ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03546
INDEX CODE: 112.00, 131.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests the Officer
Performance Report (OPR) rendered for the period 29 August 1992 through 28
August 1993, be declared void and replaced with a reaccomplished OPR.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
major.
Applicant was considered and not selected for promotion to the grade of
lieutenant colonel by the CY02B and CY03A (12 November 2002 and 8 July
2003) Lieutenant Colonel Central Selection Boards. Applicant’s Officer
Performance Reports (OPRs) from 1991 through 2003 reflect meets standards
on all performance factors.
The applicant’s request that the Officer Performance Report (OPR) rendered
for the period 29 August 1992 through 28 August 1993, be declared void and
replaced with a reaccomplished OPR was considered and denied by the Air
Force Board for Correction of Military Records (AFBCMR) on 25 March 2004,
see the Record of Proceedings at Exhibit G.
On 18 February 2005, the applicant submitted a request for reconsideration,
contending the 1993 OPR in question was erroneous as filed. To support
this assertion, the applicant provided a letter from Colonel B--- W---, who
states he was the applicant’s squadron commander during the period in
question. The applicant’s complete submission, with attachments, is at
Exhibit H.
________________________________________________________________
THE BOARD CONCLUDES THAT:
Having reviewed the applicant’s recent submission and the evidence
provided, the Board majority is not persuaded a revision of the earlier
decision in this case is warranted. The Board majority believes it is
significant the contested report was rendered approximately ten years
before the applicant’s initial request for its removal and nearly twelve
years before this request for reconsideration was submitted. We have
considered the applicant’s contentions, the statements by the rater and
reviewer of the contested report and the recently-submitted statement by an
officer who indicates he was the applicant’s squadron commander at that
time. The latter individual and the applicant now appear to contend the
applicant’s primary duty title was “Training Flight Instructor Radar
Navigator” during the period in question, rather than as an additional
duty, as originally indicated in the appeal. The Board majority notes
there is no support for this change by the officers charged with reporting
on and evaluating the applicant’s performance during the period covered by
the report. The Board majority agrees with the earlier Panel who reviewed
this application and is not convinced by the statements of the rater and
reviewer that their assessments of the applicant’s duty performance were
inaccurate at the time they were written. The only substantive issue
discussed by the cited evaluators in their statements, other than vague
references to other additional accomplishments, is the additional duties
the applicant performed as an instructor. In the Board majority’s
estimate, this does not render the original assessments of the applicant’s
performance inaccurate since the evaluators could have included all of the
information at that time. Generally, it has been our view that a report is
considered accurate unless it is shown that it is based on erroneous
information, or factors other than a member’s performance, or that there
was significant information not available at the time the report was
prepared that would have an impact on the evaluation. In the instant case,
the Board majority believes the evaluators’ wholesale accomplishment of the
report so long after the rating period is a well-intentioned after the fact
effort to enhance the applicant’s promotability -- an inappropriate basis
on which to favorably consider his request. Accordingly, the Board
majority affirms the earlier decision by the Board to deny the applicant’s
request for substitution of the contested report with a reaccomplished
report.
________________________________________________________________
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 this application in Executive
Session on 4 October 2005, under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Josephine L. Davis, Member
By a majority vote, the Board recommended denial of the application. Ms.
Jean A. Reynolds voted to correct the records but does not desire to submit
a Minority Report. The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 28 Apr 04, w/atchs.
Exhibit H. Applicant's Request for Reconsideration, w/atchs.
B. J. WHITE-OLSON
Panel Chair
AFBCMR BC-2003-03546
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: , AFBCMR Docket Number BC-2003-03546
I have carefully considered all the circumstances of this case and
do not agree with the majority decision of the panel that the applicant’s
request for replacement of his Officer Performance Report closing 28 August
1993 with a reaccomplished report should be denied.
In arriving at my decision, I note the applicant’s contentions, the
statements by the rater and reviewer of the contested report and the
recently submitted statement by an officer who indicates he was the
applicant’s squadron commander at that time. Having no basis to question
the integrity of these officials, the benefit of the doubt should be
resolved in favor of the applicant. Given the unanimous support from the
rating chain, I recommend that the original Officer Performance Report
(OPR) rendered for the period 29 August 1992 through 28 August 1993 be
declared void, and that the reaccomplished OPR be substituted for the
voided OPR. However, in the absence of support from the Management Level
Evaluation Board (MLEB) president, I reaffirm denying of the request for
substitution of the Promotion Recommendation Form (PRF).
Although not specifically requested by the applicant in his most
recent submission, in view of my approval of his request for substitution
of the contested report, in order to preclude any possibility of a
promotion injustice to the applicant, he should be afforded Special
Selection Board (SSB) considerations for promotion by all the appropriate
selection boards.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2003-03546
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, AF Form 707B,
rendered for the period 29 August 1992 through 28 August 1993, be, and
hereby is, declared void and removed from his records.
b. The attached reaccomplished Company Grade Officer Performance
Report, AF Form 707B, rendered for the period 29 August 1992 through 28
August 1993, be accepted for file in its proper sequence.
It is further directed that he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board for the Calendar
Year 2002B (CY02B) Central Lieutenant Colonel Selection Board, and for any
subsequent board for which the OPR closing 28 August 1993 was a matter of
record.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Attachment:
Reaccomplished OPR
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