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AF | BCMR | CY2006 | BC-2006-02320
Original file (BC-2006-02320.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02320
            INDEX CODE:  131.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  6 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The last line of Section VI, RATER OVERALL ASSESSMENT and the last  line  of
Section VII, ADDITIONAL RATER OVERALL ASSESSMENT on his 01 May 2005 thru  30
Apr 2006 Officer Performance Report (OPR) be replaced or removed.

Examiner’s Note:  Subsequent to his request, the  applicant  was  considered
for promotion to Lt Col  by  the  CY06A  Lt  Col  Central  Selection  Board;
however, he was not selected.  If his request  is  granted,  the  Board  may
also consider granting him a Special Selection Board (SSB) consideration  by
the CY06A Lt Col Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His OPR closed out while he was deployed to the CENTAF AOR and his  squadron
commander misunderstood his intentions to remain  on  active  duty  and  not
transfer to the Nevada Air National Guard.

In support of the application, the applicant submits a copy of his  OPR  and
a letter of explanation from his rater.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date  is  29
Oct 92.  He is currently serving on active duty in the grade of major,  with
a date of rank of 1 Mar 03.  He has one nonselection  for  promotion  to  Lt
Col by the CY06A Lt Col Central Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP recommends partial  approval  of  the  applicant’s  requests.
DPPPEP states the applicant did not file an appeal under the  provisions  of
AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports.   Paragraph
3.7.24 states comments pertaining to separation status is  prohibited.   The
applicant was given an opportunity to provide a reaccomplished  report  with
evaluator support to correct the error versus voiding the error.

Based on the inappropriate comment, HQ AFPC/DPPPEP agrees the  comment  must
be corrected but not removed  in  its  entirety.   To  remain  fair  to  the
applicant and to keep the report as accurate as possible, DPPPEP  recommends
the following changes:

      Section VI, Line 9, remove  “perfect  choice  to  bolster  Nevada  ANG
ops.”

      Section VII, Line 5, remove “natural for Nevada ANG.”

AFPC/DPPPEP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days on 8  Dec  06.   As  of  this  date,  this
office has received no response (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  error  or  injustice.   After   reviewing   the   applicant’s
submission and the evidence of record, we are persuaded that some relief  is
warranted.  In this respect, we  are  in  agreement  with  the  opinion  and
recommendation  of   the   appropriate   Air   Force   office   of   primary
responsibility and agree that the applicant’s OPR  should  be  corrected  to
remove  the  inappropriate  comments.   While  it  cannot  be   conclusively
determined what impact the  inappropriate  comments  may  have  had  on  his
promotion opportunity, we believe any doubt should be resolved in his  favor
and that the final determination  should  be  appropriately  placed  in  the
hands of a duly constituted SSB.  Therefore, it  is  our  opinion  that  his
records should 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  by  amending  the  Officer  Performance  Report
(OPR), AF Form 707A, rendered for the period of 1 May 2005 thru 30 Apr  2006
as follows:

      a.  Section VI, Line 9, remove “perfect choice to bolster  Nevada  ANG
ops.”

      b.  Section VII, Line 5, remove “natural for Nevada ANG.”

It is further recommended  that  his  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by a  Special  Selection  Board
for the CY06A Selection Board.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
02320 in Executive Session on 31 January 2007, under the provisions  of  AFI
36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered :

      Exhibit A.  DD Form 149, dated 13 Jun 06 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPEP, 16 Nov 06.
      Exhibit D.  Letter, SAF/MRBR, dated 8 Dec 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

AFBCMR BC-2006-02320




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 by amending the Officer Performance
Report (OPR), AF Form 707A, rendered for the period of 1 May 2005 thru 30
Apr 2006 as follows:

      a.  Section VI, Line 9, remove “perfect choice to bolster Nevada
ANG ops.”

      b.  Section VII, Line 5, remove “natural for Nevada ANG.”

      It is further directed that his corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection Board
for the CY06A Selection Board.




      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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