RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03686
                       INDEX CODE:  131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The bottom lines of Section VI and  VII  of  the  Officer  Performance
Report for the period ending 10 August 2001 be corrected to reflect  a
command recommendation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her rater and senior  rater  believed  the  recommendation  for  Chief
Nurse, major command (MAJCOM) population health was  equivalent  to  a
command recommendation.  The bottom lines were in error  because  they
intended to give her a command recommendation for promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

The applicant submitted  an  application  to  the  Evaluation  Reports
Appeal Board (ERAB).  The ERAB denied the appeal  stating,  “A  simple
willingness by evaluators to upgrade, rewrite, or void a report is not
valid  basis  for  doing  so.   Retrospective  views  of   facts   and
circumstances, months or even years after the report was written, will
usually  not  overcome  the  Board’s  presumption  that  the   initial
assessment remains valid.”

Applicant was considered but not selected for promotion to  the  grade
of lieutenant colonel  by  the  CY01B  and  CY02B  central  lieutenant
colonel selection boards.

Applicant’s OPR profile as a major is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                  11 Mar 97       Meets Standards
                  28 Jul 97       Meets Standards
                  30 Apr 98       Meets Standards
                  30 Apr 99       Meets Standards
                  15 Apr 00       Meets Standards
                  31 Oct 00       Meets Standards
                 *10 Aug 01       Meets Standards
                  10 Aug 02       Meets Standards
                  19 Mar 03       Meets Standards

*Contested OPR

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE states the applicant provided a letter from  her  rater,
with concurrence from her additional rater, supporting her request  to
have her OPR corrected.  The applicant’s rater stated he  was  shocked
when the applicant  was  not  selected  for  promotion  to  lieutenant
colonel, and that he was even more  shocked  when  he  found  out  her
nonselection may have come from his recommendation.  However, a report
is not erroneous or  unjust  because  the  servicemember  believes  it
contributed to a nonselection  for  promotion  or  may  impact  future
promotion or career opportunities.  It must be proven the  report  was
erroneous or unjust based on  its  content.   Furthermore,  statements
such as command pushes are not mandatory and therefore the report,  as
written, is not in error.  DPPPE further states the applicant has  not
provided any documentation supporting or proving her report was not an
accurate assessment as written.  They further believe the rating chain
is trying to provide the applicant another opportunity  at  promotion.
To allow the applicant to change the initial assessment  would  afford
her with an unfair advantage  not  afforded  other  servicemembers  in
similar situations.  Therefore, based on  the  rational  provide  they
recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPO concurs with the findings of DPPPE and states  that  SSB
consideration is not warranted and they have nothing further  to  add.
Based on the evidence provided,  they  recommend  the  application  be
denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
23 January 2004, 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.  After reviewing the  complete
case file, we believe the intent of the applicant's immediate chain of
command was to include a command recommendation in her 10 August  2001
OPR.  In this respect, the Board is persuaded, based upon the  command
support she has received and the totality of  the  evidence  provided,
that the contested report  should  be  voided  and  removed  from  the
applicant’s records and replaced with a reaccomplished report.   While
it cannot be determined with  any  degree  of  certainty  whether  the
contested report was the sole basis for the applicant’s  nonselection,
the Board  believes  it  served  to  deprive  her  of  full  and  fair
consideration.  In view  of  the  foregoing,  and  with  no  basis  to
question the integrity of the rating chain, we believe that any  doubt
should be resolved in favor of the applicant.   Therefore,  the  Board
recommends the applicant’s record be corrected as 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 Field Grade Officer Performance Report (OPR),  AF  Form
707A, rendered for the period 1  November  2000  through  10  August
2001, be declared void and removed from her records.

     b.  The attached reaccomplished Field Grade Officer Performance
Report (OPR), AF Form 707A, rendered for the period 1 November  2000
through 10 August 2001, be accepted for file in its proper sequence.

It is further recommended that she be considered  for  promotion  to
the grade of lieutenant colonel by a Special Selection Board for the
Calendar Year 2001A Central Lieutenant Colonel Boards  and  for  any
subsequent boards for which the OPR closing 10 August  2001,  was  a
matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03686 in  Executive  Session  on  24  February  2004,  under  the
provisions of AFI 36-2603:

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

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

      Exhibit A. DD Form 149, dated 29 Oct 03, w/atchs.
      Exhibit B. Officer Selection Record.
      Exhibit C. Letter, HQ AFPC/DPPPE, dated 16 Dec 03.
      Exhibit D. Letter, HQ AFPC/DPPPO, dated 14 Jan 04.
      Exhibit E. Letter, SAF/MRB, dated 23 Jan 04.




                             OLGA M. CRERAR
                             Panel Chair









AFBCMR BC-2003-03686




MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed 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 (OPR), AF Form
707A, rendered for the period 1 November 2000 through 10 August 2001, be,
and hereby is, declared void and removed from her records.

            b.  The attached reaccomplished Field Grade Officer
Performance Report (OPR), AF Form 707A, rendered for the period 1
November 2000 through 10 August 2001, be accepted for file in its
proper sequence.

      It is further directed that she be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the Calendar
Year 2001A Central Lieutenant Colonel Boards and for any subsequent
boards for which the OPR closing 10 August 2001, was a matter of record.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

Attachment:
Reaccomplished OPR