RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02006
            INDEX CODE:  111.05

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance report (OPR) ending 9 April 2001, be  replaced
with a new OPR and Special Selection Board (SSB) consideration by  the
CY02 (12 Nov 02) (P0502B) Lieutenant Colonel Central  Selection  Board
(CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

A comment made by his rater on his OPR ending  9  April  2001,  was  a
negative comment that neither he nor his rater understood at the  time
to be derogatory.  Subsequent contact with an HQ Air  Force  Personnel
Center (AFPC) counselor on 4 March 2003 yielded that AFPC believed the
comment “continue to challenge” to be sending a negative message.   As
his rater did not intend to send a negative message,  a  new  OPR  has
been signed by his chain of  command  and  is  ready  to  replace  the
original OPR.

In support of his appeal, the applicant has  provided  copies  of  his
Evaluation Reports Appeal Board (ERAB) application  and  results,  the
OPR in question, two statements of support from his rating chain,  the
proposed  substitute  OPR,  and  several  slides  from  a   PowerPoint
presentation that support his claim

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant received an OPR for the period 10 April 2000 to 9 April 2001
wherein his rater  used  the  term  “continue  to  challenge”  in  his
assessment of the applicant.   He  met  the  CY02  Lieutenant  Colonel
Central  Selection  Board  and  was  not  selected  for  promotion  to
lieutenant  colonel.   On  8  December  2003   and   12 January   2004
respectively, his rater and additional rater both provided  statements
wherein they affirm that they had no intention of writing an OPR  with
a declaration that would send a  negative  message  to  the  promotion
Board.  They both signed the new substitute OPR.  In  April  2004,  he
submitted an appeal to the ERAB to have the  subject  OPR  substituted
with the OPR minus the “continue to challenge”  statement.   The  ERAB
denied the request on 10 May 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  recommends  denial.   DPPPE  states  that  the   statement
“continue to challenge” alone would not influence  his  non-selection.
Even though he may have  been  briefed  by  AFPC  personnel  that  the
statement carried a negative message and could have contributed to his
non-selection, the statement is only one potential  reason  and,  more
significantly, only the opinion of the  counselor.   Promotion  boards
evaluate the entire officer selection record  assessing  whole  person
factors such as job performance,  professional  qualities,  depth  and
breadth of  experience,  leadership,  and  academic  and  professional
military education.  The selection board had his entire record  before
them that clearly outlined his accomplishments since the date he began
active duty.  Simply providing a memorandum from the evaluators and  a
substitute report stating they were unaware  their  comment  would  be
perceived negatively is not enough evidence the report  is  erroneous.
Any report could  be  rewritten  to  be  harder  hitting,  to  provide
embellishment, or enhance the applicant’s promotion potential.   DPPPE
notes Air Force policy, is that an evaluation report  is  accurate  as
written when it becomes a matter of record.

DPPPE’s complete evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 July 2004 for review and comment 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 error or injustice.  It is clear to us  that  his  rating
chain had no intention of writing an OPR that could  be  construed  as
containing negative statements about the applicant’s performance.  The
evidence he provided along with the rating chain’s intent  to  correct
what they believed to be an error by signing a new OPR persuaded us to
recommend the records 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   the   Officer
Performance Report(OPR),AF Form 707A,rendered for the period 10  April
2000 through 9 April 2001,  be,  and  hereby  is,  declared  void  and
removed from his records and the attached OPR, rendered for the period
10 April 2000 through 9 April 2001, relecting  in  Section  VI,  Rater
Overall Assessment, last sentence “Ken--- then  squadron  command”  be
filed in his records in its proper sequence.

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


______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 October 2004, under the provisions of AFI  36-
2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. Carolyn B. Willis, Member

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

    Exhibit A.  DD Form 149, dated 26 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 26 Jul 04
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
    Exhibit E.  Letter, Applicant, dated 20 Aug 04.




                                   MARTHA J. EVANS
                                   Panel Chair




                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-02006




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 the Officer
Performance Report(OPR),AF Form 707A, rendered for the period 10 April
2000 through 9 April 2001, be, and hereby is, declared void and
removed from his records and the attached OPR, rendered for the period
10 April 2000 through 9 April 2001, reflecting in Section VI, Rater
Overall Assessment, last sentence “Ken------ then squadron command” be
filed in his records in its proper sequence.

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










     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency




Attachment:
OPR closing 9 April 2001