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AF | BCMR | CY2004 | BC-2003-03178
Original file (BC-2003-03178.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03178

                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) for the period 5 May 2001 through
4 May 2002 be declared void and replaced with the revised OPR  and  he
receive Special Selection Board (SSB) consideration for  promotion  to
the grade of colonel by the  CY02B  Central  Colonel  Selection  Board
along with the corrected 4 May 1999 OPR  approved  by  the  Evaluation
Reports Appeal Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an administrative error, the bottom line in block VI from the 4
May 2001 OPR at attachment 5 was entered in the 4 May 2002  OPR.   Per
the rater’s statement at attachment 6 and additional rater’s statement
at attachment 7, the existing OPR is incorrect.  Contrary to the  ERAB
decision at attachment 8, he could not have attempted to correct  this
error prior to the line board, because he did not discover  the  error
until a records review with AFPC on      17 April 2003.  Also, per the
rater and additional rater statements, the existing  line  is  not  an
accurate assessment and appropriate  recommendation.   The  rater  and
additional  rater  considered   him   their   top   officer   but   an
administrative error prevented the line board from seeing this and the
Detachment Chief leadership position reflected in  the  ERAB  approved
the new May 1999 OPR.

In support of the  applicant’s  appeal,  he  submits  a  copy  of  the
contested OPR, a copy of the revised OPR, letters from the  ERAB,  and
letters of support from the rating chain

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________





STATEMENT OF FACTS:

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

The applicant has one nonselection to the  grade  of  colonel  by  the
CY02B Central Colonel Selection Board.

On 12 August 2003, the applicant submitted an appeal to the Evaluation
Report Appeals Board (ERAB) to replace the 4 May 1999 OPR. His request
was approved by the ERAB; however, the request  for  an  SSB  was  not
approved.

On 19 August 2003, the applicant submitted an appeal to replace the  4
May 2002 OPR to the ERAB and the board denied his request. He contends
the push line in block VI is identical to that of the previous  year’s
report.

Applicant’s OPR profile since 1998 indicates "Meets Standards".

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial and states no factual  error  exists  in
the OPR and it is not apparent the member exercised due  diligence  to
correct the OPR prior to the central selection  board.  Regardless  of
rating chain support, it would be unfair to other AF members to afford
the applicant a second look under these circumstances.

The applicant states he could not have attempted to correct this error
prior to the central selection board  meeting.   The  applicant  never
states why he did not or could not correct this  error  prior  to  the
board.  Every officer meeting a central selection  board  is  afforded
the opportunity to conduct a records review and are given instructions
via officer preselection briefs approximately 100 days  prior  to  the
board.  A report is  not  erroneous  because  it  affects  a  member’s
promotion opportunity.

Also, the rating chain states the existing line  is  not  an  accurate
assessment  or  appropriate  recommendation.   However,  nothing   was
provided from the rating chain stating why they signed the report with
the original bullet if they intended another.  While it may be a  fact
that the line on the two reports is the same, the  rating  chain  does
not indicate the statement is  not  a  factual,  accurate  assessment.
After reviewing the reports, the rating chain may have discovered  the
two like bullets but when they accomplished the report, the bullet was
sufficient for them to sign the report and forwarded it for  promotion
consideration.

AFPC/DPPPE complete evaluation is at Exhibit C.

AFPC/DPPPO concur with the findings in  the  AFPC/DPPPE  advisory  and
since that  advisory  recommends  denial,  SSB  consideration  is  not
warranted.

AFPC/DPPPO complete evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force Evaluations and stated  prior  to
his  primary  central  selection  board,  he  accomplished   what   he
considered at the time to be very comprehensive review of his  record.
The instructions given to him  via  his  preselection  brief  did  not
provide guidance on, and it never occurred to him to check  for,  word
for  word  identical  lines   in   sequential   OPRs   indicating   an
administrative error.  He was made aware  of  this  error  during  his
formal nonselection brief  with  a  senior  career  personnel  officer
assigned to  AFPC.   Upon  discovery  of  the  error,  he  immediately
contacted both officers in the rating chain and  they  both  confirmed
the line in question was a  pure  administrative  error.   The  rating
chain, being the final step  in  the  internal  review  of  the  final
document simply did not catch the error  prior  to  signing  the  OPR.
This entire request boils down to  him  requesting  correction  of  an
error discovered and relayed by AFPC.

Applicant’s 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 an error or injustice.   In  support  of  his  contention,  the
applicant provided credible evidence from his rating chain,  which  has  led
us to believe that the  contested  OPR  did  not  accurately  portray  their
assessment of his promotion potential.  Given the unequivocal  support  from
the senior Air Force officers involved, and having no reason to doubt  their
integrity in this matter, we  believe  that  the  contested  OPR  should  be
declared void and replaced with a corrected  OPR,  and  that  he  should  be
considered by SSB for promotion to the  grade  of  colonel.   Therefore,  in
view of the above findings, we recommend that his records  be  corrected  to
the extent indicated below.

____________________________________________________________
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 AF Form 707A, Field Grade  Officer  Performance  Report  (OPR),
        rendered for the period 5 May 2001 through 4 May 2002, be  declared
        void and removed from his records.


     b. The attached AF Form 707A, Field Grade Officer  Performance  Report
        (OPR), rendered for the period 5  May  2001  through  4  May  2002,
        reflecting in Section VI, last line “Pinanacle Lt Col in Det...  he
        will dazzle” be accepted for file in its place.

It is further recommended that he be considered for promotion to  the  grade
of colonel by a Special  Selection  Board  for  the  CY02B  Central  Colonel
Selection Board and for any subsequent boards in which the above  correction
was not a matter of record.

____________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-03178
in Executive Session on 31 March 2004, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Leslie E. Abbott, Member
                  Ms. Renee M. Collier, Member

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

   Exhibit A.  DD Forms 149, dated 15 Sep 03 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 21 Oct 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 20 Nov 03.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Nov 03.
   Exhibit F.  Letter, Applicant, dated 16 Dec 03.





                                       THOMAS S. MARKIEWICZ
                                       Chair
AFBCMR BC-2003-03178




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 AF Form 707A, Field  Grade  Officer  Performance  Report  (OPR),
       rendered for the period 5 May 2001 through 4 May 2002,  be  declared
       void and removed from his records.
    b. The attached AF Form 707A, Field Grade  Officer  Performance  Report
       (OPR), rendered for the period  5  May  2001  through  4  May  2002,
       reflecting in Section VI, last line “Pinanacle Lt  Col  in  Det…….he
       will dazzle” be accepted for file in its place.

      It is further directed that he be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the CY02B
Central Colonel Selection Board and for any subsequent boards in which the
above correction was not a matter of record.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachment:
OPR

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