RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00318
		INDEX NUMBER:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The close-out date of his 30 Jul 99 Officer Performance Report (OPR) be changed to 13 Jul 99; and that Sections VI (Rater Overall Assessment), line 9, and VII (Additional Rater Overall Assessment), line 5, on the OPR closing 6 March 1999 be changed from “CD” to “CC”; and, that he be considered for promotion to the grade of colonel by Special Selection Boards for the CY99A (2 Aug 99) and CY00A (17 Jul 00) colonel boards with the corrected reports.

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APPLICANT CONTENDS THAT:

His original DEROS from overseas was in Jul 99 and would have generated an OPR with a departure date after 4 Jul (based on 120 days of supervision).  He extended until Aug 99, but the OPR was not closed out until 30 Jul, and was not considered as a part of his promotion folder for the Aug 99, Colonel promotion board.  Because of the extreme operation tempo, his report was not expedited as is common processing practice in order for them to be made a part of the promotion folder.

Applicant states that he mistakenly referenced the current AFI 36-2406 in a previous request to have his Jul 99 OPR closing dates altered.  HQ AFPC returned the request without action and cited AFI 36-2402, the AFI in force during the period in question.  He further states the fact remains that OPR processing is commonly hastened to ensure promotion board consideration; his rater, additional rater, and reviewer concur.

In support of his appeal, applicant provided a personal statement, copies of his OPRs closing 6 Mar 99 and 30 Jul 99; DISA-PAC assignment orders and amendments; letters of support from his rater, additional rater and reviewer for his OPR closing 6 Mar 99 and a copy of his ERAB package.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s total active federal commissioned service date (TAFCSD) is 18 May 1978.  He is currently serving in the grade of lieutenant colonel, having been promoted to that grade, effective 1 May 1994.

Applicant's OPR profile for the last ten reporting periods follows:

	PERIOD ENDING	OVERALL EVALUATION

	 6 Mar 92	Meets Standards (MS)
	 6 Mar 93	MS
	 6 Mar 94	MS
	 6 Mar 95	MS
	 6 Mar 96	MS
	 6 Mar 97	MS
      6 Mar 98	MS
   *  6 Mar 99	MS
   # 30 Jul 99	MS
	30 Jul 00	MS

*Contested report - top report on file when considered and nonselected for promotion by the CY99A Colonel Selection Board, which convened on 2 Aug 99.

# Contested report - the report was signed by the rater 8 Sep 99, the additional rater on 14 Sep 99, and the reviewer on 28 Oct 99.  It was the top report on file when considered and nonselected for promotion by the CY00A Colonel Selection Board, which convened on 17 Jul 00.

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AIR FORCE EVALUATION:

The Performance Evaluation Section, HQ AFPC/DPPPEP, and the Evaluation Programs Branch, HQ AFPC/DPPPE, considered and recommended that the applicant’s request be denied.  They accepted the Evaluation Report Appeals Board (ERAB) findings and stated that IAW AFI 36-2402, the Officer Evaluation System, the closeout date on the contested report is accurate.  Therefore, it would not be appropriate to change the closeout date.  They further state the applicant’s request to change the job recommendation on his 6 Mar 99 OPR from “GP/CD” TO “GP/CC” is not prohibited and can be placed on a lieutenant colonel’s report; therefore, they have no objection to granting the applicant’s request to change the last line in Sections VI and VII to “GP/CC.”

Complete copies of the Air Force evaluations are at Exhibits C and D.

The Officer Promotion, Appts, & Sel Cont. Br., HQ AFPC/DPPPO, also considered the applicant’s request for reconsideration by a special selection board.  They state based on the recommendation of HQ AFPC/DPPPEP, they would not object to promotion reconsideration by the P0699A and P0600A, because the 6 Mar 99 report was a matter of record for both boards.

As to the 30 Jul 99 report they pointed out that it is not realistic to hold the Air Force accountable for expedition of reports that close out in close proximity to the promotion boards.  They further state the applicant’s rating chain signed the contested report after the promotion board, indicating to them, they had no intention to expedite the processing of the report.  They recommended denial of the applicant’s request for SSB consideration on this issue.

A complete copy of the Air Force evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluation and requested that his July 1999 report also be included for supplemental consideration (Exhibit F).

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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 warranting a change to the job recommendation on the OPR rendered for the period 7 March 1998 to 6 March 1999.  After reviewing the comments provided from the Air Force, it appears that the recommendation that was proposed by the rater was not prohibited.  The rater has provided a statement indicating that he wanted to include a recommendation for “GP/CC” on the report; however, he was advised that it was prohibited.  The additional rater and reviewer concurred with the rater’s statement.  In view of this, we believe that the OPR closing 6 March 1999 should be amended to include the job recommendation of “GP/CC.”  A majority of the Board further recommends that the applicant be considered for promotion by Special Selection Boards (SSBs) for the CY99A and CY00A Central Colonel Selection Boards with the corrected report included in his records.
4.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting correction to the contested OPR rendered for the 7 March 1999 to 30 July 1999.  After reviewing the evidence of record, the majority of the Board is not persuaded that the close out date of the contested OPR closing 30 July 1999 should be changed.  The majority of the Board notes that the report was processed in accordance with the applicable Air Force instruction in effect at that time.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds no basis upon which to recommend a change to this report.

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RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Field Grade Officer Performance Report, AF Form 707A, rendered for the period 07 March 1998 through 06 March 1999, be amended in Sections VI (Rater Overall Assessment) line 9, and VII (Additional Rater Overall Assessment), line 5, to read “…GP/CC” rather than “…GP/CD.”

It is further recommended that he be considered for promotion to the grade of colonel by Special Selection Board for the Calendar Year 1999A and any subsequent boards for which the now corrected OPR was a matter of record.

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The following members of the Board considered this application in Executive Session on 13 June 2001, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

By unanimous decision, the Board voted to grant applicant’s request to change the job recommendation on the OPR closing 6 March 1999, to read “GP/CC.”  A majority of the Board voted to grant Special Selection Board (SSB) consideration by the CY99A and CY00A Central Colonel Selection Boards with the corrected OPR included in the applicant’s records.  Mr.   voted to deny SSB consideration and did not desire to submit a minority report.

By a majority vote, the Board voted to deny the request for a change of the close out date on the OPR closing 30 Jul 99.  Mr.   voted to grant the request and did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Jan 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPEP, dated 23 Feb 01.
     Exhibit D.  Letter, HQ AFPC/DPPPE, dated 19 Mar 01.
     Exhibit E.  Letter, HQ AFPC/DPPPO, dated 23 Mar 01.
     Exhibit F.  Letter, SAF/MIBR, dated 6 Apr 01.
     Exhibit G.  Letter, Applicant, dated 23 May 01.

                                   
                                   Panel Chair

AFBCMR 01-00318

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 Field Grade Officer Performance Report, AF Form 707A, rendered for the period 07 March 1998 through 06 March 1999, be and hereby is, amended in Sections VI (Rater Overall Assessment) line 9, and VII (Additional Rater Overall Assessment), line 5, to read “…GP/CC” rather than “…GP/CD.”

It is further directed that he be considered for promotion to the grade of colonel by Special Selection Board for the Calendar Year 1999A and any subsequent boards for which the now corrected OPR was a matter of record.

		
		Director
		Air Force Review Boards Agency