RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02209
                                       INDEX CODE:  131.03
      XXXXXXXXXXXXXXX                   COUNSEL: Mr. Grant Lattin

      XXXXXXXXXXX                            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 30 March 2002 Officer Performance Report (OPR), 30 March  2003  OPR  and
P0602B Promotion Recommendation Form (PRF) be replaced with corrected  forms
and his records be reconsidered by a Special Selection Board (SSB)  for  the
P0602B Colonel Central Selection Board (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His 2002 and 2003 OPRs do not include assessments of his  command  potential
because USAF/DP’s 2001 policy change was not provided  to  his  rater  while
his peers’ raters were informed of this policy  and  were  free  to  include
such assessments.  Air Force Instruction  (AFI)  36-2406,  which  his  rater
used to write the OPRs, still does  not  reflect  this  policy  change.   In
addition, his P0602B PRF should be changed to reflect changes  made  to  his
2002 OPR and an important Distinguished Graduate (DG)  statement  which  was
incorrectly omitted.

In  support  of  his  application,  the  applicant’s  counsel   provides   a
statement; the applicant provides a personal statement; and  copies  of  the
Evaluation Reports  Appeal  Board  (ERAB)  Decision;  memorandums  from  his
rater, senior rater, and additional raters, letters of support; current  and
proposed OPRs and PRF; USAF/DP’s policy change message, and  an  excerpt  of
AFI 36-2406.  The applicant’s complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel with a date of rank  of  1  August  1998.   The  military
personnel data system reflects his Total  Active  Federal  Military  Service
Date as 10 January 1982 and a Projected Date of  Separation  of  31  January
2010.  The applicant has three non-selections to the grade of colonel  (O-6)
by the Calendar Year 2002B (CY02B),  CY03B,  and  CY04A  Colonel  CSBs.   He
filed an appeal under the provisions of AFI 36-2401, Correcting Officer  and
Enlisted Evaluation Reports, on 20 February 2004.  The ERAB  considered  and
denied  his  request.   The  following  is  a  resume  of  the   applicant’s
performance ratings:

      PERIOD ENDING                     OVERALL EVALUATION

      15 Jun 96 (Major)                            MS
      15 Jun 97                              MS
      15 Jun 98                               MS
      15 Jul 99 (Lt Col)                           MS
       1 Mar 00                                    MS
      28 Jul 00                         Training Report (TR)
      30 Mar 01                         Training Report (TR)
      30 Mar 02                                    MS
      30 Mar 03                                    MS
      30 Mar 04                                    MS



_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial of the applicant’s request to substitute his  30
March 2002 OPR, 30 March 2003 OPR, and  his  P0602B  PRF.   Since  they  are
recommending denial, AFPC/DPPPO,  finds  no  basis  for  SSB  consideration.
DPPP states that all members of the Air Force are  required  to  ensure  the
accuracy of their reports and submit an appeal prior to a non-selection  for
promotion.  It is DPPP’s opinion that it is evident  the  applicant  is  not
motivated by purported  injustices  in  his  OPRs,  but  by  promotion  non-
selection.   DPPP  states  the  appeals  process  is  not  to  improve   the
applicant’s promotion  potential,  but  to  correct  errors  or  injustices.
Following a review of the applicant’s records and submissions, they find  no
errors or injustices.  The DPPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel summarizes the applicant’s rebuttal by  addressing
two main issues.  First, the issue before the Board should not be  whether
the applicant’s evaluators should have known that  the  evaluation  policy
had changed, rather, did they actually know about the  change  in  policy.
The evaluators have clearly stated they did  not  know  and  if  they  had
known, they would have corrected the OPRs.  These are honorable evaluators
who have honestly admitted a fact that the Air Force might  have  expected
them to know, but they have provided very  reasonable  explanations  about
the failure of message traffic to reach them within the command where they
served.  Second, the conclusion contained in the advisory opinion that the
applicant is not motivated by an injustice occurring in  his  record,  but
instead by his failure to  be  promoted  is  unfair  and  without  factual
support.  If the applicant’s record is not accurate, then both he and this
Board have the duty to correct his  record.   The  content  of  documents,
whether accurate or inaccurate, will inevitably have an  effect  upon  the
promotion process because promotion  boards  make  their  decision  solely
based upon those records.  For the reason stated and  the  other  evidence
provided, request the Board provide the relief requested.   The  applicant
and counsel responses are 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 an  injustice  warranting  corrective  action.   The  applicant
requests his OPR closing 31 March 2002, his OPR closing 31 March  2003,  and
his PRF for the CY02B Colonel CSB be replaced; and, his records meet an  SSB
for the CY02B Colonel CSB with substituted OPRs and PRF.  He  contends  that
his rating chain was not  aware  of  the  AF/DP  2001  policy  change  which
allowed for the inclusion of command potential in OPRs and  points  out  the
policy change is still not reflected in  AFI  36-2406  to  this  date.   The
Board notes the letters  of  support  from  the  applicant’s  rater,  senior
rater, and reviewer and their contention that had they  been  aware  of  the
AF/DP policy change they would have previously  incorporated  the  requested
statements in the applicant’s OPRs and PRF.  We  also  note  the  Management
Level Review (MLR) President’s letter of support,  his  concurrence  of  the
proposed changes, and his recommendation that the applicant’s  records  meet
an SSB.  The Board  has  no  reason  to  question  the  integrity  of  these
officers or their intentions.  Therefore,  it  is  the  Board’s  opinion  in
order to provide the applicant fair and equitable  relief  and  to  preclude
any possibility  of  an  injustice,  his  records  should  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD DETERMINES 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  Form  707a,
rendered for the period 31 March 2001 through 30 March 2002, be, and  hereby
is, declared void  and  removed  from  his  records  and  the  attached  OPR
rendered for the period 31 March 2001 through 30 March  2002,  be  filed  in
his records in its proper sequence.


      b. The Field Grade Officer Performance Report  (OPR),  AF  Form  707b,
rendered for the period 31 March 2002 through 30 March 2003, be, and  hereby
is, declared void  and  removed  from  his  records  and  the  attached  OPR
rendered for the period 31 March 2002 through 30 March  2003,  be  filed  in
his records in its proper sequence.


      c. The Promotion Recommendation Form (PRF), AF Form 709, prepared  for
the Calendar Year 2002B (CY02B) Central  Colonel  Selection  Board  be,  and
hereby is, declared void and removed from his records and the  attached  PRF
be accepted for file in its place.


It is further directed that his record, to include the attached OPR  closing
30 March 2002 and CY02B PRF, be considered for promotion  to  the  grade  of
colonel  by  a  Special  Selection  Board  for  the  CY02B  Central  Colonel
Selection Board, and for any subsequent board for which the OPR  closing  30
March 2002 was a matter of record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 19 January 2005, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-02209 was considered:

      Exhibit A.  DD Form 149, dated 30 Jun 05, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPP, dated 16 Sep 05.
      Exhibit D.  Letter, SAF/MRBR, dated 23 Sep 05.
      Exhibit E.  Counsel’s Rebuttal, dated 2 Nov 05.




                                                   MICHAEL K. GALLOGLY
                                                   Panel Chair


AFBCMR BC-2005-02209




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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show:

           a.  The Field Grade Officer Performance Report (OPR), AF Form
707a, rendered for the period 31 March 2001 through 30 March 2002, be, and
hereby is, declared void and removed from his records and the attached OPR
rendered for the period 31 March 2001 through 30 March 2002, be filed in
his records in its proper sequence.


           b.  The Field Grade Officer Performance Report (OPR), AF Form
707b, rendered for the period 31 March 2002 through 30 March 2003, be, and
hereby is, declared void and removed from his records and the attached OPR
rendered for the period 31 March 2002 through 30 March 2003, be filed in
his records in its proper sequence.


           c.  The Promotion Recommendation Form (PRF), AF Form 709,
prepared for the Calendar Year 2002B (CY02B) Central Colonel Selection
Board be, and hereby is, declared void and removed from his records and the
attached PRF be accepted for file in its place.


      It is further directed that his record, to include the attached OPR
closing 30 March 2002 and CY02B PRF, be considered for promotion to the
grade of colonel by a Special Selection Board for the CY02B Central Colonel
Selection Board, and for any subsequent board for which the OPR closing 30
March 2002 was a matter of record.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachments:
   1. OPR closing 31 March 2002
   2. OPR closing 31 March 2003
   3. CY02B PRF