RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02037
            INDEX CODE:  111.01, 131.00
            COUNSEL:  Mr. David E. Wheeler

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) closing  18  Aug  02,  be  replaced
with a corrected OPR.

2.  He  be  promoted  to  the  grade  of  lieutenant  colonel;  or  in   the
alternative, he be considered for  promotion  to  the  grade  of  lieutenant
colonel by Special  Selection  Board  (SSB)  for  the  Calendar  Year  2002B
(CY02B) and CY03A Central Lieutenant Colonel Selection Boards.

3.  He receive all back pay and allowances.

4.  He be selected to attend Senior Service School (SSS) at  the  George  C.
Marshall Center, School of  International  Studies,  Garmisch-Partinkirchen,
Republic of Germany.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His rater prepared an OPR and forwarded it to  the  additional  rater  along
with a signed blank OPR.  The OPR was retyped using the  signed  blank  form
by the additional rater's staff and the rater's comments were altered.   The
alteration of the rater's comments left visible blank space  in  the  "Rater
Overall Assessment"  section  of  the  OPR.   This  blank  space  is  highly
derogatory and almost certainly guaranteed unfavorable consideration by  the
promotion selection board.  A statement provided by a board member  for  the
CY02B board reflects that leaving  blank  space  is  an  indication  to  the
selection board members that the officer's command does not favor  promotion
to the next higher grade; regardless of the laudatory comments contained  in
the OPR.  Letters have been provided by his  rater,  additional  rater,  and
reviewer  supporting  his  request  for  correction  of  his  OPR  and   SSB
consideration.   The  applicant  provided  details  of  his  accomplishments
during the period in question as well as his accomplishments throughout  his
military career and adds that it would be unfair to deny  his  promotion  to
lieutenant colonel because of an erroneous OPR that went  into  his  records
through no fault of his own.

In support of his  request,  applicant  provided  his  counsel's  brief  and
documentation pertaining to  his  Evaluation  Reports  Appeal  Board  (ERAB)
appeal.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  17
Dec 85 and was voluntarily ordered to extended active duty  on  17  Feb  89.
He was progressively promoted to the grade  of  major  having  assumed  that
grade effective and with a date of rank of 1 Jul 98.  He was considered  and
not selected for promotion to the grade of lieutenant colonel by  the  CY02B
and CY03A selection boards.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE  reviewed  applicant's  request  and  recommends  denial.   DPPPE
states it is not  clear  why  the  additional  evaluators,  who  are  senior
ranking officers and fully  aware  of  such  an  implication,  continued  to
process the contested  report,  knowingly,  with  the  blank  space  in  the
rater's comments.  The applicant was approaching his  in-the-promotion  zone
board and the contested report was the top report in his  selection  record.
The report was originally written and indorsed as intended.  Any OPR can  be
rewritten to be more hard-hitting.   In  the  reaccomplished  OPR  there  is
basically no new information, just a more eloquent narrative to fill up  the
blank space.  It appears the report is an attempt to  retroactively  enhance
his promotion potential.  The OPR was filed in his selection record  a  full
month prior to the selection  board  and  more  than  enough  time  for  the
applicant to review his records.  Contrary to his counsel's contention,  the
applicant did not act with due diligence in maintaining  reasonably  careful
records.  It  is  evident  the  applicant  is  not  motivated  by  purported
injustices in his OPRs, but by promotion nonselection.

AFPC/DPPPO recommends denial of  his  request  to  substitute  his  OPR  and
consequently  denial  of  direct  promotion  and  SSB  consideration.    The
DPPPE/DPPPO 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 12  Aug
04 for review and comments within 30 days.  As of  this  date,  this  office
has received no response.

_________________________________________________________________

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 warranting replacement of  the  contested
OPR with a reaccomplished OPR  and  SSB  consideration  for  promotion.   In
support of his request, the applicant  provided  evidence  from  his  rating
chain, which has led us to believe reasonable doubt exists as to whether  or
not the contested report, as written, accurately portrays  their  assessment
of his promotion potential.  Given the support received from the senior  Air
Force officials involved, and having no  plausible  reason  to  doubt  their
integrity in this matter, we believe the contested OPR  should  be  declared
void and replaced with a reaccomplished OPR and he should be considered  for
promotion to lieutenant colonel by SSB.  We have been  made  aware  that  if
selected for promotion by SSB, the applicant would  then  be  considered  by
SSB for SSS candidacy.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice that would warrant his direct  promotion  to
the grade of lieutenant colonel through the correction of  records  process.
After careful review of the evidence of record, we find  no  reason  why  an
SSB would be unable to  render  a  fair  and  equitable  determination.   We
believe that an SSB comprised of duly appointed officers with access to  the
appropriate competing records, applying the complete  whole  person  concept
criteria, would be in the best position to render  a  determination  of  his
suitability for promotion.  It is our opinion that direct promotion  through
the  correction  of  records  process  is  only  appropriate  in  the   most
extraordinary circumstances where SSB consideration has been deemed  totally
unworkable.  We have no such showing  here.   Therefore,  we  recommend  his
records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  2 January  2002  through  18
August 2002, be declared void and removed from his records and the  attached
OPR closing 18 August 2002, reflecting "Maj W--- is the epitome of  a  field
grade officer.  He surges to  top,  can  lead  under  tough  conditions"  in
Section VI, Line 1, be accepted for file in its place.
It is further recommended that he be considered for promotion to  the  grade
of lieutenant colonel by a Special Selection Board  for  the  Calendar  Year
2002B Central Lieutenant Colonel Selection Board and any  subsequent  boards
in which the above OPR was a matter of record. 

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02037 in Executive Session on 28 Sep 04, under the  provisions  of  AFI  36-
2603:
`
      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell III, Member

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

    Exhibit A.  DD Form 149, dated 17 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 5 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Aug 04.




                             CHARLENE M. BRADLEY
                                             Panel Chair
AFBCMR BC-2004-02037




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 2 January 2002 through
18 August 2002, be, and hereby is, declared void and removed from his
records and the attached OPR closing 18 August 2002, reflecting "APPLICANT
is the epitome of a field grade officer.  He surges to top, can lead under
tough conditions" in Section VI, Line 1, be, and hereby is, 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 Calendar
Year 2002B Central Lieutenant Colonel Selection Board and 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