/B”; and, the 15 March 1999
Duty Title as “Deputy Chief, Operations” rather than “Chief, Tech
Ops.”

      b.  The Board Discrepancy Report noting a missing Joint Service
Commendation Medal (JSCM) be, and hereby is, removed from his Officer
Selection Record (OSR).

      It is further directed that the applicant’s corrected record be
considered for promotion to the grade of lieutenant colonel by a
Special Selection Board for the Calendar Year 2001B Lieutenant Colonel
Central Selection Board and any subsequent boards for which the above
corrections were not a matter of record.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency