RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-00141
			INDEX CODE:  112.05
			COUNSEL:  NONE

			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  The Officer Performance Report (OPR) closing 5 June 2000 be declared void and replaced with a reaccomplished report for the same period.

2.  He be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the CY00A Colonel Selection Board.

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APPLICANT CONTENDS THAT:

His Group Commander, Deputy Group Commander, Group Executive Officer and himself all had a permanent change of station (PCS) from the 37th TRG between 1 June 2000 and 7 July 2000.  As a result, the OPR that should have been in his record when it met the 17 July 2000 colonel promotion board was missing.  This did not show up in the missing report because there was a current OPR in the record, but it failed to recognize a significant amount of work accomplished during the preceding nine months.  The missing OPR, coupled with a missing medal, presumably sent a message to the promotion board that his service at Lackland AFB was somehow lacking.

In support of his request, the applicant submits a reaccomplished OPR signed 30 October 2000, memorandums dated 20 December 2000 and 26 December 2000 endorsed by the applicant's former and current group commander and wing commander as well as copies of e-mail traffic between the applicant and his former commanders (Exhibit A).

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant in the Air Force Reserve and was ordered to extended active duty on 19 September 1979.  He was integrated into the Regular Air Force and was progressively promoted to the grade of lieutenant colonel with a date of rank of 1 June 1996.  Subsequent to his promotion to that grade, he received six (6) Officer Performance Reports (OPRs) in which the overall evaluations were "Meets Standards." He was considered and non-selected for promotion to the grade of colonel by the CY00A (P0600A) Colonel Selection Board that convened on 17 July 2000.

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AIR FORCE EVALUATION:

The Officer Promotions, Appointments, and Selection Continuation Branch, AFPC/DPPPO, indicated their interpretation of the applicant’s request is that he wants to change the date-filed stamp on his OPR to reflect 5 June 2000.  The date stamp on each document field in the officer selection record (OSR) reflects the date the document was filed and became an official matter of record.  To comply with the applicant’s request, DPPPO would, in effect, have the OPR filed before the final evaluator completed the document on 30 October 2000 and DPPPO does not support this action.

DPPPO states that while it may be argued that the missing OPR and Meritorious Service Medal (MSM) 4th OLC were factors in the applicant’s nonselection, there is no clear evidence that their absence negatively impacted his promotion opportunity.  DPPPO is not convinced the absence of the OPR and decoration contributed to the applicant’s nonselection.  Furthermore, the applicant has not substantiated that an administrative error occurred in the processing of his OPR prior to the convening date of the selection board in question.

DPPPO is of the opinion that to grant the applicant the relief he requests would be unfair to all other officers who also had several months of undocumented accomplishments and were also nonselected.  As such, DPPPO is opposed to granting the applicant any form of relief and does not support promotion consideration by the P0600A board (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed and disagreed with the Air Force evaluation.  He continues to assert that this is not simply a case of an OPR being filed late, and that it is unfair to him not to have had his OPR in his OSR when the promotion board met on 17 July 2000.  In further support of his appeal, he provided a copy of a reaccomplished OPR, signed on 6 June 2000 by his original rater and additional rater, and two letters from his former commanders expressing their support and opinion concerning his promotion potential.  A complete copy of the applicant's rebuttal, with attachments, is at Exhibit E.

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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 probable error or injustice.  The Board took note of the rater’s and senior rater’s statement indicating that the original OPR was lost and that the applicant should not be penalized for this administrative error.  In view of these statements, we recommend that the contested OPR be declared void and replaced with the reaccomplished report.  In addition, we recommend his record to include the reaccomplished report closing 5 June 2000, be considered for promotion to the grade of colonel by SSB for the CY00A selection board.  As a matter of information, applicant should take the necessary steps to have the citation for the MSM (4OLC) filed in his records prior to the convening of the SSB. 
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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 707A Field Grade Officer Performance Report, rendered for the period, 11 September 1999 through 5 June 2000, be, and hereby is, declared void and removed from his records.

b.  The attached reaccomplished AF Form 707A Field Grade Officer Performance Report (OPR), rendered for the period 11 September 1999 through 5 June 2000, be inserted in his records in place of the voided OPR.

It is further recommended that his record, to include the reaccomplished OPR closing 5 June 2000, be considered for promotion to the grade of colonel by Special Selection Board for the CY00A Colonel Selection Board.

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The following members of the Board considered this application in Executive Session on 14 June 2001, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 12 Jan 01 w/atchs.
     Exhibit B.  Applicant’s Master personnel Records
     Exhibit C.  Letter, AFPC/DPPPOO, dated 12 Feb 01.
     Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
     Exhibit E.  Applicant’s Response, dated 22 May 01 w/atchs.

                                  
                                  Panel Chair

AFBCMR 01-00141

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 APPLICANT, be corrected to show that:

a.  The AF Form 707A Field Grade Officer Performance Report, rendered for the period, 11 September 1999 through 5 June 2000, be, and hereby is, declared void and removed from his records.

b.  The attached reaccomplished AF Form 707A Field Grade Officer Performance Report, (OPR) rendered for the period 11 September 1999 through 5 June 2000, be inserted in his records in place of the voided OPR.

It is further directed that his record, to include the reaccomplished OPR closing 5 June 2000, be considered for promotion to the grade of colonel by Special Selection Board for the CY00A Colonel Selection Board.

Attachment:
Reaccomplished OPR