RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02902
            INDEX CODE:  131.00, 107.00
            COUNSEL:  Mr. Barry P. Steinberg

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Officer Selection Brief (OSB) prepared  for  the  Fiscal  Year  1993
(FY93) Reduction in Force (RIF) board be corrected to reflect that  his  Air
Force Specialty Code (AFSC) at the time was Q1555E.

2.  The date in Section VIII, Reviewer, of his  Officer  Performance  Report
(OPR) rendered for the period 17 Jul 91 through 16  Jul  92  be  changed  to
reflect 16 Jul 92, rather than 30 Oct 92.

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

This designation  would  demonstrate  to  the  Special  Board  that  he  was
progressing significantly in his Air Force career and had  been  tested  and
certified as a Standardization  or  Flight  Examiner  for  weapons  systems.
This  qualification  resulted  from  testing  administered  on  12  Jun  92.
Certification of his AFSC designation  was  accomplished  early  July  1992.
The designation was awarded prior to the convening of the board.

As demonstrated by the dates of execution of the OPR an effort was  made  to
have the report considered by the original RIF board.  Nonetheless, it  took
over three months for the reviewer's action.  Such an inordinate  delay  was
of significant  and  material  consequence  to  the  applicant  denying  the
benefit of a stellar evaluation that would have altered the  result  of  the
original board.  Comments contained reflect the qualities of  a  leader  and
an extraordinary competent young professional whose  career  was  terminated
as a result of untimely action with respect to the OPR.

In support of his request,  applicant  provided  his  counsel's  brief,  his
certificate of aircrew qualification, 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  24
Apr 86.  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 captain.  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 of the portion of  his  request  pertaining  to
his OPR.  DPPPO states although the OPR in question closed out prior to  the
convening of the RIF board, it was not  finalized  until  30  Oct  92.   The
board was in session from 20 Jul 92 through 30 Jul 92.  He has not  provided
any supporting documentation to show the intent of the  evaluators  to  have
the report on file prior to the convening of the RIF board.

DPPPO concurs that the DAFSC was an administrative  error  and  should  have
been updated prior to the board and action has been  taken  to  correct  his
record as requested.

The DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states the OPR was delayed through  no  fault  of  the  applicant's.
The original board was held after the  closing  date  of  the  OPR  but  the
report was held up for unexplained reasons for a protracted period  and  the
delay produced no change to the report.  Failure to allow its  consideration
makes no sense, offends no policy rationale and  denies  the  Special  Board
clearly relevant information.  The dates on the OPR  speaks  volumes  as  to
the intent of the two raters.  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 either an error or an injustice warranting favorable action  on
the applicant's request.  Since his request for a  correction  of  his  AFSC
has been corrected administratively, the only issue to  be  decided  is  the
appropriateness of a correction of his OPR closing 16 Jul 92  to  render  it
eligible for consideration by the 21 Sep 04 Special Board.   Counsel  argues
that as demonstrated, the dates of execution of the OPR (by  the  rater  and
additional rater) an effort was made to have the report  considered  by  the
original RIF board.  On the other hand, the Air Force recommends denial  and
argues that, although the OPR in question closed out prior to the  convening
of the RIF board, it was not finalized until 30 Oct 92, after the board  had
adjourned. We do not agree.  As noted by counsel, the rater  and  additional
rater took the additional steps to finalize their portion of the  report  on
it's closeout date and, even though the  reviewer  signed  the  report  over
forty days late, he concurred with the OPR as written.  Had he  nonconcurred
and changed the OPR, we may have reached a different conclusion.   There  is
no rational basis for the failure of the reviewer to finalize the  OPR  long
before the convening of the original RIF board.   Consequently,  we  believe
it's reasonable to assume that there was an oversight and/or the  exigencies
of the  service  precluded  the  reviewer  from  finalizing  the  report  in
sufficient time for it to have been a matter of record for the original  RIF
board.  Therefore, the benefit of  any  doubt  should  be  resolved  in  the
applicant's favor.  Accordingly, we recommend his records  be  corrected  to
the extent 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 Company Grade Officer Performance  Report  (OPR),  AF  Form  707B,
rendered for the period 17 July 1991 through 16 July 1992, be  amended  to
reflect in Section VIII, Reviewer, signed the  report  on  16  July  1992,
rather than 30 October 1992.

b.  The above corrected OPR was accepted for file in his  Officer  Selection
Record on 17 July 1992.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02902
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-2004-02902




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 Company Grade Officer Performance Report (OPR), AF
Form 707B, rendered for the period 17 July 1991 through 16 July 1992, be
amended to reflect in Section VIII, Reviewer, signed the report on 16 July
1992, rather than 30 October 1992.

            b.  The above corrected OPR was accepted for file in his
Officer Selection Record on 17 July 1992.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency