RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01815
                                 (CASE 6)

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  11 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 2 Feb  01
through 1 Feb 02 be declared void and removed from  his  records,  and
the attached reaccomplished OPR be accepted for file in its place.

His OPR rendered for the period 2 Feb 02 through 1 Feb 03 be  declared
void and removed from his records, and the attached reaccomplished OPR
be accepted for file in its place.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Both reports failed to recognize awards  he  received  or  would  have
received had his records not contained an Article 15 from  1998.   The
Article 15 had been set-aside but had  yet  to  be  removed  from  his
records.  He was heavily engaged in the aftermath of 11 Sep 01 (9/11).
 Because of this, he was chosen as the  2001  Squadron  Company  Grade
Officer of the Year (CGOY).  Later, he lost the Squadron  Leo  Marquez
Award due to the Article 15 being in his records.  In both cases,  the
Article 15 was discovered and the awards were stripped from him.   Due
to the Article 15, he has been  deprived  recognition  throughout  his
career and has not received fair promotion opportunities.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement,  copies   of   the   reaccomplished   reports,   supportive
statements, and other  documents  associated  with  the  matter  under
review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant retired from active duty, effective 1  Nov  05,  in
the grade of captain.

On 14 Mar 02, the Board considered applicant’s request that an Article
15 imposed on 23 Sep 98 be set aside and removed from his records, and
his OPR closing 15 Mar 99  be  amended.   The  Board  recommended  the
Article 15 and OPR be removed from his records, which was accepted  by
the Director, Air Force Review Boards Agency.

Applicant was considered for promotion to the grade of  major  by  the
CY03B Major CSB, which convened on 8  Dec  03,  with  the  Article  15
imposed on 23 Sep 98 and OPR closing 15 Mar 99 still in  his  records,
notwithstanding the Board’s directive that they should be removed from
his records.  He was nonselected.

On 24 May 04, the applicant was considered for promotion to the  grade
of major by a Special Selection Board (SSB) for the  CY03B  Major  CSB
without the aforementioned Article 15 and OPR in his records.  He  was
nonselected.

On 4 Aug 04 and 18  Aug  04,  the  Board  considered  the  applicant’s
request that his nonselection for promotion to the grade of  major  by
the CY03B Major CSB be set aside, and he be directly promoted  to  the
grade of major.  The majority of the Board recommended the applicant’s
request be denied, which was  accepted  by  the  Director,  Air  Force
Review Boards Agency, on 17 Sep 04.

On 25  Jan  and  1  Mar  05,  the  Board  considered  and  denied  the
applicant’s request that he be directly promoted to the grade of major
as though selected by the CY03B Major CSB.

On 17 May 05, the Board considered the applicant’s  request  that  his
Officer Selection Brief (OSB) for the CY03B Major CSB be corrected  to
reflect his correct duty history and he receive SSB consideration  for
promotion to the grade of major for the CY03B Major  CSB.   The  Board
recommended that his request be approved, which was  accepted  by  the
Director, Air Force Review Boards Agency, on 16 Jun 05.

On 26 Sep 05, the applicant was considered for promotion to the  grade
of major by  SSBs  for  the  CY03B  and  CY04A  Major  CSBs.   He  was
nonselected.

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

      PERIOD ENDING    EVALUATION

      28 Aug 96  Meets Standards
      15 Mar 97  Meets Standards
      15 Mar 98  Meets Standards
      15 Mar 99                 Removed by Order of Chief of Staff
      15 Mar 00  Meets Standards
       1 Feb 01  Meets Standards
       1 Feb 02  Meets Standards
 #     1 Feb 03  Meets Standards
##     1 Feb 04  Meets Standards

 # Top Report at the time the applicant was considered and nonselected
for promotion to the grade of major by the CY03B Major Board.

## Top Report at the time the applicant was considered and nonselected
for promotion to the grade of major by the CY04A Major Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommended denial noting the  applicant  wants  to  include
awards which he states he should have  received  had  he  not  had  an
Article 15 in his record.  On  10  Apr  02,  the  AFBCMR  removed  the
Article 15 from the applicant’s  records.   According  AFPC/DPPP,  the
applicant wants to recreate  history  and  be  awarded  the  2001  2nd
Munitions Squadron CGOY Award and the squadron-level 2002 General  Leo
Marquez Award.  Based on the records at  the  time,  the  awards  were
given to another nominee.  Although the Article 15 was removed, it did
not supercede the awards presented to the other officer.  Although  Lt
Col A--- and Lt Col T--- stated  they  have  decided  to  restore  the
deprived awards to the applicant, in  essence,  these  statements  are
untrue--these distinctions are discretionary in nature (unlike an  Air
Force medal) and were designated for  another  nomination.   AFPC/DPPP
believes the intent of the AFBCMR directive was to expunge  derogatory
information in the applicant's record; the lack of this recognition in
the applicant’s written record is not derogatory.   Additionally,  the
issue of the officer who was rightfully awarded the  recognition  then
comes into question; that individual who actually  won  the  2001  and
2002 awards may have the recognition documented in  his/her  permanent
record.  Either the  officer  rightfully  awarded  these  distinctions
suffers because he/she has the recognition removed or  there  are,  in
essence, two squadron-level winners.

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  detailed
response indicating that he is asking the Board to correct his OPRs so
that he can fairly compete for promotion.  If not,  he  is  requesting
that the Board directly promote him to the grade of  major.   Although
other officers were awarded the honors in his place, that  still  does
not excuse the fact he was the individual most impacted.   It  is  not
their fault, nor his.  The fact he was the rightful winner of the CGOY
and he would have been the winner of the Leo  Marquez  Award  had  the
derogatory information not been in his records.  Additionally, the Air
Force failed to remove the documents from his records as directed, the
reason for this is still unknown.  He is asking the Board  to  correct
the injustice he has suffered and provide him a  fair  opportunity  to
succeed.

Applicant’s complete response, 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  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 the contested reports did not contain recognition  of  awards  he
received or would have received had the Article 15 imposed on  23  Sep
98, which has subsequently been removed as the directed by the AFBCMR,
not been in his records.  In view of the foregoing, having no basis to
question  the  integrity  of  the  evaluators,  and  to   remove   the
possibility of an injustice, we recommend that the  contested  reports
be voided and replaced with  reaccomplished  OPRs.   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 Company Grade Officer Performance Report (OPR),  AF Form
707B, rendered for the period 2 Feb 01 through 1 Feb 02,  be  declared
void and removed from his records.

      b.  The attached Company Grade OPR, AF Form 707B,  rendered  for
the period 2 Feb 01 through 1 Feb 02, which reflects  in  Section  VII
"Squadron 2001 Company Grade Officer of the Year," be inserted in  his
officer selection folder.

      c.  The Company Grade Officer Performance Report (OPR),  AF Form
707B, rendered for the period 2 Feb 02 through 1 Feb 03,  be  declared
void and removed from his records.

      d.  The attached Company Grade OPR, AF Form 707B,  rendered  for
the period 2 Feb 02 through 1 Feb 03, which reflects  in  Section  VII
"Squadron 2002 Lt Gen Leo Marquez award recipient," be inserted in his
officer selection folder.

It is further recommended that he be considered for promotion  to  the
grade of major by a Special Selection  Board  for  the  Calendar  Year
2003B (CY03B) Major Central Selection Board  and  for  any  subsequent
boards for which the OPRs closing 1 Feb 02 and 1 Feb 03, were a matter
of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-01815 in Executive Session on 7 Mar 06, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Barbara R. Murray, Member
      Ms. Kathleen B. O’Sullivan, Member

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

     Exhibit A.  DD Form 149, dated 25 May 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPP, dated 25 Aug 05.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Aug 05.
     Exhibit E.  Letter, applicant, dated 6 Sep 05, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chair



AFBCMR BC-2005-01815




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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.  The Company Grade Officer Performance Report (OPR),
AF Form 707B, rendered for the period 2 Feb 01 through 1 Feb 02, be,
and hereby is, declared void and removed from his records.

            b.  The attached Company Grade OPR, AF Form 707B, rendered
for the period 2 Feb 01 through 1 Feb 02, which reflects in Section
VII "Squadron 2001 Company Grade Officer of the Year," be inserted in
his officer selection folder.

            c.  The Company Grade Officer Performance Report (OPR),
AF Form 707B, rendered for the period 2 Feb 02 through 1 Feb 03, be,
and hereby is, declared void and removed from his records.

            d.  The attached Company Grade OPR, AF Form 707B, rendered
for the period 2 Feb 02 through 1 Feb 03, which reflects in Section
VII "Squadron 2002 Lt Gen Leo Marquez award recipient," be inserted in
his officer selection folder.

      It is further directed that he be considered for promotion to
the grade of major by a Special Selection Board for the Calendar Year
2003B (CY03B) Major Central Selection Board and for any subsequent
boards for which the OPRs closing 1 Feb 02 and 1 Feb 03, were a matter
of record.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachments:
AF Forms 707B