RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00784 

 COUNSEL: 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His Officer Performance Report (OPR) closing 25 March 2004 
be voided and replaced with a reaccomplished OPR with approved 
modifications. 

 

2. His Promotion Recommendation Form (PRF) prepared for the 
Calendar Year 2004B (CY04B) Lieutenant Colonel Central Selection 
Board (CSB), be voided and replaced with a reaccomplished PRF 
with approved modifications. 

 

3. His Officer Selection Record (OSR) prepared for the CY04B CSB 
be corrected to include the amended Meritorious Service Medal 
(MSM) dated 7 July 2004, for “Outstanding Achievement.” 

 

4. He be given special selection board (SSB) consideration with 
his corrected record. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The applicant contends the strength of the promotion 
recommendation on the PRF was negatively influenced by the 
erroneous stratification on the OPR; and his deployed information 
was not available to the senior rater when the PRF was written. 

 

The MSM dated 7 July 2004, was erroneously excluded from the 
CY04B promotion board. A corrected MSM was submitted on 24 May 
2005, to the 26 September 2005 SSB; however, the MSM reflected 
“Meritorious Service” vice “Outstanding Achievement.” 

 

To correct the errors and injustice, he should meet an SSB with a 
complete and accurate record that includes the modified OPR, PRF, 
and corrected MSM. 

 

In support of his request, the applicant provides a legal brief 
with numerous attachments, copies of the contested OPR, PRF, OSB, 
and a reaccomplished OPR and PRF. 

 

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

 

_________________________________________________________________ 

STATEMENT OF FACTS: 


 

The applicant is currently serving in the Regular Air Force in 
the grade of major, having assumed that grade effective and with 
a date of rank of 1 August 2000. His Total Active Federal 
Military Service Date is 12 November 1989. 

 

The applicant submitted two appeals for his OPRs closing out 
25 March 2004 through the Evaluation Reports Appeals Board (ERAB) 
under the provisions of AFI 36-2401, Correcting Officer and 
Enlisted Evaluation Reports. The ERAB approved his initial 
request and changed the stratification from “3/10” to “2/9.” 

 

His second request was disapproved IAW AFI 36-2401, which states 
a report is not erroneous or unfair because the applicant 
believes it contributed to a non-selection 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. For example, requests to add 
optional statements (such as PME, job/command "push" 
recommendation, or stratification) to an evaluation report or PRF 
will normally not form the basis for a successful appeal. As 
these statements are not mandatory for inclusion, their omission 
does not make the report inaccurate. It must be proven that a 
report is erroneous or unjust based on its content. 

 

The ERAB disapproved two other requests to have the applicant’s 
PRFs reaccomplished under the provisions of AFI 36-2401, which 
states changes to an officer's record of performance must, in 
effect, remove negative information from an officer’s record or 
add positive information which was not previously known. A 
simple administrative change to an evaluation report rarely meets 
this criteria. 

 

On 2 May 2005, AFPC/DPSOO approved the applicant’s request to 
amend the condition for his MSM from “Meritorious Service” to 
“Outstanding Achievement.” 

 

On 26 September 2005, the applicant was considered by an SSB; 
however, he was not selected. 

 

The applicant has six nonselections to the grade of lieutenant 
colonel by the CY04B, CY05A, CY06A, CY07B, and CY08B Cental 
Selection Boards (CSBs). 

 

 

 

 

 

 

 

The applicant’s OPR profile since 2000 as a major: 


 

 PERIOD ENDING EVALUATION 

 

 8 Oct 00 Meets Standard (MS) 

 26 Jul 01 MS 

 21 Jan 02 MS 

 21 Jan 03 MS 

 *# 24 Mar 04 MS 

 25 Mar 05 MS 

 25 Mar 06 MS 

 

 * Contested Report 

 

 # Top report at the time he was considered and nonselected for 
promotion to the grade of lieutenant colonel by the CY04B 
(12 July 2004) CSB. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDEP recommends denial of the applicant’s request to 
replace his OPR and PRF. DPSIDEP states reports are considered 
accurate as written unless substantial evidence to the contrary 
is presented. Any report can be written to be hard-hitting to 
provide embellishment or enhance the ratee’s promotion potential. 
DPSIDEP states this is just an attempt to obtain another 
promotion opportunity. The applicant’s additional rater’s 
statement even alludes to an embellished report when referring to 
the personnel community indicating a bottom-line stratification 
of “1/8”, making a greater impact. 

 

Each version the applicant has submitted is more embellished than 
the last; however, the stratification remains the same, top 
7 percent and any significant changes regarding the deployment 
are excluded. The only real change is a more embellished 
bottomline. It is evident in this case there is no purported 
error or injustice regarding the contested report other than the 
stratification. The appeal process does not exist to recreate 
history or enhance chances for promotion. The time to makes 
changes to a report is before it becomes a matter of record. 

 

The complete DPSIDEP evaluation is at Exhibit B. 

 

AFPC/DPSOO recommends denial of his request for SSB consideration 
based on the recommendation from DPSIDEP to deny the applicant’s 
request to replace his OPR and PRF. However, DPSOO recommends 
granting SSB consideration with the amended MSM citation. 

 

The complete DPSOO evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 


The applicant’s counsel states the most striking aspect of 
DPSIDEP’s opinion is the lack of analysis and concomitant 
reliance on unsupported conclusory remarks. Petitioners before 
the Board are advised to fully support and document each 
contention. On the other hand, DPSIDEP simply skips over all the 
points raised and substantiated by the applicant with worn 
shortcut buzz phrases like “recreate history” or “just an attempt 
to obtain another promotion opportunity” and “only real change is 
a more embellished bottomline.” Their analysis can be summed up 
in one line, “We’ve seen all this before; this guy just wants 
another shot at promotion.” It is sad to see the petition of an 
officer with the applicant’s service record given such short 
shrift. In regards to DPSOO’s recommendation to grant SSB 
consideration with the corrected MSM, the applicant agrees with 
this recommendation and reiterates his request for corrections to 
the OPR and PRF. In the event the Board does not see fit to 
grant the relief regarding the OPR and PRF, the applicant 
requests the corrected OPR (“2/9”), as approve by ERAB, be 
included in the subsequent SSB. 

 

The applicant’s counsel complete response is at Exhibit E. 

 

_________________________________________________________________ 

 

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 an error or injustice. After 
carefully reviewing the evidence of record, we find that the 
contested OPR and PRF are neither unjust nor inaccurate and 
believe they should stand as written. Therefore, we agree with 
the opinions and recommendations of the Air Force offices of 
primary responsibility and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice. While the applicant’s counsel states that DPSIDEP 
“skips over the points raised and substantiated by the 
applicant,” we disagree. In our opinion, DPESIDEP has adequately 
addressed his contentions. The applicant also requests the 
corrected OPR as approved by the ERAB be included in the 
subsequent SSB, if the Board does not see fit to grant the relief 
requested regarding the OPR and PRF. Since the OPR was approved 
by the ERAB, it is now a matter of record and therefore will be 
available for the selection board’s review. 

 

4. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 


correction of his OSB. In this respect, we note the citation to 
accompany the award of the MSM was issued using the incorrect 
condition and his officer selection brief (OSB) did not reveal he 
had been awarded the MSM. In view of the fact his OSB was 
incomplete and in an effort to provide him with fair and 
equitable consideration for promotion, we recommend his record 
with the corrected OSB be considered for promotion to the grade 
of lieutenant colonel by a SSB. Therefore we recommend his 
records be corrected as indicated below. 

 

5. 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 RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that the Air Force 
Officer Selection Brief (OSB) prepared for the Calendar Year 
2004B (CY04B) Lieutenant Colonel Central Selection Board, be 
amended in the "Decorations" section to reflect the Meritorious 
Service Medal, Year (YR) of 2004, and Number of Award (NR AWD) 
“1.” 

 

It is further directed that he be considered for promotion to the 
grade of lieutenant colonel by a Special Selection Board for the 
Calendar Year 2004B Lieutenant Colonel Central Selection Board, 
with the inclusion of his corrected OSB. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2009-00784 in Executive Session on 25 February 2010, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

Member 

 

 

 

 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2009-00784 was considered: 


 

 Exhibit A. DD Form 149, dated 10 Feb 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIDEP, dated 14 Apr 09. 

 Exhibit C. Letter, AFPC/DPSOO, dated 30 Apr 09, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 15 May 09. 

 Exhibit E. Letter, Applicant’s Counsel, dated 9 Jun 09. 

 

 

 

 

 

 Panel Chair 


AFBCMR BC-2009-00784 

 

 

 

 

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 to show that the Officer Selection Brief (OSB) prepared for the Calendar Year 2004B 
(CY04B) Lieutenant Colonel Central Selection Board, be amended in the "Decorations" section to 
reflect the Meritorious Service Medal, Year (YR) of 2004, and Number of Award (NR AWD) “1.” 

 

 It is further directed that he be considered for promotion to the grade of lieutenant colonel 
by a Special Selection Board for the Calendar Year 2004B Lieutenant Colonel Central Selection 
Board, with the inclusion of his corrected OSB. 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency