RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00497
            INDEX CODES:  111.02, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  15 AUG 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 2005A (CY05A) Colonel Central Selection Board  (CSB)
be declared void and removed from his records, and the attached PRF be
accepted for file in its place.

His records be considered by  a  Special  Selection  Board  (SSB)  for
promotion to the grade of colonel by the CY05A Colonel CSB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested PRF was unjust because  of  biased  inputs,  which  were
based on an open Inspector General (IG)  inquiry,  from  the  outgoing
wing commander and vice commander to the new  wing  commander  in  the
preparation of his PRF.

In support of  his  appeal,  the  applicant  provided  copies  of  the
contested and reaccomplished PRFs, supportive statements, to include a
statement from the senior rater of the PRF,  correspondence  from  the
IG, and other documentation pertaining to the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
lieutenant colonel, with a date of rank (DOR) of 1 Nov 00.  His  Total
Active Federal Military Service Date (TAFMSD) is 1 Aug 84, as  is  his
Total Active Federal Commissioned Service Date (TAFMSD).

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1996
follows:

      PERIOD ENDING    EVALUATION

      20 Mar 96  Meets Standards
      20 Mar 97  Meets Standards
       7 Jun 98  Training Report
       7 Jun 99  Meets Standards
       7 Jun 00  Meets Standards
       7 Jun 01  Meets Standards
       7 Jun 02  Meets Standards
       7 Jun 03  Meets Standards
       4 Jun 04  Meets Standards
  #    3 May 05  Meets Standards
       7 Mar 06  Meets Standards

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of colonel  by  the  CY05A  and  CY06B  Colonel
Boards.

By  letter,  12  Dec  06,  the   applicant   was   notified   by   the
Superintendent, IG, that he was the subject of an IG  complaint  which
opened on 17 Sep 04 and closed on  27  Jun  05.   The  allegation  was
unsubstantiated.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommends denial indicating that PRFs were considered  by
the Management Level Review (MLR) between 14 Jul  05  and  3  Aug  05.
PRFs were provided to members on or about 12 Aug 05.  The CSB  met  on
12 Sep 05.  Based on the timeline, the wing commander should have been
aware of the completed and unsubstantiated IG complaint prior  to  the
MLR and CSB.  PRFs are not a matter of record until the CSB  convenes;
this enables PRFs to  be  changed  up  to  the  promotion  board.   In
accordance  with  the  governing  instruction,  it  is  the  officer’s
responsibility to contact the senior rater to discuss the PRF if it is
not accurate, omits pertinent information,  or  has  an  error.   They
presume  the  applicant  received  a  copy  of   the   contested   PRF
approximately 30 days before the CSB.  After reviewing  the  PRF  with
his senior rater, he could have corrected  or  appealed  its  contents
prior to the promotion board.  All changes to PRFs should be completed
not later than two weeks  prior  to  the  CSB.   However,  in  extreme
circumstances and on a case-by-case basis, changes will be approved up
to the duty day prior to the CSB.  For minor administrative changes or
positive content changes, the MLR President concurrence is  necessary.
The ML will notify AFPC/DPPPEB to place an immediate  “Stop  File”  on
the affected officer’s PRF(s).   The  senior  rater  must  notify  the
affected officer (in writing or, if verbal, follow-up in  writing)  of
the intent to change the PRF.  The senior rater forwards the corrected
PRF to the ML and provides a copy  to  the  officer.   Based  on  this
information, AFPC/DPPPEP believes the senior rater had ample  time  to
submit a “Stop File” on the applicant’s PRF.

According to AFPC/DPPPEP, a PRF is not erroneous or unfair because the
applicant believes it contributed to a nonselection for  promotion  or
may impact future  promotion  or  career  opportunities.   The  simple
willingness by evaluators to upgrade, rewrite, or void a report is not
a valid basis for doing so.

In AFPC/DPPPEP’s view, the applicant seems to be under the  impression
that the selection board’s review of an officer’s record stops at  the
PRF and that they do not delve any further into the  record.   On  the
contrary, the CSB evaluates the entire  record  to  assess  the  whole
person concept.  While the PRF may not be worded the way the applicant
would like to describe his accomplishments, the  selection  board  had
his entire Officer Selection Record (OSR) that  clearly  outlined  his
accomplishments since the day he came on active duty.

A complete copy of the AFPC/DPPPEP’s evaluation is at Exhibit C.

AFPC/DPPP recommends denial based on AFPC/DPPPEP’s  recommendation  to
deny the appeal.

A complete copy of the AFPC/DPPP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory  opinions  and  furnished  a  response
indicating, in summary, that the Air Force Personnel  Center’s  (AFPC)
assertions were based upon him being aware of the negative, behind-the-
scenes discussions, which he was not.  It  was  not  until  the  board
results were  announced  and  a  meeting  occurred  between  the  wing
commander and himself that the disparaging facts came to light.  Prior
to that, there were no reasons to contest his PRF or the process.   He
believes negative influences from  the  open  IG  inquiry  and  biased
inputs prevented a fair, accurate,  and  objective  PRF  process  from
taking place.  This excluded him from competing at the  United  States
Air Force in Europe (USAFE) MLR and  denied  him  an  equal  promotion
opportunity.

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.   The  applicant’s  complete
submission was thoroughly reviewed, including the statements from  the
wing commander and the senior rater, and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  The applicant contends the contested
PRF was unjust because it was based on biased inputs provided  to  the
new wing commander  by  the  outgoing  wing  commander  and  the  vice
commander concerning an open IG inquiry  resulting  from  a  complaint
against  him  by  a  member  of  his  squadron.   The  allegation  was
unsubstantiated.  A review of the available evidence reveals that PRFs
were considered by the MLR between 14 Jul 05 and 3 Aug  05,  and  that
they were provided to members around 12 Aug 05.  The CSB  convened  on
12 Sep 05.  Since the unsubstantiated IG complaint was  closed  on  27
Jun 05, we, too, are of the opinion that the new wing commander should
have been aware of that fact.  We also believe  there  was  sufficient
time for appropriate action to have taken  place,  particularly  since
the contested PRF was not a matter of record until the  CSB  convened.
In view of the foregoing, and in the absence of sufficient evidence to
the contrary, we agree with the recommendation of the  OPR  and  adopt
its rationale as the basis for our decision  that  the  applicant  has
failed to sustain his burden of establishing he has suffered either an
error or an injustice.  Accordingly, the applicant’s requests that his
CY05A PRF be voided and replaced, and his records be considered by  an
SSB are not favorably considered.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-00497 in Executive Session on 15 Aug 07, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 10 Apr 07.
    Exhibit D.  Letter, AFPC/DPPP, dated 19 Apr 07.
    Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.
    Exhibit F.  Letter, applicant, dated 17 May 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair