RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02425
                                             INDEX CODE:  111.05

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  5 FEBRUARY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered on him for the period
15 Sep 99 through 14 Sep 00 be voided and removed from his records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR from 14 Sep 00 contains Article 15  comments  that  are  no
longer appropriate.  On 7 Oct 04, the Base Wing  Commander  removed
the Article 15  from  his  Officer  Selection  Record  and  Officer
Command Selection  Record.   He  feels  the  comments  on  the  OPR
contributed to his two non-selections to Major.

In support of  applicant’s  appeal,  he  provides  a  copy  of  the
contested 14 Sep 00 OPR, the  Wing  Commander’s  7  Oct  04  letter
removing the Article 15  from  his  Officer  Selection  Record  and
Officer Command Selection Record, a non-selection letter  from  his
Military Personnel  Flight  Commander,  and  copies  of  his  OPRs,
Training Reports and two award citations.

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
captain.  He has two non-selections  to  the  grade  of  major.   A
resume of his OPRs and Training Reports follow:

      Closeout Date    Overall Rating

        14 Aug 95      Training Report (TR)
        05 May 96      Meets Standards (MS)
        16 Mar 97      MS
        16 Mar 98      MS
        14 Sep 99      TR
       *14 Sep 00      Does Not Meet Standards (Referral)
        14 Sep 01      MS
        29 Mar 02      TR
        14 Sep 02      MS
        14 Sep 03      MS
        07 May 04      MS
        07 May 05      MS

* Contested Report  -  referral  report.   Marked  “Does  Not  Meet
Standards” in Section V (Performance Factors), Item 3 (Professional
Qualities), and Section  VI  (Rater  Overall  Assessment)  contains
Article 15 comments.

On 2 Feb  05,  the  AFBCMR  favorably  considered  the  applicant’s
request that the Article 15, dated 13 Oct 99, be removed  from  his
Officer Selection Record  effective  1  Aug  03,  and  that  he  be
considered for promotion to the grade of major by Special Selection
Board for the Calendar Year 2003B  Major  Central  Selection  Board
(see Misc Info).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends denial.  The  applicant  did  not  file  an
appeal under the provisions of AFI 36-2401, Correcting Officer  and
Enlisted Evaluation Reports, 20 Feb 04.  The Article 15 was removed
from the member’s Officer Selection Record;  however,  it  was  not
removed from the member’s Master Personnel  Record.   Although  not
filed, the Article 15 is still a part  of  the  member’s  permanent
records.  The information on the OPR containing the Article  15  is
still appropriate.  Therefore, the OPR is still accurate.

The complete Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 Sep 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office (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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant’s complete submission in judging the  merits  of  the
case; however, a  majority  of  the  Board  is  not  persuaded  the
contested Officer Performance Report  (OPR)  closing  14  September
2000, should be removed  from  the  applicant’s  record.   In  this
respect,  a  majority  of  the  Board  notes  the  applicant’s  OPR
containing the Article 15 is still appropriate and should remain in
the applicant’s permanent records.  Therefore, in  the  absence  of
evidence to the contrary,  the  majority  of  the  Board  finds  no
compelling basis to recommend granting the relief  sought  in  this
application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
02425  in  Executive  Session  on  10  November  2005,  under   the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Josephine L. Davis, Member

By a  majority  vote,  the  members  voted  to  deny  the  request.
Mr. Gallogly voted to correct the record and elected  to  submit  a
minority report, which is at Exhibit E.  The following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPP, dated 19 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 05.
    Exhibit E.  Minority Report.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB

SUBJECT:

      I have carefully considered the rationale of the Board majority;
however, I agree with the minority member of the panel that applicant’s
Officer Performance Report (OPR) for the period closing 14 September 2000
should be voided and his corrected record again be considered for promotion
to the grade of major by Special Selection Boards (SSBs).

      Applicant contends, in essence, that since an Article 15 was removed
from his Officer Selection Record (OSR), the comments contained in the
contested OPR are no longer appropriate.  The Office of Primary
Responsibility (OPR) recommends denial, however, noting the Article 15 is
still a part of the applicant’s permanent records, and, as a consequence,
the information on the OPR pertaining to the Article 15 is still
appropriate.  The majority members of the Board panel agree with the OPR
and recommends the applicant’s request be denied.  On the other hand, the
minority member believes, essentially, that it was the applicant’s
commanders’ intent that the Article 15 not be a matter of record for the
applicant’s IPZ consideration.  Since the removal of the Article 15 from
the applicant’s OSR without removing the references to it in the contested
OPR is tantamount to no correction at all, I agree.

      In view of the foregoing, it is my decision that the contested OPR be
voided and that the applicant again be reconsidered for promotion to the
grade of major by selection boards commencing with the CY03B selection
board.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency




AFBCMR BC-2005-02425




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  the
Company Grade Officer  Performance  Report  (OPR),  AF  Form  707B,
rendered for the period 15  September  1999  through  14  September
2000, be, and  hereby  is,  declared  void  and  removed  from  his
records.

      It is further directed that he be considered for promotion to
the grade of major by Special Selection Boards commencing with  the
Calendar Year 2003B Major Central Selection Board.




                                             JOE G. LINEBERGER
                                             Director
                                               Air   Force   Review
Boards Agency