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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