RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01485
            INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXXX   COUNSEL:  Mr. Barry P. Steinberg

      XXXXXXXXXXXXX    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Air Force Commendation Medal (AFCM) for the period  29
November 1989 to 4 September 1992.

2.  An Officer Performance Report (OPR) or letter report  be  created  using
the  narrative  from  the  draft   AFCM   citation   and   draft   Promotion
Recommendation Form (PRF) provided with his application.

3.  The duty title entry, 51st AMU Heavy Lift OIC, effective  15 June  1992,
be added to his Officer Selection Briefs (OSB)  meeting  the  Special  Board
(SB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Making the requested corrections will provide him a fair opportunity at  the
promotion board.  Counsel states, in part, that applicant is a class  member
of a pending litigation in the United States Court of Federal Claims.  As  a
result of the settlement, applicant’s record  will  be  reconsidered  as  it
appeared  before  the  original  FY93  RIF  board.   Prior  to   applicant’s
consideration, his records should be  corrected  to  include  the  requested
corrections.

In support of his request, applicant  provides  a  personal  statement;  his
counsel's  statement;  and  copies   of   his   selection   for   separation
notification by the FY93 Officer Reduction-In-Force (RIF) Board,  decoration
recommendation elements for the AFCM, OPR notice, and his  P0392B  Promotion
Recommendation Form (PRF).  His complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a first lieutenant, Reserve of the Air Force  on
17 April 1991.  He has a Total Active Federal Military  Service  Date  of  2
May 1985 and a Total Active Federal  Commissioned  Service  Date  of  2  May
1989.  The applicant was considered and not selected for  retention  in  the
Air Force by the FY93 RIF board, which convened on 20 July 92.  Pursuant  to
the court ordered settlement agreement in the Berkley v. United States,  the
calendar year 2004 (CY04) Special  Board  (SB)  held  on  21 September  2004
overturned this action.  The applicant will now meet the CY05 SB on  17  May
2005 for promotion consideration to the grade of captain by the  P0392B  and
P0393C Central Selection Boards (CSBs).

The applicant was separated from active duty on 31 Dec  92  and  transferred
to the Air Reserve Personnel Center (ARPC)  Non-obligated,  Nonparticipating
Ready Reserve Section effective 1 January 1993.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends the Board approve the  applicant’s  request  to  award
him the AFCM for the period 29 November 1989 to 4 September  1992  based  on
their review of his application and supporting documentation.  In  addition,
DPPPO states they have taken action to add the duty title  entry,  51st  AMU
Heavy Lift OIC, effective 15 June 1992, to the applicant’s OSB.

DPPPO recommends denying the applicant’s request to create an  OPR.   It  is
DPPPO’s opinion that absent valid raters to sign a  created  OPR,  the  best
remedy would be for the applicant to write a letter to the  board  outlining
his accomplishments or any matters  of  record  believed  important  to  the
board’s consideration.

The DPPPO evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s  counsel  responded  that  by  recommending  the  Air  Force
Commendation Medal be awarded to the applicant for the  period  of  time  in
question, AFPC has acknowledged the injustice visited upon him as  a  result
of the  failure  of  his  chain  of  command  to  document  his  performance
properly.  That same logic should prevail to approve an entry of  evaluation
into his records for consideration by the SSBs that will consider him.   The
suggestion that he should obtain supporting  documents  in  support  of  his
request is ludicrous.  The events in question are over 14  years  old.   The
parties who could provide probative evidence in support of this request  are
the same as those who failed in  their  duties  to  prepare  the  originally
required records and  reports.   In  lieu  of  that,  the  advisory  opinion
suggests that  the  applicant  can  provide  a  letter  to  the  SSB.   That
suggestion ignores the fundamental difference between self-adulation  and  a
third party objective  evaluation  contained  in  official  files.   If  the
Correction Board is unwilling to direct the preparation of an  OPR  for  the
period in question, he provides comments to be entered in  Section  III,  of
an AF Form 77 for the period.  This approach is both fair and  accurate  and
will provide the applicant the opportunity to be evaluated  by  a  board  of
officers more fully informed as  to  his  performance  and  potential.   The
Counsel’s rebuttal is at Exhibit D.

_________________________________________________________________

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.   We  will  only  address  the  applicant’s
request for the AFCM for the period 29 November 1989  to  4  September  1992
and an OPR/AF Form 77 for the period 27  September  1991  through  2  August
1992, as we note the Air Force has already taken action to  administratively
correct the requested duty title of 51st AMU Heavy Lift  OIC,  effective  15
June 1992.  After reviewing the  evidence  of  record  and  the  applicant’s
submission, we concur with the recommendation  of  the  Air  Force  advisory
that he be awarded the AFCM for the period 29 November 1989 to  4  September
1992.  It is our opinion his commander intended to award the  applicant  the
AFCM; however, processing of the award was  not  completed  because  of  the
applicant’s nonselection for retention at the FY  93  RIF  board.   We  also
agree that the applicant is entitled to an OPR for the  period  27 September
1991 through 2 August 1992 which  was  not  rendered  for  the  same  reason
above; however, since the appropriate parties are  no  longer  available  to
complete the required report, we recommend the completion of an AF  Form  77
using the verbiage and corresponding senior rater signature block  from  the
applicant’s  PRF  prepared  for  considered  by  the  P0392A  Captain   CSB.
Accordingly, we recommend his records be corrected to the  extent  indicated
below.

4.  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:

    a.  As an exception to policy, an  AF  Form  77,  Letter  of  Evaluation
(LOE), covering the period  27 September  1991  through  2 August  1992,  be
prepared and filed in its proper sequence in his  Officer  Selection  Record
(OSR) to be considered by the CY 2005 Special Board for promotion by the  CY
1992B and CY 1993C  Central  Captain  Selection  Boards;  and,  the  LOE  be
corrected as follows:

    b.  In Section IV, Comments/Impact on Mission Accomplishment,  insert  a
verbatim rendition of  the  comments  contained  in  Section  IV,  Promotion
Recommendation, of his AF Form 709, Promotion Recommendation Form,  prepared
for consideration by the CY 1992B  Central  Captain  Selection  Board;  and,
Section V, Rater Identification Data, be  completed  using  the  information
contained in Section X, Senior Rater, (without signature)  of  the  AF  Form
709, Promotion Recommendation Form, prepared for  consideration  by  the  CY
1992B Central Captain Selection Board.

    c.  He was awarded the Air Force  Commendation  Medal,  for  meritorious
service during the period 29 November 1989 to 4 September 1992.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 May 2005, under the provisions of AFI 36-2603:

            Mr. Charles E. Bennett, Panel Chair
            Ms. Martha J. Evans, Member
            Mr. Christopher D. Carey, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-01485 was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 3 May 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 May 05.
    Exhibit D.  Counsel’s Rebuttal, dated 5 May 05.




                                   CHARLES E. BENNETT
                                   Panel Chair



AFBCMR BC-2005-01485




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 XXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:

           a.  As an  exception  to  policy,  an  AF  Form  77,  Letter  of
Evaluation (LOE), covering the period  27 September  1991  through  2 August
1992, be prepared and filed in its proper sequence in his Officer  Selection
Record (OSR) to be considered by the CY 2005 Special Board for promotion  by
the CY 1992B and CY 1993C Central Captain Selection Boards; and, the LOE  be
corrected as follows:

           b.  In Section IV, Comments/Impact on Mission Accomplishment,
insert a verbatim rendition of the comments contained in Section IV,
Promotion Recommendation, of his AF Form 709, Promotion Recommendation
Form, prepared for consideration by the CY 1992B Central Captain Selection
Board; and, Section V, Rater Identification Data, be completed using the
information contained in Section X, Senior Rater, (without signature) of
the AF Form 709, Promotion Recommendation Form, prepared for consideration
by the CY 1992B Central Captain Selection Board.

           c.  He was awarded the Air Force Commendation Medal, for
meritorious service during the period 29 November 1989 to 4 September 1992.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency