RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00088
                              (Case 2)
            INDEX CODE:  111.00, 131.01, 134.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  9 JULY 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Promotion Recommendation  Forms  (PRFs)  for  the  V0503B  and
V0504B Lieutenant Colonel (LtCol) Selection Boards  be  declared  void
and removed from his records.

2.  His Officer Performance Report (OPR), rendered for the  period  11
February 2002 through 10 February 2003, be declared void  and  removed
from his records.

3.  Any  reference  to  Letters  of  Counseling  (LOCs),  Letters   of
Admonishment (LOAs) or Unfavorable Information File (UIF) be  declared
void and removed from his records.

4.  He be considered for promotion to the grade of LtCol by a  Special
Selection Board (SSB) for the V0503B LtCol Selection Board.

EXAMINER’S NOTE:  The V0504B PRF  has  been  administratively  removed
from the applicant’s records and he met an SSB on 7 March  2005,  with
his corrected record.  Hence, no Board  action  is  required  on  this
portion of the applicant’s request.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His most recent request supplements a previous AFBCMR records  review.
Both the PRFs and the  OPR  are  a  continuation  of  the  pattern  of
inappropriate  counselings,  admonishment  and   performance   reviews
already identified and ordered destroyed by the AFBCMR.  The  OPR  and
second PRF (V0504B) did not exist when  he  originally  submitted  his
request to the Board in 2003.  The first PRF (V0503B) was not  deleted
by HQ Air Reserve Personnel Center staff despite the Board’s direction
to “all references” to specific counselings be removed.

In support of his request, applicant  submits  a  personal  statement,
copies of the  contested  PRFs  and  OPRs,  and  additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information maintained in the Military Personnel Data System  (MilPDS)
reveals  the  applicant’s  Total  Federal  Commissioned  Service  Date
(TFCSD) as 18 May 1982.  He was progressively promoted to the grade of
major, Reserve of the Air Force, with an effective date  and  date  of
rank of 18 May 1996.

During the periods under review, the applicant, a participating member
in the Air Force Reserve, was serving as  an  Individual  Mobilization
Augmentee (IMA), assigned to the  Joint  Intelligence  Center  Pacific
(JICPAC), AFELM Reserve Production Center (RPC).

On 1 April 2004, the  AFBCMR  considered  and,  by  a  majority  vote,
recommended approval of applicant's request for removal  of  the  OPR,
closing 10 February 2002, LOCs, LOA, UIF, and all references  thereto,
from his records and SSB consideration, with his corrected record.  On
10 June 2004, the Deputy for Air  Force  Review  Boards  directed  the
aforementioned corrections and  SSB  consideration.   A  copy  of  the
Record of  Proceedings  (ROP),  Docket  Number  BC-2003-02044,  is  at
Exhibit B.

The following is a resume of the applicant’s OPR ratings subsequent to
his promotion to the grade of major.

            Period Ending    Evaluation

               10 Aug 96     Meets Standards (MS)
               10 Aug 98          MS
               10 Feb 00          MS
               10 Feb 01          MS
             # 10 Feb 02     Removed by AFBCMR Action-Jun 04
             * 10 Feb 03     Does Not Meet Standards

*  Contested Referral OPR

#Top report (referral) at the time he was considered  and  nonselected
for promotion to the grade of LtCol by  the  FY03  (V0503B)  Line  and
Health Professions LtCol Selection Board, which  convened  on  24 June
2002.

Information extracted from HQ ARPC/DPB’s advisory opinion reveals  the
applicant was considered and nonselected for promotion to the grade of
LtCol by an SSB for the FY03 (V0503B) LtCol selection board  with  the
contested V0503B PRF, which convened on 9 August 2004.

# Top report (referral) at the time he was considered and  nonselected
for promotion to the grade of  LtCol  by  the  FY04  Line  and  Health
Professions LtCol Selection Board, which convened  on  23  June  2003.
[Examiner’s Note:  At the time the FY04 selection board convened,  the
10 Feb 02 OPR had not been removed from his records.]

The applicant was administratively granted SSB consideration  for  the
FY04 (V0504B) LtCol Selection Board, which convened on  7 March  2005,
with removal of the V0504B PRF and OPR closing 10 February  2002  from
his selection record.  [Examiner’s Note:  As of  this  date,  the  SSB
results have not been released.]

Information extracted  from  MilPDS  reveals  on  1  April  2004,  the
applicant was relieved from his  assignment  and  transferred  to  the
Retired Reserve Section (Awaiting Pay) in the grade of major.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends denial of removal of the February 2003 OPR  and
V0503B PRF.  DPB states the applicant has not  provided  documentation
from his rating chain supporting his request for removal  of  the  OPR
and PRF.  DPB  indicates  the  applicant  previously  applied  to  the
Evaluation Report Appeal Board (ERAB) for removal of the  V0503B  PRF.
The ERAB returned the PRF portion of the  application  without  action
because the senior rater and/or Management  Level  president  did  not
provide support.  DPB states the “first”  10  February  2003  OPR  the
applicant provides is not a matter of  debate--the  report  plain  and
simply is not closed out, was never submitted and  was  never  made  a
part of the applicant’s record--is legally considered only a  “draft.”
DPB is unsure of what the applicant means by “successful rebuttal” for
the February 2003 OPR.

As to the Board’s  previous  decision,  DPB  indicates  that  HQ  ARPC
complied (all available references to the LOC, LOA, UIF  and  the  OPR
were removed from the applicant’s record), and awarded SSB in lieu  of
the FY03 and FY04 Line and Health Professions LtCol Selection  Boards.
The first SSB (in lieu of the FY03 board) was held on  9  August  2004
and the applicant was nonselected for promotion.  The V0503B PRF  does
not mention the LOC, LOA, UIF or February 2002 OPR.  The applicant did
provide a letter to the board asking that the special selection  board
set aside the senior rater’s recommendation on the PRF for the V05003B
selection board.  The V0504B PRF does contain a reference to the  UIF.
The Directive  indicating  removal  of  all  UIF  reference  from  the
applicant’s record, dated 10 June 2003 and received on  8  July  2003,
was  received  after  the  FY04  Line  and  Health  Professions  LtCol
Selection Board adjourned (27 June 2003).   Therefore,  the  applicant
has been granted SSB consideration  in  lieu  of  the  FY04  selection
board, which was  scheduled  for  the  week  of  7  March  2005.   DPB
indicates that the V0504B PRF and the OPR, closing February 2002, will
not be available to the SSB.

DPB states the applicant  never  obtained  additional  information  to
rebut or refute the ERAB decision, nor did he  obtain  any  additional
information to substantiate his case.   The  HQ  ARPC/DPB  evaluation,
with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicated  that  the
V0503B PRF should be destroyed for two reasons:  it does not meet  the
standards set down in AFI 36-2406, but more importantly, the statement
“Member was formally and informally counseled  on  numerous  occasions
for behavioral problems” is false.  He  submits  that  the  burden  of
proof is on his chain of  command.   The  AFBCMR  directed  that  “all
references” to the counseling be deleted from his official records and
this PRF should have been included.  HQ ARPC has  taken  the  position
that the PRF should be retained because it was “assumed” true in  June
2002.  The AFBCMR determined otherwise in June 2004.  He requests  the
V0503B PRF be removed from his official file and that  his  record  be
submitted to an SSB for promotion  consideration.   The  OPR,  closing
10 February 2003, was being written and rewritten during the same time
the AFBCMR was investigating his first case  (Docket  Number  BC-2003-
02044).  The Board has not previously reviewed this OPR, but has ruled
the LOA, written during the report year, be deleted from his file  and
all references to it deleted as well.  The OPR includes the same false
accusations as the LOA and he believes  the  OPR  should  likewise  be
deleted.  He rebutted the 2003 OPR twice (23 June  2003  and  23  July
2003), pointing out errors and false statements both times.  After his
second rebuttal, more changes were made, but in violation of  AFI  36-
2406, the OPR was not referred back to him (third time).  Technically,
the OPR which ARPC has entered into his  official  file  is  itself  a
draft since it was not properly referred.   The  2003  OPR  should  be
removed from his record.  It took  until  March  2004  for  JICPAC  to
supply the attachments and justification for the lack of dates on  the
referral letters.  The OPR was accepted into his official  records  13
months after the closeout date  and  less  than  a  month  before  his
retirement.  The AFBCMR completed its review of the  2002  OPR,  LOCs,
LOA and UIF in June 2004, ruling that all those documents  be  deleted
from official files, as well as any references to them.  Even with two
major revisions, the 2003 OPR in file still contains false statements.
 The main point, however, is that the accusations, the same as in  the
29 July 2002 LOA, have already been disproved.  He requests  the  2003
OPR be removed from his official file and any references  to  it,  and
that his folder be submitted for SSB consideration.

The applicant’s complete submission, with attachments, 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.   After  carefully  and  thoroughly
reviewing the applicant’s submission,  the  evidence  of  record,  and
prior corrective action by the Board,  we  believe  the  applicant  is
entitled to further corrective  action.   We  observed  that  previous
actions by the Board directed the removal of  specific  documents  and
any and all  references  to  the  documents  from  his  records,  with
promotion consideration by a special selection board.  We note that HQ
ARPC complied with the Board’s decision and the applicant was  awarded
SSB in lieu of the FY03 (V0503B) and FY04  (V0504B)  Line  and  Health
Professions Lieutenant Colonel Selection Boards.  However,  since  the
Directive was received subsequent to the V0504B selection  board,  the
applicant was again granted SSB consideration by  the  FY04  Line  and
Health Professions Lieutenant Colonel Selection Board.   With  respect
to the V0503B PRF and Referral OPR, closing 10 February 2003, we  note
the  contents  of  these  documents  contain  similar  statements   of
inappropriate counselings, admonishment and performance  reviews  that
were in the now voided documents.   Additionally,  we  are  aware  the
courts have held that military correction boards have an abiding moral
sanction to determine what constitutes an error or an injustice and to
take steps to grant full and fitting relief.  In  the  spirit  of  the
previous Board’s recommendation, we believe the  V0503B  PRF  and  the
OPR, closing 10 February 2003, should be removed from the  applicant’s
records and he be afforded promotion consideration by an SSB.   It  is
our opinion that this additional relief provides  the  applicant  with
full and fitting relief.  In view of the foregoing, we  recommend  the
applicant’s 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 Promotion Recommendation Form (PRF), prepared for use by
the Fiscal Year 2003B (V0503B)  Air  Force  Reserve  Line  and  Health
Professions Lieutenant Colonel Selection Board, be declared  void  and
removed from his records.

      b.  The Field Grade Officer Performance Report,  AF  Form  707A,
rendered for the period 11 February 2002 through 10 February 2003, and
all referral documents attached thereto, be declared void and  removed
from his records.

It is further recommended that he be considered for promotion  to  the
grade of lieutenant colonel by  a  Special  Selection  Board  for  the
Fiscal  Year  2003  (V0503B)  Air  Force  Reserve  Line   and   Health
Professions Lieutenant Colonel  Selection  Board  and  any  subsequent
boards for which the OPR closing 10 February  2003  was  a  matter  of
record.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May and 9 June 2005, under the  provisions  of
AFI 36-2603:

                  Mr. Joseph G. Diamond, Panel Chair
                  Mr. Charles E. Bennett, Member
              Mr. Michael J. Maglio, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-00088.

   Exhibit A.  DD Form 149, dated 22 Dec 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 25 Feb 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.
   Exhibit E.  Letter from Applicant, dated 9 Mar 05, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair



AFBCMR BC-2005-00088




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 Promotion Recommendation Form (PRF), prepared for
use by the Fiscal Year 2003B (V0503B) Air Force Reserve Line and
Health Professions Lieutenant Colonel Selection Board, be, and hereby
is, declared void and removed from his records.

            b.  The Field Grade Officer Performance Report, AF Form
707A, rendered for the period 11 February 2002 through 10 February
2003, and all referral documents attached thereto, be, and hereby are,
declared void and removed from his records.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by a Special Selection Board for the
Fiscal Year 2003 (V0503B) Air Force Reserve Line and Health
Professions Lieutenant Colonel Selection Board and any subsequent
boards for which the OPR closing 10 February 2003 was a matter of
record.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency