RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03010
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  30 Mar 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered on him for the period 20
Mar 01 through 1 Mar 02 be amended to reflect command and Intermediate
Service School (ISS) endorsements as well as  his  corrected  rank  of
major.

Annotate the OPR to be amended as above in the margin to  reflect  his
retroactive promotion to major.

His record be corrected to show completion of  individual  development
education (IDE) Air Command and Staff  College  (ACSC))  in  residence
with an effective date of 15 Oct 04.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The AFBCMR found him to be the victim  of  error  or  injustice  on  a
previous appeal and made the following corrections to his record:

         a.  Declared  void  and  removed  from  his  records   all
documents and references to the Letter of Reprimand (LOR) issued to
him on   2 Jun 00.

        b.  Declared void and removed from his records the  Company
Grade Officer Performance Report, AF Form  707B  rendered  for  the
period 14 Jun 99 through 13 Jun 00.

        c.  Declared void and removed from his records  the  letter
written by  him  to  the  President  of  the  CY00B  Major  Central
Selection Board.

        d.  Amended the Promotion Recommendation  Form  (PRF),  Air
Force Form 709, prepared for  the  CY01A  Central  Major  Promotion
Selection Board in  Section  IV  by  replacing  line  9,  “Decisive
breadth!    Proven   leader,   academician,   staff   officer   and
meteorologist--promote”  with  “Decisive  Breath!   Proven  leader,
academician, staff officer, and meteorologist--definitely  promote,
ISS!”

        e.  Granted him promotion consideration to the grade of  major
by Special Selection Board (SSB) for the CY00B Major Central Selection
Board.

If selected for promotion to major by SSB for the CY00B board, he will
immediately be eligible to meet  the  13  Mar  06  lieutenant  colonel
promotion board.  The previous injustice  he  suffered  prevented  him
from completing ACSC along with his peers.  If  not  corrected  before
the 13 Mar 06 board, his record will not be competitive.

The OPR rendered on him  closing  1  Mar  02  is  unjust  because  his
additional rater was changed to an officer that  had  been  previously
involved in  his  first  appeal  and  supported  the  actions  of  the
commander that took the earlier actions  against  him.   Additionally,
the additional rater for the OPR closing 1 Mar 02 advised him that  he
did base his rating on the items in his record,  i.e.,  referral  OPR,
LOR, etc, that the Board subsequently corrected.  He also  noted  that
the final OPR in his record differed  from  the  unofficial,  unsigned
copy his rater had previously given  him,  omitting  the  enthusiastic
endorsement “absolutely ready for command and ISS now.”

When the AFBCMR corrected his record, he advised his additional  rater
and solicited his help in getting the OPR closing 1 Mar 02  corrected.
The additional rater did not  agree  to  change  the  OPR  and  wanted
detailed information on why the AFBCMR had granted his appeal.

In support of his appeal the applicant provides a copy of his previous
AFBCMR appeal.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
major.  He was selected for promotion to the grade of major by SSB  in
2005.  The applicant’s date of rank is 1 May 01.  He is eligible to be
considered for promotion to the grade of  lieutenant  colonel  by  the
CY06A Central Lieutenant Colonel Selection Board scheduled for 13  Mar
06.  A review of  the  applicant’s  last  ten  OPRs  reflects  overall
ratings of “meets standards.”

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPAF recommends denial of the applicant’s  request  to  have  his
records reflect he has completed ACSC.  They note that  completion  of
ACSC through the distance  learning  and  enrollment  program  is  not
mandatory and they have no way of knowing if the applicant would  have
signed up and completed ACSC.

The complete evaluation is at Exhibit C.

AFPC/DPPP evaluated the applicant’s request to amend his OPR closing 1
Mar 02.  They recommend denial  of  his  request.   However,  they  do
recommend that all of the applicant’s OPRs closing on or after  1  May
01 be corrected to reflect the grade of major and placed  on  AF  Form
707A.

Regarding the applicant’s request to annotate his OPR closing    1 Mar
02 in the margin to reflect his retroactive promotion, AFPC/DPPP notes
this may cause a disadvantage to the  applicant.   When  a  member  is
promoted retroactively, the records are  made  to  appear  as  if  the
individual was promoted on time.  To annotate his OPR as requested may
result  in  the  promotion  board   viewing   this   unfavorably   and
subsequently lead to the applicant submitting an appeal based on  this
issue.

Regarding  the  applicant’s  request  to  add  a   command   and   PME
recommendation to his OPR, they note that PME recommendations are  not
mandatory in OPRs and its omission does not affect the validity of the
report.  AFPC/DPPP  also  notes  that  the  draft  referenced  by  the
applicant as containing a command and PME recommendation was completed
more than three months prior to the close  of  the  contested  report.
There may have been numerous reasons why the  PME  recommendation  was
removed.  Only the evaluators can provide insight into  why  they  did
not want to provide a PME recommendation.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluations,  the  applicant  amended
his  request  to  the  Board  (reflected  above).   In   response   to
AFPC/DPAFE’s assertion that it is not  known  whether  he  would  have
signed up and completed ACSC, the applicant notes  that  this  is  not
relevant since he could not enroll due to the  injustice  he  suffered
and that the Board corrected.

In  response  to  AFPC/DPPP’s   assertion   that   PME   and   command
recommendations are not mandatory as grounds to deny  his  request  to
amend his OPR, the applicant states that the basis of his argument  is
that the omission of these statements is unjust.  He notes that he has
been successful in getting four other reports corrected  that  do  not
involve the same rating chain as the OPR closing 1 Mar 02.

The applicant’s complete response is at Exhibit F.

_________________________________________________________________

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 regarding the applicant’s  request
to amend his OPR closing 1 Mar 02 to reflect command and  Intermediate
Service School endorsements, to annotate the OPR  in  the  margins  to
reflect his retroactive promotion to major, and his  request  to  have
his records show completion  of  Air  Command  and  Staff  College  in
residence with an effective date of 15  Oct  04.   The  applicant  has
indicated that he would like his OPR closing 1 Mar 02 amended with the
requested changes rather than completely voiding the report.  However,
the lack of support from the rating chain makes this  an  unacceptable
alternative for the Board.  To make the requested changes would create
a permanent record that gives the appearance these were  the  comments
and recommendations of the  rating  chain  when  they  are  not.   The
applicant notes that an unofficial copy of the OPR provided to him  by
his immediate rater contained endorsements that were subsequently left
out of the final report.  In this regard, we note that only the report
signed and submitted for file can be considered  official.   Regarding
the applicant’s request to annotate the OPR in the margins to  reflect
his retroactive promotion to major, we agree with AFPC/DPPP’s comments
on this issue and adopt their rationale  to  deny  this  request.   In
regards to the applicant’s request to correct his records  to  reflect
completion of ACSC in residence, we believe this remedy would  degrade
the importance of actually completing ACSC.  The  indication  that  an
individual has completed the appropriate level of PME  certifies  that
they have actually received training and education that enhances their
ability to serve in the associated grade.  Therefore, in  the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting this portion of the relief sought in this application.

4.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice regarding the correction of the Company
Grade Officer Performance Reports rendered on the applicant  closing  1
Mar 02, 3 Feb 03, 8 Sep 03, 8 Sep 04, and 30 Apr 05 and prepared on  AF
Forms 707B.  With the exception of  the  OPR  closing  1  Mar  02,  the
applicant has obtained replacement reports from his rating  chain.   We
agree with AFPC/DPPP’s recommendation to substitute the  Company  Grade
Officer Performance Reports prepared on AF Forms 707A identified  above
with the Field Grade Officer Performance Reports prepared  on  AF  Form
707A.  Additionally, during discussions with AFPC/DPPPEP on 10 Feb  06,
we noted that while the substitute OPRs provided by the applicant  have
been changed to reference the grade of major, several still contain the
same  PME  recommendations  made  on   the   Company   Grade   reports.
AFPC/DPPPEP advised they will administratively correct these reports to
reflect recommendations in line with the applicant’s  grade  of  major.
We  note  the  Board  has  previously  crafted  relief  to  provide  an
applicant, to the fullest extent possible, an  opportunity  to  compete
equitably for promotion by  setting  aside  any  nonselections  in  the
primary zone that may have been influenced by issues such as a lack  of
performance reports  in  a  grade  to  which  they  were  retroactively
promoted  or  were  not  afforded  the  opportunity  to  complete   the
appropriate level of PME.  The applicant has not had an opportunity  to
be rated on his performance while actually  serving  in  the  grade  of
major.  Unfortunately, due to the time that has passed in  getting  his
records corrected, he  will  likely  be  considered  for  promotion  to
lieutenant colonel in the primary  zone  without  such  a  report.   We
believe this places him at a distinct disadvantage.   We  believe  this
specific form of relief as discussed should be applied  in  this  case.
Additionally, this should provide  the  applicant  sufficient  time  to
complete  ACSC  by  correspondence.   Therefore,   we   recommend   the
applicant’s records be corrected as indicated below.

_______________________________________________________________

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, closing 1 Mar 02 be declared void, removed from his records,  and
reaccomplished on AF Form 707A, Field Grade Officer Performance Report.

        b.  The Company Grade Officer Performance Report (OPR), AF Form
707B, closing 3 Feb 03, which reads in Section VI, Line  1,  “#1  of  3
captains …” be declared void, removed from his records, and substituted
with the reaccomplished Field Grade OPR, AF Form 707A,  closing  3  Feb
03, which reads in Section VI, Line 1, “#1 of 2 majors ….”

        c.  The Company Grade Officer Performance Report (OPR), AF Form
707B, closing 8 Sep 03, which reads in Section VI, Line  1,  “#1  of  4
captains …” be declared void, removed from his records, and substituted
with the reaccomplished Field Grade OPR, AF Form 707A,  closing  8  Sep
03, which reads in Section VI, Line 1, “#1 of 2 majors ….”

        d.  The Company Grade Officer Performance Report (OPR), AF Form
707B, closing 8 Sep 04, which reads in Section VI, Line  1,  “#1  of  8
CGOs!” be declared void, removed from his records, and substituted with
the reaccomplished Field Grade OPR, AF Form 707A,  closing  8  Sep  04,
which reads in Section VI, Line 1, “#1 of 2 majors!”

        e.  The Company Grade Officer Performance Report (OPR), AF Form
707B, closing 30 Apr 05, which reads in Section VI, Line 1, “Top 10% of
40 captains  …”  be  declared  void,  removed  from  his  records,  and
substituted with the reaccomplished Field  Grade  OPR,  AF  Form  707A,
closing 30 Apr 05, which reads in Section VI, Line 1, “Top  10%  of  45
majors ….”

It is further recommended that any nonselections for promotion  to  the
grade of lieutenant colonel in the primary zone prior  to  receiving  a
minimum of two additional Officer Performance Reports with at least 250
days supervision, in the grade of major, be set aside.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-
03010 in Executive Session on 9 February 2006, under the provisions  of
AFI 36-2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. August Doddato, Member
      Mr. Vance E. Lineberger, Member

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

     Exhibit A.  DD Form 149, dated 25 Sep 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAF, dated 1 Nov 05.
     Exhibit D.  Memorandum, AFPC/DPPP, dated 8 Dec 05.
     Exhibit E.  Letter, SAF/MRBR, dated 16 Dec 05.
     Exhibit F.  Letter, Applicant, dated 21 Dec 05, w/atchs.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

AFBCMR BC-2005-03010

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, closing 1 Mar 02 be, and hereby is, declared void,
removed from his records, and reaccomplished on AF Form 707A, Field
Grade Officer Performance Report.

            b.  The Company Grade Officer Performance Report (OPR),
AF Form 707B, closing 3 Feb 03, which reads in Section VI, Line 1,
“#1 of 3 captains …” be, and hereby is, declared void, removed from
his records, and substituted with the attached Field Grade OPR, AF
Form 707A, closing 3 Feb 03, which reads in Section VI, Line 1, “#1
of 2 majors ….”

            c.  The Company Grade Officer Performance Report (OPR),  AF
Form 707B, closing 8 Sep 03, which reads in Section VI, Line 1, “#1  of
4 captains …” be, and  hereby  is,  declared  void,  removed  from  his
records, and substituted with the attached Field  Grade  OPR,  AF  Form
707A, closing 8 Sep 03, which reads in Section VI, Line  1,  “#1  of  2
majors ….”

            d.  The Company Grade Officer Performance Report (OPR),  AF
Form 707B, closing 8 Sep 04, which reads in Section VI, Line 1, “#1  of
8 CGOs!” be, and hereby is,  declared void, removed from  his  records,
and substituted with the  attached  Field  Grade  OPR,  AF  Form  707A,
closing 8 Sep 04, which reads in Section VI, Line 1, “#1 of 2 majors!”

            e.  The Company Grade Officer Performance Report (OPR),  AF
Form 707B, closing 30 Apr 05, which reads in Section VI, Line  1,  “Top
10% of 40 captains …” be, and hereby is, declared  void,  removed  from
his records, and substituted with the attached Field Grade OPR, AF Form
707A, closing 30 Apr 05, which reads in Section VI, Line 1, “Top 10% of
45 majors ….”

      It is further recommended that any nonselections for promotion to
the grade of lieutenant colonel in the primary zone prior to  receiving
a minimum of two additional Officer Performance Reports with  at  least
250 days supervision, in the grade of major, be, and  hereby  are,  set
aside.



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency


Attachments:
Substitute OPRs