RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01997
            INDEX CODES:  111.02, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 2 Apr  04
through 31 Aug 04 be declared void and removed from his  records,  and
the attached reaccomplished OPR be accepted for file in its place.

He  be  provided  Special  Selection  Board  (SSB)  consideration  for
promotion to the grade of colonel by the Calendar Year  2004A  (CY04A)
Colonel Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested OPR was a change of reporting official (CRO) report that
was required as a result of the  permanent  change  of  station  (PCS)
assignment of his rater.  Prior to his departure, the  rater  provided
his senior rater an AETC Form 516 (OPR/PRF Routing Transmittal)  which
had his endorsement comments and a request for  stratification  to  be
included in the Additional Rater section of the OPR.  Whether  through
administrative oversight or as a result of personnel  changes  in  the
Safety Directorate, his senior rater did not see  the  AETC  Form  516
submitted by his rater.  Had he seen this form, he would have included
a stratification comment  similar  to  the  one  he  included  in  his
previous OPR.  The lack of  this  stratification  statement  gave  the
false impression the daily performance of his duties as  well  as  his
potential as an officer significantly dropped off in the  five  months
since the closing of his previous OPR.  In his opinion,  the  omission
of this rating by his senior rater  adversely  impacted  his  official
record, significantly reducing his chances for a fair opportunity  for
promotion.

In support of  his  appeal,  the  applicant  provided  copies  of  the
contested and reaccomplished reports, AETC Form  516,  and  supportive
statements, including a statement from his rater and senior rater.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
lieutenant colonel, with a date of rank (DOR) of 1 Oct 99.  His  Total
Active Federal Military Service Date (TAFMSD) and Total Active Federal
Commissioned Service Date (TAFMSD) is 1 Jun 83.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1996
follows:

      PERIOD ENDING    EVALUATION

      31 May 96  Meets Standards
      31 May 97  Meets Standards
      31 May 98  Meets Standards
      31 May 99  Meets Standards
      31 May 00  Meets Standards
      10 Jun 01  Meets Standards
      10 Jun 02  Meets Standards
       1 Apr 03  Meets Standards
       1 Apr 04  Meets Standards
*#    31 Aug 04  Meets Standards

* Contested Report.

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel by the CY04A Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommended denial noting  that  the  governing  instruction
states that requests based solely  on  willingness  by  evaluators  to
change  reports  after  a  nonselection  for  promotion  will  not  be
favorably considered unless proven the report was erroneous or  unjust
based on content.  It also states that a report is  not  erroneous  or
unfair because the applicant believes it contributed to a nonselection
for promotion or may impact future promotion or career  opportunities.
The willingness by evaluators to upgrade, rewrite, or void a report is
not a valid basis for doing so.  Requests to add  optional  statements
(such as stratification) to an evaluation  report  will  normally  not
form the basis for a successful  appeal.   These  statements  are  not
mandatory for inclusion, and their omission does not make  the  report
inaccurate.  According to AFPC/DPPP, the applicant failed  to  provide
supporting evidence proving the report was erroneous.  At the time the
report was written, the  information  placed  on  the  report  was  an
accurate assessment of the member's performance.

AFPC/DPPP indicated that although the applicant has support  from  his
evaluators, the report was not proven to be an  inaccurate  reflection
of his performance  due  to  missing  optional  comments.   Also,  the
applicant failed to notice the "error" until after his nonselection of
promotion.  This further implies the applicant  wants  to  change  the
report to enhance his promotion opportunities.

AFPC/DPPP  also  stated  that  since  they  are  recommending  denial,
AFPC/DPPPO finds no basis for SSB consideration.

A complete copy of the AFPC/DPPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating the OPR change is being requested to fix an  administrative
oversight that both his rater  and  additional  rater  (senior  rater)
agreed should not have occurred.  They both stated the  contested  OPR
was not an accurate assessment of his performance and that the failure
to correct the administrative error gives the wrong assessment of  his
performance, thus hampering his chances for promotion.  The  applicant
further stated that AFPC/DPPP is incorrect that he  failed  to  notice
the error until after his nonselection.  He  was  never  afforded  the
opportunity to view the draft OPR, the comments on the AETC Form  516,
or the memorandum the rater provided to  the  additional  rater.   The
fact the additional  rater  never  saw  the  recommendations  was  not
information that was available to him.

Applicant’s 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.   After  a  thorough  review  of  the
evidence presented, we  are  sufficiently  persuaded  that  corrective
action is warranted in this case.  We  took  particular  note  of  the
statements from the applicant's rating chain supporting his  assertion
that as a result of  an  administrative  oversight,  a  stratification
comment was not included in his OPR closing 31 Aug 04.  In view of the
foregoing, and having no  basis  to  question  the  integrity  of  the
evaluators, we recommend that  the  contested  report  be  voided  and
replaced with a  reaccomplished  OPR.   Accordingly,  the  applicant's
records should be corrected as set forth below.  We further  recommend
that he be provided SSB consideration with his corrected records.

_________________________________________________________________

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 Field Grade Officer Performance  Report  (OPR),  AF  IMT
707A, rendered for the period 2 Apr 04 through 31 Aug 04, be  declared
void and removed from his records.

      b.  The attached Field Grade OPR, AF IMT 707A, rendered for  the
period 2 Apr 04 through 31 Aug 04, which reflects in Section VII  "Top
10% HQ Lt Cols," be inserted in his officer selection folder.

It is further recommended that he be considered for promotion  to  the
grade of colonel by a Special Selection Board for  the  Calendar  Year
2004A (CY04A) Colonel Central Selection Board and for  any  subsequent
boards for which the OPR closing 31 Aug 04, was a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-01997 in Executive Session on 20 Oct 05, under the provisions  of
AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Kathy L. Boockholdt, Member

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

     Exhibit A.  DD Form 149, dated 20 Jun 05, w/atchs.
     Exhibit C.  Letter, AFPC/DPPP, dated 7 Sep 05.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.
     Exhibit E.  Letter, applicant, dated 7 Oct 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair




AFBCMR BC-2005-01997




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 , be corrected to show that:

            a.  The Field Grade Officer Performance Report (OPR), AF
IMT 707A, rendered for the period 2 Apr 04 through 31 Aug 04, be, and
hereby is, declared void and removed from his records.

            b.  The attached Field Grade OPR, AF IMT 707A, rendered
for the period 2 Apr 04 through 31 Aug 04, which reflects in Section
VII "Top 10% HQ Lt Cols," be inserted in his officer selection folder.

      It is further directed that he be considered for promotion to
the grade of colonel by a Special Selection Board for the Calendar
Year 2004A (CY04A) Colonel Central Selection Board and for any
subsequent boards for which the OPR closing 31 Aug 04, was a matter of
record.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency