RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02897
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Promotion Recommendation Form  (PRF)  prepared  for  the  Calendar  Year
2002A (CY02A) Captain Central Selection Board be  voided  and  retroactively
grant her promotion to the rank of captain effective  the  release  date  (7
May 2002) of the CY02A results.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The “Do Not Promote” (DNP) recommendation  was  based  on  an  unsigned  and
unfinalized referral OPR dated 21 February 2002.  She received  the  PRF  on
25 February 2002.  The finalized OPR is dated 26 April 2002.   This  OPR  is
not a referral OPR.  Her senior rater also admits basing the DNP  on  verbal
information from persons who have admitted under oath they were under  undue
command influence and were forced to issue a referral  OPR  to  prevent  her
promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on extended active duty in  the  grade  of  captain
effective and with a date of rank (DOR) of 1 July 2003.

Applicant was considered and not selected for  promotion  to  the  grade  of
captain by the CY02A  (19  February  2002)  Captain  Selection  Board.   She
received a “Do Not Promote This Board” PRF for the board.

Applicant was considered and selected for promotion to the grade of  captain
by the CY02C (3 October 2002) Captain Selection Board.


OPR profile since 1998 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                  9 Dec 98   Training Report (TR)
                  7 Nov 99   Meets Standards (MS)
                #  31 May 00                 (MS)
                 20 Dec 01                   (MS)
               ##  30 Jul 02                 (MS)

# Top Report on file for the CY02A Board
## Top Report on file for the CY02C Board

EXAMINER’S NOTE:  The OPR rendered for the period 17 September 2001  through
20 December 2001 was initially drafted  as  a  referral  report  before  the
contested PRF was prepared, but was finalized as a “Meets Standards”  report
after the CY02A Captain Promotion Board convened on 19 February 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEB recommended denial.  They indicated  the  applicant  states  she
received a copy  of  her  CY02A  PRF,  with  a  DNP  recommendation,  and  a
memorandum from her senior rater advising her  of  the  DNP  recommendation.
Because the central selection  board  had  already  convened,  she  was  not
afforded the opportunity  to  write  to  the  central  board.   Because  the
Directed by Headquarters (DBH) performance report was not received  in  time
for the February 2002 captain promotion board, the applicant was  granted  a
special selection board (SSB) in  May  2003.   The  applicant’s  record  was
complete and she was given the opportunity to rebut  the  DNP  PRF  and  she
submitted a letter to the board.  The applicant was  non-selected  from  the
May 2003 SSB.

In  the  USAFA/IG  letter  dated  27  June  2003,  the   investigation   did
substantiate “some  undue  command  influence  was  present  concerning  the
complainant.”  However,  the  IG  questioned  the  “significance  since  the
referral OPR in question did not become an official record.”

Senior raters are charged with  writing  PRFs  and  may  use  a  variety  of
sources,  to  include  suggestions  from  subordinate   supervisors--“Senior
raters  may  consider  and/or  include  information  from   other   reliable
sources…”  It is apparent in the senior rater’s 1 August  2003  letter  that
he believes he considered reliable information to make  his  assessment  and
stands by the DNP recommendation.

The evaluation is at Exhibit C.




AFPC/DPPPO recommended denial.  They indicated they  reviewed  AFPC/DPPPEB’s
advisory and have nothing further to add.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after a thorough review of the evidence submitted with  this
appeal, we are not persuaded  the  contested  PRF  is  either  in  error  or
unjust.  Essentially, the applicant asserts that a  draft  referral  Officer
Performance Report (OPR) was used as the basis  for  her  “Do  Not  Promote”
(DNP) Promotion Recommendation Form (PRF) and therefore, the PRF  should  be
removed from her records.  We note the applicant appealed to  the  Inspector
General (IG)  who  substantiated  some  of  her  claims.   However,  the  IG
questioned the significance of the most  serious  charge  of  undue  command
influence since the referral OPR did not become a matter of record.  In  any
event, since the finalized OPR closing 21 December 2001 was not received  by
the central board in time for the CY02A board, the  applicant  was  provided
promotion consideration by a Special Selection Board.   At  that  time,  the
applicant was  given  the  opportunity  to  write  to  the  selection  board
rebutting the DNP PRF.  She was not selected for promotion by the  selection
board.  The Board notes the statement from the senior rater which  indicates
after a careful review of the facts in this case and contact with the  rater
and additional rater during the period in question, he decided  the  PRF  is
true  and  accurate  and  will  remain  a  “Do  Not  Promote   This   Board”
recommendation.  The senior rater further indicates it  was  his  assessment
the applicant was barely meeting standards as an Air  Force  Lieutenant  and
was not ready at that time to assume the  responsibility  commensurate  with
the rank of a captain.  In  the  Board’s  opinion,  the  applicant  has  not
established that the senior rater’s assessment of  her  performance  at  the
time the report was rendered was in error or unjust.   Senior  raters  write
PRFs  and  may  use  a  variety  of  sources  to  include  suggestions  from
subordinate supervisors.  They may also consider and/or include  information
from other reliable sources.  Therefore, in the absence of evidence  to  the
contrary, the Board finds no compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
02897 in Executive Session on 24 February 2004, under the provisions of  AFI
36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Cheryl Jacobson, Member
                  Mr. John B. Hennessey, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 August 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEB, dated 3 November 2003.
   Exhibit D.  Letter, AFPC/DPPPO, dated 1 December 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 19 December 2003.




                                OLGA M. CRERAR
                                Panel Chair