RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00322
            INDEX CODES:  111.02, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 16 Mar 01
through 15 Mar 02 be voided and replaced with a reaccomplished OPR.

He  be  provided  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of colonel by the Calendar Year  2002B  (CY02B)
Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report is an unjust portrayal  of  his  performance  and
raters’  assessments.   His  raters’  assessments  conveyed   negative
messages and erroneously downplayed his performance,  which  were  not
their intent.  In their attempt  to  paint  a  consistent  number  one
rating   of   his   performance,   they   unintentionally   left   the
stratification adversely vague.  His raters have prepared a new report
to remove these unintentional injustices.   The  corrected  report  is
consistent with the  strong  stratification  he  received  during  the
rating period.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, supportive  statements  from  his  raters,  copies  of  the
contested and reaccomplished  reports,  his  Promotion  Recommendation
Form (PRF) prepared for the CY01B  Colonel  Board,  and  documentation
pertaining to his Meritorious Service Medal  (MSM),  Second  Oak  Leaf
Cluster (2OLC).

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
lieutenant colonel, having been promoted to that  grade  on  1 Aug 98.
His Total Active Federal Military Service Date (TAFMSD) is 10 Feb 82.

Applicant's OPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

       8 Sep 92              Meets Standards
      13 May 93              Meets Standards
      31 Mar 94              Meets Standards
      31 Mar 95              Meets Standards
      31 Mar 96              Meets Standards
      15 Mar 97              Meets Standards
      15 Mar 98              Meets Standards
      15 Mar 99              Meets Standards
      15 Mar 00              Meets Standards
      15 Mar 01              Meets Standards
  *#  15 Mar 02              Meets Standards
  ## 31 Dec 02               Meets Standards

* Contested Report.

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel by the CY02B Colonel Board.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel by the CY03B Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial indicating that it is Air  Force  policy
that an evaluation is accurate as written when it becomes a matter  of
record.  A simple willingness to upgrade, rewrite, or void a report is
not considered a valid basis for doing so.  The applicant  must  prove
the report is erroneous or unjust based on its content.  In this case,
the applicant has simply submitted a report where a few of the bullets
contain the same known information, but have  been  merely  rephrased.
It appears he is playing a “guessing game” of what the promotion board
is looking for in an effort to get a second opportunity at  promotion.
In AFPC/DPPPE’s view, there did not appear to have been anything wrong
with the report until the applicant’s nonselection for promotion.

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

AFPC/DPPPO indicated that based on  the  evidence  provided,  and  the
recommendation of AFPC/DPPPE, they also recommend denial.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated 28 Apr 04, the applicant provided a response  to  the
advisory opinions, reiterating the contested report is  erroneous  and
unjust.  He indicated that in the assessment of his raters, the report
contains flaws because it does not accurately portray their intent  to
document a higher, substantive performance standard  and  a  stronger,
clearer recommendation for  future  operational  command  assignments.
According  to  the  applicant,  there   are   three   very   important
clarifications in the rewritten OPR to correct the unintentional flaws
and errors of omission.  The new wording  is  substantially  different
than the original in the rater’s and senior rater’s intended  message.
Their desired effect is to set  the  record  straight  and  for  their
assessments to be completely clear.

Applicant’s complete response, with attachment, 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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  the  majority  of  the  Board  does  not  find  the
applicant’s assertions or the documentation submitted  in  support  of
his appeal, including the statements from  his  rater  and  additional
rater, sufficiently persuasive to override the rationale  provided  by
AFPC/DPPPE.  It is the majority’s opinion that the statements from the
rater and additional rater represent their retrospective judgments  of
the applicant’s performance which, in their view, do  not  provide  an
appropriate  basis  to  find  the  contested  OPR  was  an  inaccurate
depiction of the applicant’s performance at the time it was  prepared.
In view of the above, and in the absence of sufficient evidence to the
contrary, the majority agrees with the  recommendation  of  AFPC/DPPPE
and adopt their rationale as the basis for  their  decision  that  the
applicant has failed to sustain his  burden  of  establishing  he  has
suffered either an error or an injustice.  Accordingly,  the  majority
of the Board finds no  compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-00322 in Executive Session on 18 May 04, under the provisions  of
AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Carolyn B. Willis, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Ms. Romine voted to grant the appeal but did not desire  to  submit  a
minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 11 Mar 04.
     Exhibit D.  Letter, AFPC/DPPPO, dated 2 Apr 04.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Apr 04.
     Exhibit F.  Letter, applicant, dated 28 Apr 04, w/atch.




                                   BRENDA L. ROMINE
                                   Panel Chair





MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB
SUBJECT:    AFBCMR Application of

      I have carefully considered the rationale of the Board majority;
however, I agree with the minority member that the applicant’s request that
his Officer Performance Report (OPR) rendered for the period 16 March 2001
through 15 March 2002 be voided and he be provided promotion consideration
by a Special Selection Board (SSB) should be favorably considered.

      The applicant contends the contested OPR was an unjust portrayal of
his performance in that his raters’ assessments inadvertently conveyed
negative messages and erroneously downplayed his performance.  I note his
assertion is strongly supported by both the rater and additional rater of
the report.  They indicated the OPR unintentionally contained vague and
ambiguous comments that may have painted the wrong picture of their
assessments of the applicant’s performance, and they believe the report
should be voided and replaced with a reaccomplished OPR.

      The aforementioned statements from the rater and additional rater lead
me to believe the contested OPR may not have been an accurate depiction of
the applicant’s performance at the time it was rendered.  Therefore, having
no basis to question the integrity of these individuals, I believe any
doubt should be resolved in favor of the applicant.  Accordingly, I direct
the OPR rendered for the period 16 March 2001 through 15 March 2002 be
voided and the applicant’s corrected record be considered for promotion to
the grade of colonel by an SSB for the Calendar Year 2002B (CY02B) Colonel
Central Selection Board.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency






AFBCMR BC-2004-00322




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 Field Grade Officer Performance Report (OPR),
AF Form 707A, rendered for the period 16 Mar 01 through 15 Mar 02 be,
and hereby is, declared void and removed from his records.

            b.  The attached OPR, AF Form 707A, rendered for the
period 16 Mar 01 through 15 Mar 02, which reflects in Section VI,
Rater Overall Assessment, “#2 of 16 Lt Cols--very close to #1...” be
inserted in his officer selection folder.

      It is further directed that he be considered for promotion to
the grade of colonel by a Special Selection Board for the Calendar
Year 2002B (CY02B) Colonel Central Selection Board and for any
subsequent boards for which the OPR closing 15 Mar 02 was a matter of
record.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
AF Form 707A