RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01036
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The Officer Performance Report (OPR) rendered for the period
21 Jan 05 through 20 Jan 06 be replaced with an amended report he
has provided.
1. His record, to include the amended report, be considered by a
Special Selection Board (SSB) for the Calendar Year 2008 (CY08B)
Lieutenant Colonel Central Selection Board (CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contested report had no stratification due to
misunderstandings on the part of his rater and additional rater.
Also, he did not receive the same level of review as his peers.
In support of his appeal, the applicant provides a personal
statement, copies of the original January 2006 performance
report, the amended performance report, and letters from his
rater and additional rater.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
major.
The applicant was considered and not selected for promotion to
the grade of lieutenant colonel by the CY08B and CY09B CSBs.
Applicants OPR profile is listed below.
PERIOD ENDING OVERALL EVALUATION
30 Apr 01 Meets Standards (MS)
24 Aug 01 TNG RPT
30 APR 02 MS
PERIOD ENDING OVERALL EVALUATION
20 Jan 03 MS
20 Jan 04 MS
20 Jan 05 MS
*20 Jan 06 MS
20 Jan 07 MS
20 Jan 08 MS
20 Jan 09 MS
*Contested Report
The applicant filed an appeal with the Evaluation Report Appeals
Board (ERAB). The ERAB denied his request.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDEP recommends denial. DPSIDEP notes a report is not
erroneous or unfair because the individual believes it
contributed to a nonselection for promotion or may impact future
promotion or career opportunities. The Board recognizes that
nonselection for promotion is, for many, a traumatic event, and
the desire to overturn that nonselection is powerful motivation
to appeal. Furthermore, the Board is careful in keeping the
promotion and evaluations issues separate. The willingness by
evaluators to upgrade, rewrite or void a report is not a valid
basis for doing so. The request to add optional statements to an
evaluation report or PRF will normally not form the basis for a
successful appeal, as these statements are not mandatory for
inclusion and their omissions does not make the report
inaccurate. The applicant must prove the contested report is
erroneous or unjust based on its content. Furthermore, the
stratification is not a mandatory comment and the absence of
stratification does not make the report inaccurate or unjust.
The complete AFPC/DPSIDEP's evaluation is at Exhibit C.
AFPC/DPSOO recommends denial for SSB consideration based on the
AFPC/DPSIDEP advisory.
The complete AFPC/DPSOO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Jun 10, for review and comment within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion the applicant has failed to sustain his burden of
proof of the existence of an error or injustice. The applicant
believes the absence of stratification on the report in
question led to his nonselection for promotion. We note the
lack of stratification on a performance reports does not make
the report inaccurate or unjust. Air Force policy is that
statements such as, PME, push recommendation or
stratification are not mandatory for inclusion on performance
reports. We find the evidence submitted, to include the
statements from his rating chain, provide no evidence which
would lead us to believe the contested report is not an
accurate assessment of his performance during the period in
question, was erroneously prepared, or that the assigned rating
was in error or contrary to the provisions of the governing
instruction. Therefore, we find no basis to recommend granting
the relief sought in this application.
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-2010-01036 in Executive Session on 23 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01036 was considered:
Exhibit A. DD Form 149, dated 8 Mar 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDEP, dated 10 May 10.
Exhibit D. Letter, AFPC/DPSOO, dated 21 May 10.
Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10.
Panel Chair
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