RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01243
		INDEX CODE:  111.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His officer performance report (OPR) rendered for the period 1 Jul 96 through 30 Jun 97, be removed from his records and he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 98B (CY98B) Lieutenant Colonel Selection Board.
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APPLICANT CONTENDS THAT:

The OPR contains an overall assessment, which outlines a major just doing his day-to-day job, that was unjustifiably inferior based on the duties he performed during the rating period.  The assessment is clearly inconsistent with assessments before and after the rating period.  In reality, he was serving in a position historically reserved for lieutenant colonels with 24 months of joint experience.  

In support of his request, applicant provided a copy of the contested OPR and the OPRs he received prior to and after the contested OPR, character reference letters, his Inspector General (IG) letter, a printout from the AFPC Joint Officer Management Homepage, a draft OPR, and, documents associated with his Evaluation Reports Appeals Board (ERAB) application.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reveals that on   15 May 82, applicant was appointed a second lieutenant, Reserve of the Air Force and was voluntarily ordered to extended active duty on 10 Jan 83.  He was integrated into the Regular Air Force on 19 Mar 86 and was progressively promoted to the grade of major having assumed that grade effective and with a date of rank of   1 Sep 94.  He was considered and not selected for promotion to the grade of lieutenant colonel by the CY98B, CY99A, CY99B, and CY00A Lieutenant Colonel Selection Boards.  He currently has a projected date of separation of 31 Jan 07. 

Applicant’s OPR profile since promotion to the grade of major is as follows:

		PERIOD ENDING	OVERALL EVALUATION

			30 Jun 95	MEETS STANDARDS (MS)
			30 Jun 96			MS
			30 Jun 97*			MS
			30 Jun 98			MS
			18 Dec 98		TRAINING REPORT
			17 Jun 99			MS
			14 Jun 00			MS

* - Contested Report.

A similar appeal by the applicant was considered and denied by the Evaluation Reports Appeal Board (ERAB).

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AIR FORCE EVALUATION:

The Chief, Promotion, Evaluation and Recognition Division, AFPC/DPPPEP, reviewed applicant’s request and recommends denial.  DPPPEP states that to effectively challenge an OPR it is necessary to hear from all the members of the rating chain, not only for support, but also for clarification/explanation.  The applicant has failed to provide any information/support from his rating chain.  He filed an IG complaint that was found to be unsubstantiated.  OPRs written before and after the contested OPR clearly depict a superior officer.  It is not reasonable to compare one report covering a certain period of time with another report covering a different period of time.  This does not allow for a change of performance and does not follow the intent of the governing instruction.  

Any report can be rewritten to be harder hitting, to provide embellishments, or enhance the ratee’s promotion potential.  However, the time to do that is before the report becomes a matter of record.  It is DPPPEP’s opinion that, since the applicant has not provided substantial evidence to the contrary, the report is accurate as written (see Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation and states that the procedure of forwarding the OPR to the base personnel office (for review to assure compliance with prescribed format and completeness of data entries) before being reviewed by the ratee, 

prevented the discovery of administrative oversights and an error in his records, the inaccurate 30 Jun 97 OPR and the absence of his 30 Jun 98 OPR.  The time of discovery of the injustice was after the OPR became a matter of record, which did not allow for correction prior to his promotion board.  Promotion board members indicated that the inaccurate OPR and the absence of his 30 Jun 98 OPR were determining factors in his nonselection for promotion.

Attempts to remedy the administrative oversights in his promotion folder provided substantial evidence that evaluations by officers in other branches of the armed forces were inaccurate because of a lack of understanding of Air Force evaluations and created a change in procedures at the Joint Training Analysis and Simulation Center (JTASC).  AFI 36-2402 substantially revised AFR 36-10 by making provisions that ensure first time supervisors were properly trained.  When the designated reviewer is not an Air Force officer, an Air Force evaluator is designated to advise reviewers on matters pertaining to Air Force OPRs.  It was not until after his inaccurate OPR became a matter of record that the OPR training program for sister services was reviewed at JTASC. 

His performance during the time period of the contested OPR was superior to that of the OPRs that preceded and followed the contested report.  The overall assessment was unjustifiably inferior based on the duties he performed.  He was a major serving as the Unified Endeavor 98-1 Project Officer, which was historically reserved for lieutenant colonels with 24 months of joint experience.  He received a Joint Service Achievement Medal (JSAM) for service during the period and was selected for the extremely competitive billet at the Armed Forced Staff College.  Applicant quoted comments from his JSAM citation and quoted some of the laudatory comments regarding his performance while attending the Armed Forces Staff College.  

In further support of his request applicant provided a copy of his JSAM; AF Form 475, Education Training Report covering the period 28 Sep 98 through 18 Dec 98; and, additional copies of documents he previously submitted.  His complete submission 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence of record, we are persuaded that favorable consideration of the applicant’s request is warranted.  In this respect, given the unequivocal support from senior Air Force and Army officers who were in positions to directly observe his performance, and having no basis to question their integrity, we believe a reasonable doubt has been established as to whether or not the Officer Performance Report (OPR) closing 30 June 1997, is a true and accurate assessment of his performance.  We note as well that the senior Air Force representative attempted to replace the OPR prior to the June 1998 selection board with an OPR that was indicative of his capabilities and more congruent with Air Force standards.  Additionally, based on the evidence provided we believe that a personality conflict may have existed between the applicant and his rater that hindered that individual’s ability to objectively assess the applicant’s performance.  In consideration of all of the circumstances of this case it is our opinion that the benefit of any doubt in this matter should be resolved in his favor.  Accordingly, we recommend that his records be corrected to the extent 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 Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 1 July 1996 through 30 June 1997, be declared void and removed from his records.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 1998B (CY98B) Lieutenant Colonel Selection Board, and for any subsequent boards for which the OPR closing 30 June 1997 was a matter of record.

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The following members of the Board considered this application in Executive Session on 21 Aug 01, under the provisions of AFI 36‑2603:

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

     Exhibit A.  DD Form 149, dated 24 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPEP, dated 5 Jun 01, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.
     Exhibit E.  Letter, Applicant, dated 9 Jul 01, w/atchs.

					
								Panel Chair

AFBCMR 01-01234

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 (OPR), AF Form 707A, rendered for the period 1 July 1996 through 30 June 1997, be, and hereby is, declared void and removed from his records.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 1998B (CY98B) Lieutenant Colonel Selection Board, and for any subsequent boards for which the OPR closing 30 June 1997 was a matter of record.

                                                                            Director
                                                                            Air Force Review Boards Agency