RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02540
		INDEX CODES:  111.01, 131.01

		COUNSEL:  

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Officer Performance Reports (OPRs) closing 30 Jun 97 and 30 Jun 98 be declared void and removed from his records.

His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 1998A (CY98A) (M0698A) Medical Corps/Dental Corps (MC/DC) Central Colonel Selection Board, which convened on 9 Nov 98, be voided and replaced with a reaccomplished PRF.

The Officer Selection Brief (OSB) prepared for consideration by the CY98A MC/DC Central Colonel Selection Board, which convened on 9 Nov 98, be amended in the "Assignment History" section to reflect the duty title of “Commander, Aerospace Medicine Squadron," rather than the duty title of “Flight Surgeon,” effective 9 Jan 98. 

The OSB prepared for consideration by the CY98A MC/DC Central Colonel Selection Board, which convened on 9 Nov 98, be amended in the "Decorations" section to reflect award of the Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC).

He be given Special Selection Board (SSB) consideration with his corrected records.

His rater and additional rater be held accountable to the Air Force and 56th Fighter Wing standards.

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APPLICANT CONTENDS THAT:

The OPRs closing 30 Jun 97 and 30 Jun 98 were unjust, unfair, and were not honest assessments of his accomplishments during the time periods, and the rater failed to provide adequate feedback.

He was unable to correct the M0698A PRF and OSB prior to the convening of the Board.  His PRF was submitted with an incorrect duty title and job description listing him as a flight surgeon instead of commander.  Those errors were not random.  He believes that they were purposely generated by his commander to give the false impression that he had been relegated from a position of high responsibility to a position of low responsibility.

Few commanders could boast of the achievements, awards, morale, and inspection results of the squadron and deployed clinic he commanded.  For two years, he believes his true accomplishments would rank him as one of the best commanders in the Air Force.  His official records say he was one of the worst.  This is unjust.  He feels that the errors in his PRF and OSB were further manipulations of his record by his rater.  Those errors combined with his unjust OPRs prevented him fair competition in the M0698A promotion board.  He asks that the unjust OPRs be removed from his records, the errors in his PRF and OSB be corrected, and he be allowed to compete as fairly as possible in an SSB.

In support of his appeal, the applicant provided a personal statement, a statement from counsel, a statement from his senior rater, a supportive statement from a co-worker, copies of the contested OPRs, PRF, and OSB, the reaccomplished PRF, and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, are at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of lieutenant colonel, having been promoted to that grade on 30 May 94.  His Total Active Federal Military Service Date (TAFMSD) is 6 Jul 83.

Applicant's OPR profile since 1991 follows:

	PERIOD ENDING	EVALUATION

	28 Feb 91			Meets Standards
	22 May 92			Training Report
	11 Jun 93			Training Report
	30 Jun 94			Training Report
	30 Jun 95			Meets Standards
	30 Jun 96			Meets Standards
  * 30 Jun 97			Meets Standards
 #* 30 Jun 98			Meets Standards
 ## 30 Jun 99			Meets Standards

### 21 May 00			Meets Standards
	21 May 01			Meets Standards

* Contested reports.

  # Top Report at the time he was considered and nonselected for promotion to the grade of colonel by the CY98A (9 Nov 98) Colonel Board.

 ## Top Report at the time he was considered and nonselected for promotion to the grade of colonel by the CY99A (8 Nov 99) Colonel Board.

### Top Report at the time he was considered and nonselected for promotion to the grade of colonel by the CY00A (6 Nov 00) Colonel Board.

By letter, dated 19 Nov 01, AFPC/DPPPOC notified the applicant that, in response to his 29 Aug 01 application for correction of his military records, they were granting his request for SSB consideration which will consider his record for the CY98A (9 Nov 98), CY99A (8 Nov 99), and CY00A (6 Nov 00) Central Colonel Selection Boards, to include a correction to his 9 Jan 98 duty history entry and missing AFCM (1OLC) on his OSB for those boards.

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AIR FORCE EVALUATION:

AFPC/DPMAF2 indicated that the applicant’s duty history has since been corrected to replace the “Flight Surgeon” duty title with “Commander, Aerospace Medicine Squadron.”  This matches his OPRs.

A complete copy of the AFPC/DPMAF2 evaluation is at Exhibit C.

AFPC/DPPP recommended denial of the applicant’s requests to void his OPRs closing 30 Jun 97 and 30 Jun 98, and void his M0698A PRF and replace it with a reaccomplished PRF.  AFPC/DPPP noted that the applicant’s duty history has been corrected to delete the erroneous entry in the PDS.  According to AFPC/DPPP, to change the PRF, the applicant should have included documentation from both the senior rater and the management level review (MLR) president indicating their concurrence.  However, he only provided concurrence from the senior rater.  AFPC/DPPP also noted that the applicant did not file an Inspector General or Military Equal Opportunity complaint.  In their view, the applicant needs to provide documentation from the MLR president before they can recommend changing the PRF.

A complete copy of the AFPC/DPPP evaluation is at Exhibit D.

AFPC/DPPPO recommended approval of SSB consideration for the requests concerning the applicant’s duty title and missing AFCM (1OLC) from his OSB.  They deferred to the AFBCMR for a decision on SSB consideration to include voided OPRs and a substitute PRF.

A complete copy of the DPPPO evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 7 Dec 01 for review and response.  As of this date, no response has been received by this office (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 portion of the application pertaining to the CY98A PRF was timely filed.

3.  The portion of the application pertaining to the OPRs closing 30 Jun 97 and 30 Jun 98 was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice regarding the applicant’s request that his CY98A PRF be voided and replaced with a reaccomplished PRF.  

	a. After a thorough review of the available evidence, we are persuaded that the applicant’s duty title and job description on his PRF were erroneous.  Therefore, we recommend that the CY98A PRF be voided and replaced with a reaccomplished one and that the applicant be given appropriate SSB consideration with his corrected record.

	b. Although not an issue raised by the applicant, we note that the aforementioned PRF appears to contain a factual error regarding the applicant’s deployment.  It indicates that it was in support of DESERT STORM.  However, we believe it should have been SOUTHERN WATCH OR DESERT THUNDER.  Nevertheless, in our view, it is a harmless error and we are not inclined to recommend any favorable action concerning this matter.

	c. We note that the applicant’s requests concerning his duty title and the AFCM (1OLC) have been corrected administratively and he is being provided SSB consideration as a result of his corrected records.  Therefore, no further action is required regarding these requests.

5.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice regarding the applicant’s requests that his OPRs closing 30 Jun 97 and 30 Jun 98 be declared void and removed from his records; and, that his rater and additional rater be held accountable to the Air Force and 56th Fighter Wing Standards.

	a. Applicant contends that the contested OPRs were not honest assessments of his accomplishments and that the rater failed to provide adequate feedback.  By regulation, evaluators are tasked with the responsibility of assessing a ratee’s performance, honestly and to the best of their ability, based on their observance of an individual’s performance.  No evidence has been presented which has shown to our satisfaction that the evaluators were unable to render unbiased evaluations of the applicant’s performance or that the OPRs were based on factors other than the applicant’s duty performance during the contested rating periods. Furthermore, a rater’s failure to provide feedback is not sufficient basis to invalidate a report, if such failure did exist.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend favorable action on the applicant’s request that the contested OPRs be voided and removed from his records.

	b. We note the applicant’s request that his rater and additional rater be held accountable to the Air Force and 56th Fighter Wing standards.  However, such a request is not within the purview of this Board.  Therefore, his request is not favorably considered.  If the applicant’s believe such action is warranted, we suggest he file a complaint with the Inspector General.

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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, AF Form 709, prepared for consideration by the CY98A Medical Corps/Dental Corps Central Colonel Selection Board, which convened on 9 Nov 98, be declared void and removed from his records; and, the attached reaccomplished PRF, with a duty title of “Commander, Aerospace Medicine Squadron,” be accepted for file in its place.

It is further recommended that he be considered for promotion to the grade of colonel by a Special Selection Board for the CY98A Medical Corps/Dental Corps Central Colonel Selection Board, which convened on 9 Nov 98, with inclusion of the reaccomplished PRF.

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The following members of the Board considered Case Docket Application Number 01-02540 in Executive Session on 10 Jan 02, under the provisions of AFI 36-2603:
Chair
Vice Chair
Member

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

     Exhibit A.  DD Form 149, dated 29 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPMAF2, dated 18 Sep 01.
     Exhibit D.  Letter, AFPC/DPPP, dated 3 Dec 01.
     Exhibit E.  Letter, AFPC/DPPPO, dated 3 Dec 01.
     Exhibit F.  Letter, SAF/MRBR, dated 7 Dec 01.

                                   

AFBCMR 01-02540

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 be corrected to show that the Promotion Recommendation, AF Form 709, prepared for consideration by the CY98A Medical Corps/Dental Corps Central Colonel Selection Board, which convened on 9 Nov 98, be, and hereby is, declared void and removed from his records; and, the attached reaccomplished PRF, with a duty title of “Commander, Aerospace Medicine Squadron,” be accepted for file in its place.

		It is further directed that he be considered for promotion to the grade of colonel by a Special Selection Board for the CY98A Medical Corps/Dental Corps Central Colonel Selection Board, which convened on 9 Nov 98, with inclusion of the reaccomplished PRF.

Attachment:
AF Form 709