RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00189
                            (CASE 2)
            INDEX CODE:  131.01


            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 1994A (CY94A) Lieutenant Colonel  Central  Selection
Board be voided and replaced with a reaccomplished PRF.

He be provided Special Selection Board (SSB)  consideration  with  his
corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Both the senior rater and  Management  Level  Review  (MLR)  president
agree that as a result of his  corrected  Officer  Performance  Report
(OPR) closing 21 Aug 93, his record  is  much  stronger  and  properly
reflects his  performance  during  the  period  of  the  report.   The
original OPR substantially weakened the perception of his  performance
and undoubtedly weakened the PRF submitted to his senior rater.   This
inadvertent, inaccurate portrayal of his  performance  influenced  the
decision to award a “Promote” rather than a “Definitely Promote”  (DP)
recommendation for his primary promotion board.

In support of  his  appeal,  the  applicant  provided  copies  of  the
original and  reaccomplished  PRFs,  supportive  statements  from  the
senior rater and MLR president, and his selection record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 19 Sep 79 and voluntarily ordered to extended active duty.  He  was
integrated into the Regular Air Force on 13 Oct 87.

Applicant's Officer Effectiveness  Report/Officer  Performance  Report
(OER/OPR) profile since 1986 follows:

      PERIOD ENDING    EVALUATION

       8 Jul 86  1-1-1
      29 Jan 87  1-1-1
      29 Jan 88  1-1-1
      29 Jan 89  Meets Standards
      14 Jun 89  Meets Standards
      14 Jun 90  Meets Standards
      14 Jun 91  Meets Standards
      31 Jan 92  Meets Standards
      31 Jan 93  Meets Standards
      21 Aug 93  Meets Standards
   #   1 Jun 94  Meets Standards
      15 Jan 95  Meets Standards
  ##  15 Jan 96  Meets Standards
 ###  15 Jan 97  Meets Standards
####  15 Jan 98  Meets Standards
      15 Jan 99  Meets Standards

   # Top Report at the time he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY94A  Lieutenant
Colonel Board.

  ## Top Report at the time he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY96C  Lieutenant
Colonel Board.

 ### Top Report at the time he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY97C  Lieutenant
Colonel Board.

#### Top Report at the time he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY98B  Lieutenant
Colonel Board.

Applicant was relieved from active duty on 30 Jun 99 and  retired  for
length of service, effective 1 Jul 99, in the grade of major.  He  was
credited with 20 years and 10 days of active service.

On 1 Nov 01, the Board recommended the applicant’s OPR closing  21 Aug
93 be declared void and removed from his records and replaced  with  a
reaccomplished report; and, he be provided SSB consideration with  his
corrected record.  On 29 Nov 01, the Director, Air Force Review Boards
Agency, accepted the Board’s recommendation.

On 6 May 02, the applicant was considered and nonselected by SSBs  for
the CY94A, CY96C, CY97C, and CY98B Lieutenant Colonel Boards.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial noting the applicant provided a new  PRF
and supportive  documentation  from  the  senior  rater  and  the  MLR
president.  However, in their view, the changes to the  corrected  OPR
should  not  constitute  a  complete  rewrite  of  Section IV  of  the
contested PRF as has been submitted.

A complete copy of the AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO indicated they reviewed the AFPC/DPPPE evaluation and  have
nothing further to add.  Since the evaluation  recommended  denial  to
replace the PRF, SSB consideration is not warranted.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating, in summary, the  evidence  submitted  in  support  of  his
appeal is credible, relevant, and believable.  Furthermore,  both  the
senior rater and MLR president strongly support replacing the PRF  and
SSB consideration.

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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  We note that  as  a  result  of  the
applicant’s previous request for a correction of his records, his  OPR
closing 21 Aug 93  was  voided  and  replaced  with  a  reaccomplished
report.  He now requests his CY94A PRF be voided and replaced  with  a
new PRF reflecting  a  DP  recommendation,  contending  the  corrected
report now properly reflects his performance during the period of  the
report.  He further asserts the original report’s inaccurate portrayal
of his performance was the basis for  the  decision  to  award  him  a
“Promote” rather than a DP recommendation.  After a thorough review of
the available evidence, particularly the statements  from  the  senior
rater and MLR president, we are sufficiently persuaded that corrective
action is warranted in this case.  The senior rater indicated that had
the corrected OPR been available for review prior to the conclusion of
the PRF cycle, a  much  stronger  PRF  would  have  been  appropriate,
justifying the award of a DP to the  applicant.   He  has  provided  a
reaccomplished PRF reflecting a DP recommendation, which is  supported
by the MLR president.  In view of the foregoing, and having  no  basis
to question the integrity of the senior rater and  MLR  president,  we
recommend the applicant’s CY94A PRF be  voided  and  replaced  with  a
reaccomplished PRF.  We further recommend  the  applicant’s  corrected
record be considered for promotion to the grade of lieutenant  colonel
by an SSB for the CY94A Lieutenant Colonel Board.

_________________________________________________________________

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 Promotion Recommendation Form (PRF), AF Form  709,
prepared  for  consideration  by  the  Calendar  Year  1994A   (CY94A)
Lieutenant Colonel Central Selection  Board,  indicating  a  “Promote”
recommendation in Section IX, Overall Recommendation, be declared void
and removed from his records.

             b.  The  attached  PRF,  AF  Form   709,   prepared   for
consideration by the CY94A Lieutenant Colonel Central Selection Board,
indicating  a  “Definitely  Promote”  recommendation  in   Section IX,
Overall Recommendation, be inserted in his officer selection folder.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by a Special Selection Board for the CY94A
Central Lieutenant Colonel Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-00189 in Executive Session on 15 Jun 04, under the provisions  of
AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. James E. Short, Member
      Mr. Albert C. Ellett, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to  Docket  Number  BC-2004-
00189 was considered:

     Exhibit A.  DD Form 149, dated 3 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 1 Apr 04.
     Exhibit D.  Letter, AFPC/DPPPO, dated 27 Apr 04.
     Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.
     Exhibit F.  Letter, applicant, dated 24 May 04.



                                   JOHN L. ROBUCK
                                   Panel Chair



AFBCMR BC-2004-00189




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 , be corrected to show that:

            a.  The Promotion Recommendation Form (PRF), AF Form 709,
prepared for consideration by the Calendar Year 1994A (CY94A)
Lieutenant Colonel Central Selection Board, indicating a “Promote”
recommendation in Section IX, Overall Recommendation, be, and hereby
is, declared void and removed from his records.

            b.  The attached PRF, AF Form 709, prepared for
consideration by the CY94A Lieutenant Colonel Central Selection Board,
indicating a “Definitely Promote” recommendation in Section IX,
Overall Recommendation, be inserted in his officer selection folder.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
CY94A Central Lieutenant Colonel Selection Board.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachment:
AF Form 709