RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02140
            INDEX CODES:  111.02, 131.09

            COUNSEL:  RICHARD V. STEVENS

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF) prepared for consideration  by
the Calendar Year 2005B (CY05B) Major Central Selection Board (CSB) be
declared void and removed from his records, and a  reaccomplished  PRF
be accepted for file in its place.

His Officer Performance Report (OPR) rendered for the period 10 Jun 05
to 4 May 06 be declared void and  removed  from  his  records,  and  a
reaccomplished OPR be accepted for file in its place.

His record be corrected to reflect award of  the  Defense  Meritorious
Service Medal (DMSM).

His corrected record be considered for promotion to the grade of major
by a Special Selection Board (SSB) for the CY05B Major CSB.

By amendment, his mandatory retirement from active duty,  effective  1
Nov 08, be delayed to pending a decision by the Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on the confusion caused by the realignment of units at Royal Air
Force (RAF) Menwith Hill to a new wing, the  promotion  recommendation
process was flawed.  He believes his PRF  was  written  by  the  wrong
person, and he did not have an opportunity to review the PRF.

His OPR  at  his  assignment  at  RAF  Menwith  Hill  should  also  be
reaccomplished and he should have been awarded the DMSM.

In support of  his  appeal,  the  applicant  provides  copies  of  the
reaccomplished PRF and OPR, documentation  pertaining  to  his  appeal
through the Evaluation Reports Appeals Board (ERAB) and the DMSM,  and
other documents associated with 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
that on 31 Oct 08, he was  relieved  from  active  duty  and  retired,
effective 1 Nov 08 in the grade of captain.  His Total Active  Federal
Military Service Date (TAFMSD) is 7 Oct 88.

Applicant's  Officer  Performance  Report  (OPR)  profile  since  1998
follows:

      PERIOD ENDING    EVALUATION

      17 Jul 98  Meets Standards
       9 Jun 99  Meets Standards
       9 Jun 00  Meets Standards
       9 Jun 01  Meets Standards
       9 Jun 02  Meets Standards
       9 Jun 03  Meets Standards
       9 Jun 04  Meets Standards
  #    9 Jun 05  Meets Standards
 ##    4 May 06  Meets Standards
       4 May 07  Meets Standards

 # Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of major by the CY05B Major CSB.

## Top Report at the  time  he  was  considered  and  nonselected  for
promotion to the grade of major by the CY06B Major CSB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDEP recommends denial indicating that  upon  receipt  of  the
application, they requested that the applicant  provide  a  substitute
OPR and PRF in accordance  with  the  governing  instruction,  and  he
provided a reaccomplished OPR and PRF.   Unfortunately,  the  OPR  was
only signed by the individual the applicant contends should have  been
the rater and he explained  the  absence  of  the  additional  rater's
signature was due to her  retirement.   However,  the  individual  the
applicant states should have been the additional  rater  is  still  on
active duty.  Additionally, the PRF the applicant submitted was signed
by the individual who signed the  new  OPR  as  the  rater,  which  is
incorrect since only the  senior  rater  can  sign  the  PRF  and  the
individual was not a senior rater.  In addition, AFPC/DPSIDEP reviewed
the Program Action Directive (PAD) 03-01 signed  on  2 Mar 05  by  the
Chief of Staff of the Air Force and verified that the  correct  senior
rater  indorsed  the  contested  PRF.   Additionally,  they  found  no
procedural errors in either  the  PRF  or  the  OPR.   Therefore,  the
applicant  has  no  basis  that  justifies  having  his  PRF  and  OPR
reaccomplished.

A complete copy of the AFPC/DPSIDEP evaluation, with  attachments,  is
at Exhibit C.

AFPC/DPPPR  recommends   denial   indicating   that   based   on   the
recommendation  from  the  applicant’s  higher  headquarters   in   an
electronics transmission, dated 9 Feb 08, the request to resubmit  the
DMSM recommendation package to the approval authority was denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
Feb 08 for review  and  response  within  30  days  (Exhibit  E).   By
electronic mail (e-mail), dated 28 Mar  08,  the  applicant  requested
that his appeal be administratively closed (Exhibit F).

Applicant reviewed the advisory  opinion  and  furnishes  a  response,
indicating, in part, that based on the errors he has described in  his
response and the additional documentary evidence he has  provided,  he
again requests consideration of his appeal.  Additionally, he requests
that his mandatory retirement from active duty on 1 Nov 08 be  delayed
to allow for a decision in his case.

Applicant’s complete response, with attachments, is at Exhibit H.

By  e-mail,  dated  20  Oct  08,  the  applicant  provides  additional
documentary evidence for the Board’s consideration, which is  attached
at Exhibit I.

_________________________________________________________________

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 regarding the applicant’s request that
his  CY05B  PRF  and  4  May  06  OPR  be  voided  and  replaced  with
reaccomplished reports.  After  a  thorough  review  of  the  evidence
presented, we are persuaded that corrective  action  is  warranted  in
this case.  We took particular note of the statements from the  senior
rater  of  the  reaccomplished  PRF  and   the   evaluators   of   the
reaccomplished OPR, indicating they were the appropriate senior  rater
and evaluators of the contested reports.  There is before us no  basis
to  question  the  integrity  of  these  individuals.   Therefore,  we
recommend the applicant’s CY05B PRF and 4 May 06  OPR  be  voided  and
replaced with a reaccomplished PRF and OPR.  We  also  recommend  that
his corrected record be considered for promotion to the grade of major
by the CY05B Major CSB.

4.  The applicant’s request that his records be corrected  to  reflect
award  of  the  DMSM  is  not  within  the  purview  of  this   Board.
Accordingly, his request is not favorably considered.

5.  We note the applicant’s request that his mandatory retirement from
active duty be delayed pending a decision by the Board.   However,  in
accordance with the governing instruction, the  Board  does  not  stay
other proceedings pending a final resolution  of  a  particular  case.
Accordingly, his request is not favorably considered.

_________________________________________________________________

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  Promotion  Recommendation  Form  (PRF),  AF  Form  709,
prepared for consideration by the Calendar Year  2005B  (CY05B)  Major
Central Selection Board, be declared void and removed from his records
and the attached PRF, reflecting in  the  last  line  of  Section  IV,
Promotion Recommendation, “#3/25 multi-Service 0-3s at  DoD  site  &#1
chapl in my Wing!  Combat leader w/breadth/depth...res IDE...DP!,”  be
accepted for file in its place.

      b.  The Company Grade OPR, AF IMT 707B, rendered for the  period
10 Jun 05 through 4 May 06, be declared  void  and  removed  from  his
records  and  the  attached  OPR,  reflecting  in  the  last  line  of
Section VI "#3 of 25 multi-service  0-3s  assigned  to  my  DoD  Field
Site...ready to be Senior Protestant—IDE in residence!,"  be  accepted
for file in its place.

It is further recommended that his record, to include the attached PRF
and OPR, be considered for promotion  to  the  grade  of  major  by  a
Special Selection Board for the CY05B Major  Central  Selection  Board
and for any subsequent boards for which the corrected  OPR  closing  4
May 06, was not a matter of record.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02140 in Executive Session on 30 Sep 08 and 27 Oct 08, under  the
provisions of AFI 36-2603:

      Mr. Wallace F. Beard, Jr., Panel Chair
      Mr. Steven A. Cantrell, Member
      Ms. Marcia Jane Bachman, Member

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

     Exhibit A.  DD Form 149, dated 4 Jul 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDEP, dated 28 Jan 08, w/atchs.
     Exhibit D.  Letter, AFPC/DPPPR, dated 15 Feb 08.
     Exhibit E.  Letter, SAF/MRBR, dated 29 Feb 08.
     Exhibit F.  E-mail, applicant, dated 28 Mar 08.
     Exhibit G.  E-mail, AFBCMR, dated 28 Mar 08.
     Exhibit H.  Letter, applicant, dated 28 Aug 08, w/atch.
     Exhibit I.  E-mail, applicant, dated 20 Oct 08, w/atchs.




                                   MARCIA JANE BACHMAN
                                   Acting Panel Chair







AFBCMR BC-2007-02140




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 , be corrected to show that:

            a.  The Promotion Recommendation Form (PRF), AF Form 709,
prepared for consideration by the Calendar Year 2005B (CY05B) Major
Central Selection Board, be, and hereby is, declared void and removed
from his records and the attached PRF, reflecting in the last line of
Section IV, Promotion Recommendation, “#3/25 multi-Service 0-3s at DoD
site &#1 chapl in my Wing!  Combat leader w/breadth/depth...res
IDE...DP!,” be accepted for file in its place.

            b.  The Company Grade OPR, AF IMT 707B, rendered for the
period 10 June 2005 through 4 May 2006, be, hereby is, declared void
and removed from his records and the attached OPR, reflecting in the
last line of Section VI "#3 of 25 multi-service 0-3s assigned to my
DoD Field Site...ready to be Senior Protestant—IDE in residence!," be
accepted for file in its place.

      It is further directed that his record, to include the attached
PRF and OPR, be considered for promotion to the grade of major by a
Special Selection Board for the CY05B Major Central Selection Board
and for any subsequent boards for which the corrected OPR closing 4
May 2006, was not a matter of record.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Attachments:
1.  AF IMT 709
2.  AF IMT 707B