RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02881
                                  (Case 4)

            INDEX CODE:  131.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR), closing 26 May 1999, be replaced
with the OPR he provided reflecting a Professional Military  Education
(PME) recommendation.  If his request is approved,  he  be  considered
for PME candidacy by the CY00A (28 November 2000)  Lieutenant  Colonel
Central Selection  Board  (this  latter  request  was  withdrawn  (see
Exhibit F)).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an oversight, the errors on the original OPR were not  entirely
corrected during his initial appeal to the Evaluation  Reports  Appeal
Board (ERAB).  Specifically, his rater unintentionally left out a  PME
recommendation on his OPR, closing 26 May 1999.

In support of his request, applicant submits a personal  statement,  a
replacement OPR, copies of his Promotion  Recommendation  Form  (PRF),
letters from his rating chain 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  Commissioned  Service   Date
(TAFCSD) is 17 December 1985.  He is currently serving on active  duty
in the grade of lieutenant colonel, with an effective date and date of
rank of 1 February 2002, having been selected for  promotion  to  that
grade by the CY00A selection board.

Applicant's profile for the last seven reporting periods follows:

            Period Ending    Evaluation

                20 Sep 97    Meets Standards (Major)
            #   20 Sep 98         MS
            ## *26 May 99         MS
            ###  7 Mar 00         MS
                 7 Mar 01         MS
                 7 Mar 02         MS    (Lieutenant Colonel)
                 7 Mar 03         MS

*  Contested OPR

# Top report at the time he was  considered  Below-the-Promotion  Zone
(BPZ) and nonselected for promotion to the grade of lieutenant colonel
by  the  CY99A  Lieutenant  Colonel  Central  Selection  Board,  which
convened on 19 April 1999.

## Top report at the time he was considered  Below-the-Promotion  Zone
(BPZ) and nonselected for promotion to the grade of lieutenant colonel
by  the  CY99B  Lieutenant  Colonel  Central  Selection  Board,  which
convened on 30 November 1999.

### Top report at the time he  was  considered  In-the-Promotion  Zone
(IPZ) and selected for promotion to the grade of lieutenant colonel by
the CY00A Lieutenant Colonel Central Selection Board,  which  convened
on 28 November 2000.

Similar appeals by the applicant, under Air Force Instruction (AFI) 36-
2401, were considered and denied by the Evaluation Report Appeal Board
(ERAB) in August 2001 and December 2002.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPPE, recommends the application  be  denied.   DPPPE  states
that the applicant filed three previous appeals on the same OPR, under
Air Force Instruction (AFI) 36-2401.  His November  1999  request  for
substitution due to incorrect operation name was approved by the ERAB;
however, his July 2001 and December 2002 requests for inclusion of PME
recommendation and PME SSB consideration  were  denied  by  the  ERAB.
DPPPE states that there are no errors or injustices cited  in  the  26
May 1999 OPR.  The rating chain has provided  retrospective  views  of
what should have been in  his  evaluation  only  after  the  applicant
initiated corrective action as a result of PME candidacy nonselection.
 DPPPE believes the applicant had adequate opportunity to correct this
OPR previously; first, through “due diligence” and second, through his
initial November 1999 ERAB.  The applicant’s rating  chain  can  still
recommend him for  in-residency  PME  selection  as  a  non-candidate;
therefore, he still has an opportunity  to  attend  in-residence  PME.
The HQ AFPC/DPPPE evaluation is at Exhibit C.

HQ AFPC/DPPPO, recommends the application be denied.   DPPPO  reviewed
the findings in the HQ AFPC/DPPPE advisory and have nothing further to
add.  Since the advisory recommends denial, SSB consideration  is  not
warranted.  The HQ AFPC/DPPPO evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and  indicated  that  the
DPPPE advisory is misleading in its summary of  two  of  the  previous
ERAB appeals (refer to applicant’s rebuttal for details).  At the time
the report was rendered, he was back in the CONUS less than  one  week
from a no-notice four-month deployment to Europe supporting  Operation
ALLIED FORCE and 30 days away from departing  the  CONUS  again,  this
time for a permanent  change  of  station  (PCS)  to  Korea.   In  his
rebuttal, he discusses his assignment and duty in  Korea  in  the  two
years following the closeout of the OPR.  The relevance of  his  Korea
tour is the undercurrent within the  DPPPE  advisory  which  seems  to
presuppose that he had all kinds of time on  his  hands  to  work  the
system and take care of his records.  Almost  five  years  has  passed
since the original report became a matter of  record.   Shortly  after
his return from Korea in 2001, and immediately after 9-11, he deployed
to a classified, bare-base locale in South West  Asia  in  support  of
Operation ENDURING FREEDOM.  This deployment contributed to  delay  in
mounting the appeal.  After much soul searching, he  no  longer  seeks
SSB consideration  for  PME  candidacy  consideration.   His  complete
response is 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 error or injustice.  The supporting documents provided by
the applicant are sufficient to cause doubt  concerning  the  fairness
and accuracy of the contested report.  In our review of the supporting
documents, we note that the rater states he unintentionally omitted  a
PME recommendation at the time the contested report was rendered.  The
evaluators  of  the  contested  report  acknowledge  the  “unfortunate
mistake” and strongly support  replacing  the  contested  OPR  with  a
reaccomplished report.  In view of  the  statements  provided  by  the
evaluators of the contested report, and having no  basis  to  question
their integrity, we conclude that the applicant’s  records  should  be
corrected to substitute the reaccomplished OPR, closing 26  May  1999,
for the one currently in his records.  Further,  since  the  contested
OPR was a matter of record  when  the  applicant  was  considered  for
promotion to lieutenant colonel below-the-promotion zone, we recommend
he be given SSB consideration by the CY99B Lieutenant Colonel  Central
Selection Board with the reaccomplished OPR in his records.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  to  show  that  the  Field  Grade
Officer Performance Report (OPR),  AF  Form  707A,  rendered  for  the
period 21 September 1998 through 26 May 1999,  be  declared  void  and
removed from his records, and the reaccomplished OPR be  accepted  for
file in its place.

It is further recommended that his record be considered for  promotion
to the grade of lieutenant colonel by a Special Selection Board  (SSB)
for the Calendar  Year  1999B  Lieutenant  Colonel  Central  Selection
Board.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 March 2004, under the provisions  of  AFI  36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Albert C. Ellett, Member
              Ms. Beth M. McCormick, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-02881.

   Exhibit A.  DD Form 149, dated 21 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 27 Oct 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 20 Nov 03.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Nov 03.
   Exhibit F.  Letter from Applicant, dated 21 Feb 04.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-02881




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 the Field Grade
Officer Performance Report (OPR), AF Form 707A, rendered for the
period 21 September 1998 through 26 May 1999, be, and hereby is,
declared void and removed from his records, and the arttached
reaccomplished OPR be accepted for file in its place.

      It is further directed that his record be considered for
promotion to the grade of lieutenant colonel by a Special Selection
Board (SSB) for the Calendar Year 1999B Lieutenant Colonel Central
Selection Board.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Attachment
Reaccomplished OPR