RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02524
            INDEX NUMBER:  111.00, 131.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 MAR 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer  Performance  Report  (OPR)  rendered  for  the  period
20 Mar 03 through 19 Mar 04, be removed from his records and he  be
considered for  promotion  to  the  grade  of  colonel  by  special
selection board (SSB) for the CY04A Colonel Central Selection Board
(6 Dec 04) (P0604A).

On 27 Jan 06, applicant requested he be given a direct promotion to
the grade of Colonel, as if selected by the CY04A P0604A  promotion
board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closing 19 Mar 04 contains duplicate information  from  his
previous OPR dated 19 Mar 03.  This action is in  direct  violation
of AFI 36-2406, para 3.7., Inappropriate  Evaluator  Considerations
and Comments, subpara 3.7.6, Prior Events.

In the applicant’s appeal package  to  HQ  AFPC/DPPPEP,  Evaluation
Report Appeal Board (ERAB),  he  requested  that  his  OPR  closing
19 Mar 04 be removed from his records.  He indicated that  the  OPR
closing 19 Mar  04  contains  duplicate  comments  of  events  that
occurred during the previous reporting period, which was already  a
part of his OPR closing 20 Mar 03.   Applicant  stated  his  report
closing 19 Mar 04 was posted in his  records  7  months  after  the
close date, on 20 Oct 04.  He met with his rater for  a  review  of
his promotion recommendation form (PRF) for the upcoming  promotion
board and during the visit he requested  that  his  rater  consider
removing the events in question and replacing them with others that
actually occurred during the period; however, he refused and  would
not consider changing the verbiage.  He  scheduled  an  appointment
with his additional rater to discuss removal and replacement of the
duplicate information; however, he also refused to support a change
to the OPR.  Additionally, on 9  Mar  05,  he  met  with  the  Wing
Inspector General (IG) to discuss the possibility of  reprisal  for
their action, the IG recommended applicant submit a package to  the
AFBCMR as an obvious violation of AFR 36-2406, Officer and Enlisted
Evaluation System.

On 3 Aug 05, he received a letter from HQ  AFPC/DPPPEP,  Evaluation
Procedures and Appeals (ERAB), confirming their review of the  OPRs
in question.  They determined a need for a corrected OPR to replace
the 19 Mar 04 report.

In support of his appeal, applicant submitted a copy  of  his  ERAB
package, Apr 05 and AFPC/DPPPEP letter, dated 12 Jul 05.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently  serving  in  the  grade  of  lieutenant
colonel, with a date of rank of 1 Aug 99,  with  a  Duty  Title  of
Chief, Public Affairs.

Applicant was  nonselected  for  promotion  by  the  CY04A  Colonel
Central Selection Board which convened on 6 Dec 04.

Applicant's OPR profile for the last ten reporting periods follows:

      PERIOD ENDING    OVERALL EVALUATION

      01 May 97  Meets Standards (MS)
      01 May 98  MS
      31 Jan 99  MS
      31 Jan 00  MS
      31 Jan 01  MS
      02 Jul 01  MS
      19 Mar 02  MS
      19 Mar 03  MS
#     19 Mar 04  MS
      01 Feb 05  MS

# Contested report  -  the  report  was  signed  by  the  rater  on
1 Oct 04, the additional rater on 1  Oct  04,  and  the  Air  Force
reviewer, on 12 Oct 84.  It was also the top report  on  file  when
considered and nonselected  for  promotion  by  the  CY04A  Colonel
Selection Board, which convened on 6 Dec 04.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE reviewed this application and recommended denying the
applicant’s request to void the  report;  and  the  Chief,  Officer
Promotion,   Appointments   and   Selective   Continuation   Branch
recommends denying his request for an SSB.

The applicant filed an appeal under the provisions of AFI  36-2401,
Correcting Officer and Enlisted Evaluation Reports, 20 Feb 04.  The
ERAB returned the appeal requesting a substitute report.

The applicant states he was unable to provide a  substitute  report
due to the evaluators not supporting his request.  However, he  did
not provide any memorandums from the evaluators stating  that  they
did not support his request to reaccomplish the report.  The report
does contain duplicate comments from a previous  report  which  are
inappropriate.

DPPPEP contacted the applicant’s evaluators to  determine  if  they
were  willing  to  provide  a  substitute  comment.   They  support
changing  the  comments  based  on  the  fact  the  comments   were
duplicated from a previous report.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions that his OPR  closing
19 Mar 04 be declared void.  Additionally, he  requested  a  direct
promotion to the grade of colonel, as if selected by  the  Calendar
Year 2004 P0604A promotion board based on comments provided by  his
current wing commander/rater.  The contents of the OPR in  question
were identified as containing “errors  in  fact”  in  the  form  of
duplicate information from the previous report closing 20  Mar  03,
thus  violating  AFI  36-2401.   Additionally,  senior   commanders
traditionally provide stratification remarks in the  final  comment
line, as well as future job recommendations.  The  OPR  recommended
for removal was sabotaged beyond repair by the rater and additional
rater as they omitted critical comments.

Applicant requests the Board  not  accept  the  recommendations  to
simply replace the three lines  containing  identified  “errors  in
fact” and to not afford  his  records  an  opportunity  to  meet  a
supplemental 06 promotion board.  Additionally, he attached further
evidence of misinformation and omitted  accomplishments  throughout
his entire report.  He states known  undocumented  events  of  this
magnitude negate any opportunity for an  unbiased  management-level
review evaluation of his true  performance  during  this  reporting
period.

In support of his appeal, applicant  provided  a  letter  from  his
current wing commander/rater, dated 10 Dec 05; a copy of  a  letter
of  recommendation,  dated  10  Mar  04,  (from  former  additional
rater/wing commander); a copy of his  citation  for  award  of  the
Meritorious Service Medal (MSM) for the period 24  Mar  02  through
1 Jul 04; a letter from the NCOIC, The USAF Concert Band,  undated;
Nomination for Award, for the period (1 Jan – 31 Dec 04); a  letter
of recommendation from HQ USAF/CCE, dated 5 Sep  03;  a  letter  of
recommendation from Director of Tour, The USAF Band;  a  letter  of
support from the President, East Coast Chapter of Tuskegee  Airman,
dated 12 Jan 06, and other letters of support/recommendation.

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.  In this  respect,  we
note the contested report closing 19  Mar  04,  contains  duplicate
comments from  a  previous  report  which  are  inappropriate.   It
appears the applicant brought this to the attention of  his  rating
chain;  however,  he  was  unsuccessful  in   having   the   report
reccomplished.  The Board noted the findings and recommendation  of
the Air Force office of primary  responsibility.   Nonetheless,  in
view of the totality of the circumstances of this  case  and  since
the OPR, closing 19 Mar 03, contains similar comments to the report
in question, we believe the best remedy would be to void the report
closing 19 Mar 04.  Therefore, to preclude any further injustice to
the applicant, we conclude the contested report should be  declared
void and removed from his records.  In addition, we recommend  that
his corrected record be considered for promotion to  the  grade  of
colonel by Special Selection Board for the  CY04A  Colonel  Central
Selection Board and any subsequent boards to which he  is  entitled
based on the corrected record.

4.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate  the  existence  of  either  an  error   or   injustice
warranting favorable action on the applicant’s request for a direct
promotion to the grade of colonel, as  if  selected  by  the  CY04A
Colonel Central Selection Board.  In this  respect,  we  note  that
officers compete for  promotion  under  the  whole  person  concept
whereby a multitude  of  factors  are  carefully  assessed  by  the
selection board members prior to scoring the record.  In  addition,
they may be qualified but – in  the  judgment  of  selection  board
members vested with discretionary authority to score their  records
– may not be the best qualified of those available for the  limited
number of promotion vacancies.  Consequently,  a  direct  promotion
should be granted only under extraordinary circumstances;  i.e.,  a
showing that the officer’s record cannot be reconstructed in such a
manner so as to permit him/her to compete for promotion on  a  fair
and equitable basis; a  showing  that  the  officer  exercised  due
diligence in pursuing timely and effective relief; and lastly, that
had the original errors not occurred, the probability of his  being
selected for promotion would have been extremely high.  We  do  not
find these factors in this case.  In view of the foregoing, and  in
the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the requested relief.

___________________________________________________________________

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 AF IMT 707A, Field  Grade  Officer  Performance
Report (Maj thru Col),  rendered  for  the  period  20  March  2003
through 19 March 2004, be, and hereby is, declared void and removed
from his records.

             b.  It  is  further  recommended  that  his  corrected
record, to include the above correction be considered for promotion
to the grade of colonel by a Special Selection Board (SSB) for  the
Calendar Year (CY) CY04A Colonel Central Selection  Board  and  any
subsequent boards that this OPR was a matter of record.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-02524 in Executive Session on 22 February 2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James W. Russell III, Member

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

     Exhibit A.  DD Form 149, dated 8 Aug 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPE, dated 15 Nov 05, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Nov 05.
     Exhibit E.  Letter, Applicant, dated 27 Jan 06, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2005-02524




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 AF IMT 707A, Field Grade Officer Performance
Report (Maj thru Col), rendered for the period 20 March 2003
through 19 March 2004, be, and hereby is, declared void and removed
from his records.

            b.  It is further directed that his corrected record,
to include the above correction be considered for promotion to the
grade of colonel by a Special Selection Board (SSB) for the
Calendar Year (CY) CY04A Colonel Central Selection Board and any
subsequent boards that this OPR was a matter of record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency