RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02244
            INDEX CODE:

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 JAN 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her referral officer performance report (OPR) closing 31 May 00 and
all attachments be removed from her permanent record and  that  the
corrected record be considered by a Special Selection  Board  (SSB)
for the CY04A (1 Nov 04) (P0404A)  Major  Central  Selection  Board
(CSB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

She  is  requesting  removal  of  these  items  in  light  of   the
information  received  concerning  the  support  for  the  referral
statement in the report.  Applicant  states  the  referral  OPR  is
based upon the findings of an Accident  Investigation  Board  (AIB)
report for the C-130 aircraft mishap of 10 Dec 99.  Since the AIB’s
findings, three separate reviews of the AIB have been conducted and
each review has concluded the findings of the AIB  were  incorrect.
She has provided a  memo  with  details  of  her  request  and  the
supporting   documentation.    This   memorandum   and   supporting
documentation proved the false nature of the referral statement  by
highlighting the lack of support for the statements.

In support of her appeal, applicant provided a personal  statement;
a copy of the referral OPR  with  attachments;  AIB  Findings;  Air
Force Flight Standards Agency (AFFSA) Review 1 of AIB; AFFSA review
2 of AIB, and Advanced Instrument School (AIS) review of the AIB.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is a captain with an effective date and date of  rank  of
29 May 00.  She is currently serving with a Duty Title of  Training
Flight CC / T-6 IP.

Applicant's OPR profile follows:

      PERIOD ENDING    OVERALL EVALUATION

      02 Jan 97  Meet Standards (MS)
      24 Jul 97  Training Report (TR)
      24 Apr 98  TR
      24 Apr 99  MS
*     31 May 00  MS
      31 May 01  MS
      01 Mar 02  TR
      12 Mar 02  MS
      12 Mar 03  MS
      12 Mar 04  MS
      12 Mar 05  MS
      26 Oct 05  TR
      12 Mar 06  MS

* The contested report closing 31 May 00 reflects,  the  rater  and
additional rater signed the report on 9 Jun 00; the reviewer signed
it on 23 Jun 00.  The applicant provided a rebuttal to the referral
report, which was undated.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPEP reviewed this application  and  recommended  denial.
The applicant did not file an appeal under the provisions of AFI 36-
2401,  Correcting  Officer   and   Enlisted   Evaluation   Reports,
20 Feb 04.  The applicant states the contested OPR was  based  upon
the findings of an Accident Investigation Board (AIB) for the C-130
aircraft mishap of 10 Dec 99 in Southwest Asia.  After the findings
were announced, three separate reviews of the  AIB  were  conducted
and each review concluded the findings of the AIB  were  incorrect.
The contested report was made referral for the comment  in  Section
VII stating, “Member of crew found casual by accident investigation
board in 10 Dec 99  flt  mishap  of  aircraft  63-7854.”   The  AIB
determined that her actions as copilot were  contributing  factors.
Applicant provided numerous slides to support her  case.   However,
in cases involved in investigations, the applicant must  provide  a
copy of an official investigation  or  a  summary  of  an  official
investigation overturning the original determination  in  order  to
prove her case.  HQ AFPC/DPPPEP cannot validate  where  the  slides
came from and whether they are official documents.   The  applicant
has provided two memoranda from the USAF Advance Instrument  School
(AIS); however these memoranda do not  override  the  AIB  decision
since the documents are not from a formal investigation.  This data
is the result of an unofficial interpretation of  the  AIB  results
for  instructional  purposes,  done  without  benefit  of  all  the
evidence available to the AIB.  This interpretation has no  bearing
on the AIB results and was not made available to the rating  chain.
Officially, per the AIB, the applicant was a casual factor  in  the
incident rendering this OPR factually  true.   The  applicant  must
provide official supporting documents to prove her case.

HQ 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
on 15 Sep 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice warranting a correction to  the
record.  The applicant contends that  her  OPR  (referral)  closing
31 May 00 was based on an AIB report on a C-130 aircraft mishap  in
Dec 99, where the applicant was found casual by the AIB.   However,
subsequent to the AIB findings, two agencies, the Headquarters, Air
Force Flight Standards Agency (HQ  AFFSA)  and  the  USAF  Advanced
Instrument School (AIS)  cited  unofficially  that  their  findings
revealed serious errors in the  AIB’s  regulatory  interpretations.
We found, based on the evidence of record, applicant’s referral OPR
was processed in accordance with the governing instruction and that
the applicant did not file  a  formal  appeal.   Additionally,  the
Board  noted  the  opinion  and  recommendation   of   the   Chief,
Evaluations Programs Branch.  Nonetheless, in our opinion, although
unofficial,  the  documentation  submitted  in   support   of   the
applicant’s appeal raised some doubt  on  the  credibility  of  the
AIB’s findings which resulted in the applicant’s  referral  report.
Therefore, to preclude the  possibility  of  an  injustice  to  the
applicant, we believe the referral report closing 31 May 00 and any
attachments should be voided and that the corrected  record  should
be considered by  Special  Selection  Board  for  the  CY04A  Major
Central Selection Board and any subsequent boards to which  she  is
entitled based on the corrected record.

___________________________________________________________________


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 AF Form 707B, Company Grade Officer Performance
Report, rendered for the period 25 April 1999 through 31 May  2000,
and all attachments, be, and hereby are, declared void and  removed
from her records.

             b.  It  is  further  recommended  that  her  corrected
record, to include the above correction be considered for promotion
to the grade of major by a Special Selection Board  (SSB)  for  the
Calendar Year (CY) CY04A Major  Central  Selection  Board  and  any
subsequent boards that this OPR was a matter of record.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-02244 in Executive Session on 21 February 2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Barbara R. Murray, Member

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

     Exhibit A.  DD Form 149, dated 18 Jul 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 6 Sep 06.
     Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2006-02244




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 AF Form 707B, Company Grade Officer Performance
Report, rendered for the period 25 April 1999 through 31 May 2000,
and all attachments, be, and hereby are, declared void and removed
from her records.

            b.  It is further directed that her corrected record,
to include the above correction be considered for promotion to the
grade of major by a Special Selection Board (SSB) for the Calendar
Year (CY) CY04A Major Central Selection Board and any subsequent
boards that this OPR was a matter of record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency