RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02900
            INDEX CODE:  131.00, 107.00
            COUNSEL:  Mr. Barry P. Steinberg

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) rendered for the  period  4 Jun  91
through 3 Apr 92 be amended in Section  VI,  Rater  Overall  Assessment,  to
include the comment  "Augment  into  the  Regular  Air  Force  and  send  to
Squadron Officer School."

2.  His Officer Selection Records (OSR) prepared for the 21 Sep  04  Special
Board be corrected to include the above corrected OPR.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The matter was addressed by the rater in a letter prepared in support  of  a
prior application to the  AFBCMR.   The  Board  took  favorable  action  and
directed inclusion of the letter in the applicant's records.   That  assured
any reconsideration of the Reduction in Force (RIF) board would  assess  the
corrected information.  The rater's letter is dated after the  date  of  the
original board and use of that letter, given its date and quality  of  print
would suggest to  a  Special  Board  member  that  his  records  are  not  a
benchmark.  Failure to make the required correction to the OPR will deny  an
important and relevant comment on the applicant's potential.

In support of his request,  applicant  provided  his  counsel's  brief,  his
rater's letter,  and  his  OSR  contents.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant Reserve of the Air  Force  on  4
May 89.  He was considered and not selected for retention in the  Air  Force
by the FY93 RIF board, which convened on 20 Jul 92.  He was  separated  from
active duty on 31 Dec  92.   He  is  currently  serving  in  the  Air  Force
Reserves in the grade of major.  Pursuant to the  court  ordered  settlement
in the Berkley v. United States case he is being reconsidered for  retention
by the Calendar Year 2004 Special Board on 21 Sep 04.

Applicant's complete OPR profile prior to the RIF  board  reflected  overall
assessments of "Meets Standards."

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states in accordance with AFI  36-2401,
Correcting  Officer  and  Enlisted  Evaluation  Reports,  a  report  is  not
erroneous or unfair because the applicant  believes  it  may  impact  future
career opportunities.  Requests to add optional statements to an  evaluation
report will normally not form the basis for a successful appeal.   As  these
statements are not mandatory for inclusion, their  omission  does  not  make
the report inaccurate.  A simple willingness  by  evaluators  to  rewrite  a
report is not a valid basis for doing so.  It must be proven the  report  is
erroneous or unjust.

The DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states that a review of prior actions of  the  Board  pertaining  to
the applicant will demonstrate this correction was previously made  but  not
reflected in the records.  Even if it were not so, the  correction  is  fair
and proper, particularly for an officer whose record includes a majority  of
time in training.  With few reports, the accuracy and completeness  of  each
one takes on increased importance.

His complete response is at Exhibit E.

_________________________________________________________________

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 that would warrant corrective  action.   The
applicant requests his OPR closing on 3 Apr 92 be  amended  by  including  a
recommendation for  augmentation  and  PME  in  his  rater's  comments.   In
support of his request he provided a letter submitted  by  his  rater  along
with a previous application to the Board in which the  rater  indicated  the
omission of such recommendations were the result  of  an  oversight  on  his
part.  Having no reason to question his rater's integrity in this matter  we
believe the benefit of any doubt with  respect  to  this  matter  should  be
resolved in his favor.

4.  The applicant also contends that the Letters of Mitigation attached  the
previously mentioned OPR are dated subsequent to the original RIF board  and
as such  would  reveal  to  the  board  members  considering  the  applicant
supplementally for retention that his record is not  the  benchmark  record,
placing him at an unfair advantage.  We agree, and therefore recommend  that
the Letters of Mitigation  be  corrected  to  reflect  dates  prior  to  the
convening of the original board.  In view of the  above,  we  recommend  his
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:

a.  The Officer Performance Report (OPR), AF Form 707B, rendered  for  the
period 4 June 1991 through 3 April 1992, be amended in Section  VI,  Rater
Overall Assessment to include the comment "Augment into  the  Regular  Air
Force and send to Squadron Officer School."

b.  The Letter of Mitigation prepared by Major D--- P---,  attached  to  the
OPR  closing  3  April  1992,  was  signed  on  10 May  1992,  rather   than
18 November 1992.

c.  The Letter of Mitigation prepared by Lt Col P--- S---, attached  to  the
OPR closing 3 April 1992, was signed on 10 May 1992, rather than 26  October
1992.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02900
in Executive Session on 20 Sep 04, under the provisions of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Edward H. Parker, Member
      Mr. Christopher D. Carey, Member

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

    Exhibit A.  DD Form 149, dated 3 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 13 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 04.
    Exhibit E.  Letter, Counsel, dated 15 Sep 04.



                             CHARLES E. BENNETT
                                             Panel Chair
AFBCMR BC-2004-02900




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:

            a.  The Officer Performance Report (OPR), AF Form 707B,
rendered for the period 4 June 1991 through 3 April 1992, be amended in
Section VI, Rater Overall Assessment to include the comment "Augment into
the Regular Air Force and send to Squadron Officer School."

      b.  The Letter of Mitigation prepared by Major D--- P---, attached to
the OPR closing 3 April 1992, was signed on 10 May 1992, rather than
18 November 1992.

      c.  The Letter of Mitigation prepared by Lieutenant Colonel P--- S---
, attached to the OPR closing 3 April 1992, was signed on 10 May 1992,
rather than 26 October 1992.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency