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AF | BCMR | CY2006 | BC-2006-02253
Original file (BC-2006-02253.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02253
            INDEX CODE: 111.00, 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  30 JAN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. The Officer Performance Report (OPR) rendered for the period 31 May  2003
through 30 May 2004 be declared void and removed from his records  and  that
he receive Special Selection Board (SSB) consideration for promotion to  the
grade of lieutenant colonel for the Calendar Year 2005C  (CY05C)  Lieutenant
Colonel Central Selection Board.

2. He receive SSB consideration by  the  CY05C  Lieutenant  Colonel  Central
Selection Board with the inclusion of his recently  corrected  OPR  rendered
for the period 31 May 2004 through 30 May 2005 OPR in his Officer  Selection
Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the contested rating period he was selected to represent the wing  as
the 2004 USAF Aerospace Medicine Expeditionary Operations Readiness  Officer
of the Year.  The award represents excellence in both medical readiness  and
aeromedical evacuation.  The referenced OPR was not  indicative  of  a  USAF
award candidate.  Significant facts used  to  support  his  award  candidacy
were left off the OPR.  He further states his OPR closing 30  May  2005  was
recently corrected.  In the correction the group commander and deputy  group
commander identified him as a strong candidate  for  lieutenant  colonel  in
residence PME.   The  CY05C  Lieutenant  Colonel  Promotion  Board  did  not
receive the upgraded OPR for consideration.

In support of his request, the applicant provided documents  extracted  from
his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major effective and with a date of rank (DOR) of 1 January 2002.

The applicant was considered and not selected for promotion to the grade  of
lieutenant colonel by the CY05C (12 September 2005) and the  CY06B  (15  May
2006) Lieutenant Colonel Central Selection Boards.

The applicant appealed the contested report under the provisions of AFI  36-
2401 and the Evaluation Reports Appeal Board (ERAB) denied  his  request  to
void the 30  May  2004  OPR,  but  approved  the  change  from  Intermediate
Developmental Education (IDE) to Senior  Developmental  Education  (SDE)  in
the last line of the rater’s and additional rater’s  block  on  his  30  May
2005 OPR.

OPR profile since 1997 follows:

           PERIOD ENDING            EVALUATION OF POTENTIAL

                       18 Sep 99  Meets Standards (MS)
                       30 May 00                   (MS)
                       30 May 01                   (MS)
                       30 May 02                   (MS)
                       30 May 03                   (MS)
                 *30 May 04                  (MS)
                 *30 May 05                  (MS)

* Contested Reports

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial.  DPPPEP states the applicant contends his  30
May  2004  OPR  is  inaccurate  since  it  failed  to  include   information
pertaining  to  his  candidacy  for  the  2004   USAF   Aerospace   Medicine
Expeditionary  Operations/Readiness  Officer  of  the  Year   Award.    Only
evaluators must  determine  what  is  appropriate  to  be  documented  on  a
performance report.  A report is not considered  inaccurate  because  it  is
missing information that the rate believes should be  on  the  report.   The
AFI  does  not  require  award  information  to  be  placed  on  a   report.
Mentioning the member’s candidacy for an award is optional.   The  applicant
must have support from the evaluators to include information on  the  report
and request a change.  However, missing information will not invalidate  the
OPR.

The DPPPEP complete evaluation is at Exhibit C.




AFPC/DPPPO recommends denial.  DPPPO  states  central  boards  evaluate  the
entire  OSR  assessing  whole  person  factors  such  as  job   performance,
professional qualities, depth and breadth  of  experience,  leadership,  and
academic and professional military education.  DPPPO  agrees  with  DPPPEP’s
assessment that only  evaluators  may  determine  what  is  appropriate  for
documentation in a performance report.  As such, the OPR  should  remain  as
it appears in the applicant’s OSR.

Concerning the applicant’s request to have a new 30 May 2005 OPR  considered
by an SSB, there is no evidence that the administrative error  (IDE  instead
of SDE) reflected on the applicant’s 30 May 2005 performance  report  caused
his nonselection for promotion.   Furthermore,  after  reviewing  his  CY05C
promotion recommendation form (PRF), we note  that  the  applicant  received
proper DE push commensurate to  his  tenure  (SDE).   Therefore,  the  CY05C
board did see the recommendation for the proper level of PME.

The DPPPO complete evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states his record  of  performance
demonstrates he’s ready for the responsibilities of lieutenant colonel.   He
has worked extremely hard throughout his career to exemplify the  Air  Force
core values.  For approximately two years he’s continued pursuing  his  case
to justifiably earn a lieutenant colonel rank.   He  wouldn’t  persist  with
this case if he didn’t feel his performance  warranted  the  promotion.   He
was informed that he would be selectively continued through 20 years if  not
promoted.  This is not an issue of trying to stay in the  Air  Force.   It’s
an issue of promoting someone who has given  the  time  and  effort  in  the
defense of his country plus has the  accomplishments  warranting  promotion.
It would mean  a  great  deal  to  be  recognized  for  his  commitment  and
dedication to his country through a promotion to lieutenant colonel.

Applicant’s complete response, with attachments, 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 an error or  injustice  regarding  the  OPR  rendered  for  the
period 31 May 2003 through 30 May 2004 be declared  void  and  removed  from
his records and that he receive  SSB  consideration  for  promotion  to  the
grade of  lieutenant  colonel  for  the  CY05C  Lieutenant  Colonel  Central
Selection Board.  His contentions are duly noted.  However, we do  not  find
his  uncorroborated  assertions  sufficiently  persuasive  to  override  the
rationale provided by  the  Air  Force.   We  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility, and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error  or  injustice.   A  report  is  not  considered
inaccurate because it is missing information that the ratee believes  should
be on the report.  We note that evaluators determine what is appropriate  to
be documented on a performance report.  Therefore, we are not  persuaded  by
his assertion that the OPR in question is  inaccurate  since  it  failed  to
include information pertaining to his candidacy for the 2004 USAF  Aerospace
Medicine Expeditionary  Operations/Readiness  Officer  of  the  Year  Award.
Evidence has not been presented which would lead us to  believe  his  record
was inaccurate when considered by the selection board in  question  or  that
he was denied fair and equitable promotion consideration.   In  the  absence
of persuasive evidence to the contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

4.    Notwithstanding the above, we find sufficient  relevant  evidence  has
been presented to demonstrate the existence of  an  error  or  injustice  to
warrant  providing  the  applicant  promotion   consideration   by   Special
Selection Board (SSB) with the inclusion of his  administratively  corrected
OPR closing 30 May 2005 in his OSR.  Through no fault of the applicant,  his
record was in error when considered by the selection board  in  question  in
that the last line of the  rater’s  and  additional  rater’s  block  on  his
30 May 2005 OPR reflected IDE rather than SDE.  The Air Force  states  there
is no evidence that the administrative error (IDE instead of SDE)  reflected
on the applicant’s 30 May 2005 performance report  caused  his  nonselection
for promotion.  While it cannot be conclusively determined what impact  this
error had on the outcome of the promotion  board  in  question,  we  believe
that it served to deprive  him  of  fair  consideration.   In  view  of  the
foregoing, and in an effort to offset any possibility of  an  injustice,  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 provide consideration  for  promotion  to  the
grade of lieutenant colonel by a Special Selection Board  for  the  Calendar
Year 2005C Central Lieutenant Colonel Selection Board with the inclusion  of
the  corrected  Field  Grade  Officer  Performance  Report,  AF  Form  707A,
rendered for the period 31 May 2004 through 30 May 2005.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
02253 in Executive Session on 2 November 2006, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Todd L. Schafer, Member
                 Ms. Maureen B. Higgins, Member

All members voted to correct the records pertaining to AFBCMR Docket  Number
BC-2006-02253  as  recommended.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 20 Jul 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPEP, dated 6 Sep 06.
   Exhibit D.  Letter, AFPC/DPPPO, dated 20 Sep, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Sep 06.
   Exhibit F.  Letter, Applicant, dated 18 Oct 06.




                       JAMES W. RUSSELL III
                       Panel Chair




AFBCMR BC-2006-02253





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 XXX, be corrected to provide consideration for promotion to the
grade of lieutenant colonel by a Special Selection Board for the Calendar
Year 2005C Central Lieutenant Colonel Selection Board with the inclusion of
the corrected Field Grade Officer Performance Report, AF Form 707A,
rendered for the period 31 May 2004 through 30 May 2005.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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