RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03497
				INDEX CODE:  131.00

	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Reports (OPRs) for the periods 22 Sep 89 through 21 Sep 90 and 22 Sep 90 through 21 Apr 91 be voided; and he be considered for promotion to lieutenant colonel by a Special Selection Board (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPRs in question should be voided on the grounds they were generated and processed in a untimely manner and under difficult supervisory conditions.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

Applicant was considered, but not selected for promotion to the grade of lieutenant colonel by the CY00A and CY01B central selection boards.

The applicant filed an appeal with the Evaluation Reports Appeal Board (ERAB) requesting the OPRs be voided because they were not accomplished in a timely manner, and also, the reports do not accurately reflect his performance.  The ERAB denied the appeal because a lack of timeliness does not invalidate a report or cause it to be inaccurate.

Applicant’s OPR profile is listed below.

			PERIOD ENDING		OVERALL EVALUATION

			  22 Feb 86		1-1-1
			  22 Aug 86		1-1-1
			  22 Feb 87		1-1-1
			  22 Aug 87		1-1-1
			  22 Feb 88		1-1-1
			  21 Sep 89	Education/Tng Report
			  23 Feb 90	Education/Tng Report
NEW SYSTEM
			 *21 Sep 90		Meets Standards
			 *21 Apr 91		Meets Standards
			  10 Dec 91		Meets Standards
			  10 Dec 92		Meets Standards
			  10 Dec 93		Meets Standards
			   9 Apr 94		Meets Standards
			   9 Apr 95		Meets Standards
			   9 Apr 96		Meets Standards
			   9 Apr 97		Meets Standards
			   9 Apr 98		Meets Standards
			   9 Apr 99		Meets Standards
			   9 Apr 00		Meets Standards
			   9 Apr 01		Meets Standards

*Contested Reports.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE states the applicant submitted an appeal to the ERAB to void the contested reports.  The ERAB denied the request to void the OPRs because untimeliness does not invalidate or cause a report to be inaccurate.  The applicant failed to provide the ERAB a clear explanation of how the "difficult supervisory relationship" between the rater and the additional rater affected the content of his reports.

The applicant contends the rater's delay in accomplishing the OPR resulted in a rushed product that was weak in content and created an aberration in his personnel record that did not reflect his high standard of accomplishments as in previous reports.  The performance report reflects performance for a specific period.  The evaluators, along with the applicant inputs, made their assessment of the applicant for that timeframe.  

The additional rater states the rater masked the applicant's performance and he was unaware of the applicant's excellent performance.  The additional rater requested that the rater meet with him to write the OPR.  The applicant provided the additional rater with inputs for use in accomplishing the report.  It is the responsibility of each evaluator to compile the information needed to complete the report.  They are encouraged to seek information from as many sources as possible, to include the ratee.  The additional rater was aware of the applicant's performance from the inputs of the applicant and he could have incorporated those accomplishments in the report while he and the rater were writing the report.  All the accomplishments of the ratee may not be annotated in the report because of limited space, therefore, it is up to the evaluators to determined what accomplishment to include or leave off of the report.

DPPPE recommends denying the requested relief.

A copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPO concurs with the findings of DPPPE and states that SSB consideration is not warranted and they have nothing further to add.  Based on the evidence provided, DPPPO recommends denying the applicant's request.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the updated statement from the additional rater clarifies the difficult supervisory relationship between the additional rater and rater when his report was accomplished.  

He has established the reports were accomplished concurrently, well after the reporting period of the first evaluation.  His evidence shows the reports were completed 304 and 197 days after their close out date.

The additional rater did not arrive until 15 Nov 90 and had no personal knowledge of the applicant's performance and had to rely on the rater in assessing his duty performance.

He has submitted documentation to prove the rater failed to perform his supervisory duties and that the rater and additional rater had a strained work relationship.

He has tried to contact the rater for his review of the facts of his case.  The rater has failed to reply to his request.  The rater's failure to respond to his request affirms his contentions.

He further states he was not selected for promotion by the CY01B lieutenant colonel selection board.  The board results were not available when the opinion was prepared.

He should receive the requested relief because as it stands his records do not reflect an accurate assessment of his performance.

Applicant's complete response, with attachment, is at Exhibit F.

_________________________________________________________________

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 the contested reports are not an accurate reflection of the applicant's duty performance during the time in question.  In the opinion of the Board, the failure of the evaluators to complete the OPRs within the required timeframe put the applicant at an disadvantage before the promotion board.  In view of the foregoing, we believe the applicant suffered an injustice, as a result of the delay in completing his OPRs, and the applicant should be afforded Special Selection Board (SSB) consideration by the CY00A lieutenant colonel central selection board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Company Grade Officer Performance Reports, AF Forms 707B, rendered for the periods 22 Sep through 21 Sep 90 and 21 Sep 90 through 21 Apr 91, 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 a Special Selection Board for the Calendar Years 2000 and 2001 Central Lieutenant Colonel Boards.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 01-03497 in Executive Session on 11 April 2002, 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 6 Nov 01, w/atchs.
   Exhibit B.  Officer Selection Brief.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 30 Jan 02.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 30 Jan 02.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 02.
   Exhibit F.  Letter, Applicant's Response, dated 7 Mar 02,
               w/atch.

					

AFBCMR 01-03497

MEMORANDUM FOR THE CHIEF OF STAFF

	Having reviewed and considered the recommendation of the Air Force Board for Correction for 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, SSN, be corrected to show that the Company Grade Officer Performance Reports, AF Forms 707B, rendered for the periods 22 September 1989 through 21 September 1990 and 22 September 1990 through 21 April 1991, be, and hereby are declared void and removed from his records.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Years 2000 and 2001 Central Lieutenant Colonel Boards.