RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00969
		INDEX NUMBER:  131.00

	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

The promotion recommendation form (PRF) rendered on him for the CY99B (30 Nov 99) Central Lieutenant Colonel promotion board be replaced with a new PRF and/or “Definitely Promote” (DP) overall recommendation.

He be considered for promotion to lieutenant Colonel by special selection board (SSB) for the CY99B Lieutenant Colonel Central Selection Board.

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APPLICANT CONTENDS THAT:

The Officer Performance Report (OPR) rendered on him for the period 10 Jul 98 through 9 Jul 99 may not have been fully considered by the Air Combat Command (ACC) Management Level Review (MLR) board for the CY99B Lieutenant Colonel Promotion Board.

The OPR closing out 9 Jul 99 was not signed by the reviewer until 18 Oct 99 and was not in his records at the start of the ACC MLR conducted 21 through 22 Oct 99.

Since the OPR closing out 9 Jul 99 was not available at the start of the review or was entered into the review at some point during the proceedings, there is the strong potential that either the MLR board did not fully evaluate his entire record of performance or the late entry caused a negative bias to the review.

He has the support of his senior rater and the MLR Board President to replace the PRF rendered on him for the CY99B Central Lieutenant Colonel promotion board.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  His Total Active Federal Military Service Date is  30 May 1984.  The applicant was considered and not selected for promotion to lieutenant Colonel by the CY99B and CY00A (28 Nov 00) central lieutenant colonel selection boards.  A review of the applicant’s last ten OPRs reflects overall ratings of “meets standards.”  The applicant appealed the PRF rendered on him for the CY99B lieutenant colonel selection board to the Evaluation Reports Appeal Board (ERAB) on 1 December 2000.  The ERAB denied his appeal on 29 March 2001.

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AIR FORCE EVALUATION:

The Directorate of Personnel Program Management, AFPC/DPPPO, evaluated this application and addressed the applicant’s request for promotion consideration by SSB.  They recommend denial of the applicant’s request.

The applicant filed a similar appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted evaluation Reports, which the ERAB denied.  The ERAB decided that the applicant’s documentation did not support his contention of a material error, so they denied his request.

The complete evaluation is at Exhibit C.

AFPC/DPPP conducted a second evaluation to address the applicant’s request for a revised PRF.

Applicant alleges that his most recent OPR was missing from his MAJCOM records when the MLR began.  While the OPR may have been completed outside the prescribed timeliness, his evaluator (who signed the OPR on 18 Oct 00) realized it was missing from the MAJCOM record and “acquired the OPR and took it to the board.”  The applicant further alleges that his senior rater was not aware of powerful and superior stratification performance statements such as Squadron Field Grade Officer of the Year and Aerospace C2 & ISR Center Jabara/Sijan Awards nominee.  It is unclear whether the applicant is referring to his senior rater or the MLR president.  Had this vital information been missing from the applicant’s PRF, he would have a strong case for appeal.  However, both of these statements, found in the applicant’s last OPR were also noted in his PRF, meaning not only did the senior rater and the MLR president have access to this information, so did the other members of the MLR.

The applicant provided an unsigned e-mail, which quoted the 93 ACW/CC as stating he noticed the OPR was missing after “50% of the records had been reviewed.”  The quality review process is specifically designed, among other things, to allow senior raters to discover and correct these sorts of errors.  The fact that this error was caught in the review process and rectified before scoring is evidence that the quality review served its purpose.

The applicant’s package clearly shows that his OPR, while not initially available to the MLR, was provided before the scoring process began.  The OPR in question was the basis for at least two comments on his PRF.  And, finally, “the replacement” PRF is a verbatim copy of the original, with the exception of a recommended “DP” rating.  These facts suggest that the perceived errors were not significant enough to affect the overall outcome of the MLR.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluations in a three-page letter with nine attachments.  The applicant states that he has provided evidence to supplement his case consisting of amplifying factors with highlights of career accolades to substantiate promotion.

He states that bias in the judgement of his records caused by lack of accountability by his chain of command during the period of 7 Jul 00 to 24 Oct 00 did not allow for his promotion to lieutenant colonel.

The applicant indicates that in his present position he is required to take a crew of men and women into hostile fire and execute the Joint Force Commander’s intent using wartime rules of engagement (ROE) without deviation.  Failure on his part in application of ROE could result in criminal liability or potentially the loss of friendly forces.  The applicant further states that the ROE prescribed within Air Force Instructions (AFIs) were violated during the completion of his OPR and PRF.  Specifically, he states that AFI 36-2402, 1 July 1996 was violated as follows:

	  A.  Paragraph 3.6.4.3.  His OPR was signed 101 days late by the senior rater.

	  B.  Paragraph 4.4.1.2 and 4.4.1.3.  The Senior Rater was not knowledgeable of his most recent performance or solely responsible for evaluating Record of Performance (ROP).

The closeout date for PRF completion was well past before the OPR was ready and was not reviewed by the Senior Rater.  Someone else drafted the PRF and the Senior Rater weighed the merits of his incomplete ROP against other candidates.  He states that he was not stationed at the same location as his senior rater as two of the individuals he competed against were.  Due to his lack of proximity to the Senior Rater and the Senior Rater’s ability to see his performance was a factor.  The applicant states that a cursory view of his ROP would show a complete perfect career.

The applicant states that to change an overall rating on a PRF to “Definitely Promote” (DP) requires concurrence of both the senior rater and MLR president.  He succeeded and obtained concurrence.  There was no need to change anything else on the PRF.  The DP along changes his record.

The applicant states that a signed statement from his commander articulates that the missing and late OPR was a distracter to his excellent records.  Regardless of the timing, any potential for bias at the Management Level Review Board represented an unfair disadvantage.  He states that the statements “My Best Major” and “AC2ISRC Field Grade Officer, 2nd Qtr” were not known or reviewed by the Senior Rater prior to the PRF completion or “until 50% of the records had been reviewed” by the MLR board resulting in the most important, vital information missing from the PRF.  The applicant provides further examples that show his outstanding duty performance.

The applicant reiterates that he has the concurrence of his senior rater with a new PRF and a “DP” promotion recommendation.  The MLR board president also concurs.  He asks the AFBCMR right the oversight during his initial consideration and to grant him promotion to lieutenant colonel.

The applicant’s complete response is at 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.  The Board was primarily persuaded by the support the applicant received from both his senior rater and president of the MLR to change his PRF.  We also note that due to the lateness of the applicant’s OPR closing out 9 Jul 99, there are questions over its impact during the MLR process.  The Board believes that any doubt should be resolved in favor of the applicant.  Therefore, we recommend that the record be corrected as indicated below.

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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 the Promotion Recommendation Form (PRF), prepared for the CY99B Central Lieutenant Colonel Selection Board, be, and hereby is, declared void and removed from his records and replaced with the attached reaccomplished Promotion Recommendation Form with an overall recommendation in block nine of “Definitely Promote.”

It is further recommended that his record, to include the above referenced corrected PRF, be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY99B Central Lieutenant Colonel Selection Board.

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The following members of the Board considered this application in Executive Session on 26 July 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 4 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 5 Jun 01,
                 w/atch.
     Exhibit D.  Memorandum, AFPC/DPPP, dated 5 Jun 01, 
     Exhibit E.  Letter, SAF/MIBR, dated 15 Jun 01.
     Exhibit F.  Letter, Applicant, dated 29 Jun 01, w/atchs.

                                   
                                   Panel Chair

AFBCMR 01-00969

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 XXXXXXXXX, be corrected to show that the Promotion Recommendation Form (PRF), prepared for the CY99B Central Lieutenant Colonel Selection Board be, and hereby is, declared void and removed from his records and replaced with the attached reaccomplished Promotion Recommendation Form with an overall recommendation in block nine of “Definitely Promote.”

	It is further directed that his record, to include the above referenced corrected PRF, be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY99B Central Lieutenant Colonel Selection Board.

		
		Director
		Air Force Review Boards Agency

Attachment
Reaccomplished PRF