RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00148
		INDEX CODE:  114.02, 131.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) rendered for the period 30 May 98 through 29 May 99, be replaced with a corrected OPR.

2.  He be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2000 (CY00A) and the CY01B central selection boards.

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APPLICANT CONTENDS THAT:

Due to an oversight on part of his rating chain, the OPR contains errors of omissions that resulted in an unjust and inaccurate evaluation of his performance and potential.  In particular, the OPR omits recommendations for Professional Military Education (PME) or command potential.  His rater, additional rater, and reviewer agree that the OPR should be replaced with a corrected report.  He previously submitted an application through the Evaluation Reports Appeal Board (ERAB) that was denied.  The ERAB assumes that all OPRs receive exhaustive reviews prior to becoming a matter of record.  However, history has shown that not all OPR reviews are either exhaustive or flawless.  

In support of his request applicant provided a personal statement, a corrected OPR, documents associated with his ERAB appeal, and letters of support from his rating chain.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant was appointed a second lieutenant, Reserve of the Air Force, on 14 Mar 85 and was voluntarily ordered to extended active duty on that same date.  He has been progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Nov 96.  He was considered and not selected for promotion to the grade of lieutenant colonel by the CY00A (28 Nov 00) and the CY01B (5 Nov 01) Central Lieutenant Colonel Selection Boards.  He currently has a projected date of separation of 30 Apr 02.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPPPE reviewed applicant's request and recommends denial.  DPPPE states that the applicant cites several cases previously disapproved by the ERAB, because they were based on omitted job and PME recommendations that were later approved by the AFBCMR.  However, he did not provide copies of the case files to determine if the cases are similar or the AFBCMR deliberation records to show the individuals' statements that were considered when the decisions were rendered.  The rating chain originally stated the PME, command recommendations and stratification were missing due to an oversight.  Later the rater explained the omissions were due to lack of training or guidance addressing the importance of these statements and that the subsequent OPR contained the recommendations.  However, he did not explain why the error was not addressed until after the applicant's nonselection for promotion.  The DPPPE evaluation is at Exhibit C.

AFPC/DPPPO reviewed applicant's request, concurs with the DPPPE advisory, and recommends denial.  The DPPPO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 1 Mar 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  In support of his contention, the applicant provided credible evidence from his rating chain, which has led us to believe that the contested OPR did not accurately portray their assessment of his promotion potential.  Given the unequivocal support from the senior Air Force officers involved, and having no plausible reason to doubt their integrity in this matter, we believe that the contested OPR should be declared void and replaced with a corrected OPR, and that he should be considered by SSB for promotion to the grade of lieutenant colonel.  Therefore, in view of the above findings, 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 AF Form 707A, Field Grade Officer Performance Report (OPR), rendered for the period 30 May 1998 through 29 May 1999, be declared void and removed from his records; and, the attached OPR be accepted for file in its place.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY00A Central Lieutenant Colonel Selection Board and for any subsequent boards in which the above correction was not a matter of record.

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The following members of the Board considered Docket Number 02-00148 in Executive Session on 10 Apr 02, 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 9 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPE, dated 31 Jan 02.
     Exhibit D.  Letter, AFPC/DPPO, dated 20 Feb 02
     Exhibit E.  Letter, SAF/MRBR, dated 1 Mar 02.

					

AFBCMR 02-00148

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 AF Form 707A, Field Grade Officer Performance Report (OPR), rendered for the period 30 May 1998 through 29 May 1999 be, and hereby is, declared void and removed from his records; and, the attached OPR be accepted for file in its place.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY00A Central Lieutenant Colonel Selection Board and for any subsequent boards in which the above correction was not a matter of record.

                                                                            

Attachment:
OPR