RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00890
		INDEX CODES:  111.02, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Reports (OPRs) closing 1 May 95, 1 May 96, 31 Mar 97, and 30 Jan 98, be voided and replaced with reaccomplished OPRs.

His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 1999B Central Lieutenant Colonel Selection Board be voided and replaced with a reaccomplished PRF.

He be awarded membership in the Acquisition Corps.

His Air Force Achievement Medal (AFAM), First Oak Leaf Cluster (1OLC), be upgraded to the Air Force Commendation Medal (AFCM), Second Oak Leaf Cluster (2OLC).

His Officer Selection Briefs (OSBs) be corrected to reflect his membership in the Acquisition Corps and award of the AFCM (2OLC).

He be provided Special Selection Board (SSB) consideration with his corrected record.

By amendment, his CY99B PRF be corrected to reflect a Definitely Promote (DP), and/or, he be promoted to the grade of lieutenant colonel.

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APPLICANT CONTENDS THAT:

His record that met the CY98B board and subsequent boards contained substantial errors and injustices, any one of which may have caused his nonselection.  Some errors were unknown to him at the time of the boards and others were beyond his ability to fix.  His appeal package will demonstrate that even after these corrections are made, his record still cannot (due to Air Force policy) fully reflect his actual level of performance, his demonstrated expertise, nor his willingness to go beyond what is required.  

In support of his appeal, the applicant provided copies of the reaccomplished PRF and OPRs, and supportive statements, including statements from his former senior rater, Management Review Level (MLR) president, and members of his rating chain.

Applicant’s complete submission, with attachments, is 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 major, having been promoted to that grade on 1 Mar 96.  His Total Active Federal Military Service Date (TAFMSD) is 25 May 84.

Applicant's Officer Performance Report (OPR) profile since 1991 follows:

	PERIOD ENDING	EVALUATION

	24 May 91			Meets Standards
	 14 Dec 91			Meets Standards
	 18 Jul 92			Meets Standards
	 25 Jun 93			Training Report
	 25 Jun 94			Meets Standards
   *   1 May 95			Meets Standards
   *   1 May 96			Meets Standards
   *  31 Mar 97			Meets Standards
   *# 30 Jan 98			Meets Standards
   ## 30 Jan 99			Meets Standards
      24 Jan 00			Meets Standards
  ### 14 Sep 00			Meets Standards
 #### 28 Jun 01			Meets Standards
##### 15 Jun 02			Meets Standards

* Contested Reports.

    # Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY98B Below-The-Promotion Zone (BPZ) Lieutenant Colonel Board.

   ## Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY99A and CY99B Lieutenant Colonel Boards.

  ### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY00A Lieutenant Colonel Board.

#### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY01B Lieutenant Colonel Board.

##### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY02B Lieutenant Colonel Board.

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AIR FORCE EVALUATION:

AFPC/DPAS recommended denial of the applicant’s request that he be awarded membership in the Acquisition Corps.  AFPC/DPAS noted the applicant’s claim that the positions he filled from 28 Aug 95 to 31 Jan 00 while at the Global Positioning System (GPS) System Program Office at Los Angeles AFB and at the T-1 System Program Office at Wright-Patterson AFB were Critical Acquisitions Positions, and that he should be an Acquisition Corps member.  They also noted his contention that his OSB was incorrect by not reflecting his membership in the Acquisition Corps.  According to AFPC/DPAS, none of these positions were coded as Critical Acquisition Positions.  Therefore, the applicant was not a member of the Acquisition Corps, and his OSB was correct in this respect as it met the board.

A complete copy of the AFPC/DPAS evaluation, with attachments, is at Exhibit C.

AFPC/DPPPR recommended denial of the applicant’s request to upgrade his AFAM (1OLC) to the AFCM (2OLC).  They indicated that the applicant did not provide any documentation to support his allegation that his decoration for achievement was downgraded to the AFAM (1OLC), such as the DECOR-6 and/or narrative from the original recommendation package.  Had the original recommendation been for the AFCM (2OLC), there is a one-year time limit for reconsideration for downgraded decorations.  The closeout date of the decoration was 20 Apr 99, and the applicant did not submit any documentation showing that a request for reconsideration was submitted to the final approval authority prior to 20 Apr 00, or any time after that date.  Paragraph 2.4., AFI 36-2803, The Air Force Awards and Decorations Program, dated 1 Jan 98, states that the Air Force Achievement Medal is awarded for outstanding achievement for a specific act or accomplishment, such as completing important projects, and covers a short period of time with definite beginning and ending dates.

A complete copy of the DPPPR evaluation, with attachments, is at Exhibit D.

AFPC/DPPPE indicated that based on the documentation provided, they recommend the substitution of the 1 May 95, 1 May 96, and 31 Mar 97 OPRs; however, they stated that the appropriate level of PME recommendation for the 1 May 96 and 31 Mar 97 reports should be Intermediate Service School (ISS)--not Senior Service School (SSS).

AFPC/DPPPE recommended denial of the applicant’s request that his CY99B PRF and 30 Jan 98 OPR be replaced with a reaccomplished PRF and OPR.  They indicated that it is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.  The proposed changes to the PRF could have been addressed 30 days prior to the Central Selection Board, when the applicant received his copy.  Most reports can be changed to be stronger, harder hitting, or to add missing stratification but the time to make these changes is before it becomes a matter of record.  Therefore, the retrospective views of the evaluators, years after the reports were written and the member has received nonselect counseling do not override the initial assessment.  To allow the change to his PRF at this time would provide the applicant with an unfair advantage over his competitive peers.  AFPC/DPPPE further indicated that the changes to the 30 Jan 98 OPR are not appropriate since the contested report itself strongly suggested the rating chain was aware of the appropriate job recommendation.

A complete copy of the AFPC/DPPPE evaluation is at Exhibit E.

AFPC/DPPPO indicated that if the AFBCMR decides in favor of the applicant and approves the substitution of the 1 May 95, 1 May 96, and 31 Mar 97 OPRs, then they recommend that SSB consideration be granted based on the corrections to those three OPRs.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a detailed response and additional documentary evidence which are attached at Exhibit H.

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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPASA indicated that the applicant’s contention that his duties support that he served in a Critical Acquisition Position is rejected.  As previously stated, none of the positions were coded as Critical Acquisition Positions.  The applicant’s rebuttal was coordinated with SAF/AQX, which maintains their disagreement with the applicant’s assertion that he served in a Critical Acquisition Position.

A complete copy of the AFPC/DPASA, with attachment, is at Exhibit I.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he had no additional evidence.  However, he disagrees with AFPC/DPASA’s advisory.  His appeal shows that he performed the colonel duties for 19 weeks and the position was, and still is, a Critical Acquisition Position.  His appeal shows he performed duties in three other positions defined as Critical Acquisition Positions.  It shows three of four positions are currently coded as Critical Acquisition Positions.  It also shows the level of responsibility today, meriting credit, is the same level of responsibility he had when he performed the duties.  His appeal shows that credit can be retroactively awarded.  Therefore, he requests credit for performing those duties.

Applicant’s complete response is at Exhibit K.

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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 error or injustice warranting corrective action concerning the applicant’s requests that his OPRs closing 1 May 95, 1 May 96, and 31 Mar 97 be voided and replaced with reaccomplished OPRs, and he be provided SSB consideration with his corrected record. Having carefully reviewed the evidence presented, we agree with the recommendation of AFPC/DPPPE and adopt their rationale as the basis for our decision that the applicant may have been the victim of either an error or an injustice.  We also agree with AFPC/DPPPE that since the applicant was not eligible for an SSS recommendation, the appropriate level of PME recommendation for the OPRs should be ISS rather than SSS. Accordingly, we recommend that the applicant’s records be corrected as set forth below, and that he be provided SSB consideration with his corrected record.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s requests that his OPR closing 30 Jan 98 and his CY99B PRF be voided and replaced with a reaccomplished OPR and PRF; he be awarded membership in the Acquisition Corps; his AFAM (1OLC) be upgraded to the AFCM (2OLC); his OSBs be corrected to reflect his membership in the Acquisition Corps and award of the AFCM (2OLC); his CY99B PRF be changed to a DP; and, he be promoted to the grade of lieutenant colonel.  The applicant’s complete submission was thoroughly reviewed, including the statements from the senior rater, MLR president, and his rating chain, and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility (OPRs) concerning the aforementioned issues.  No clear-cut evidence has been presented which shows to our satisfaction that the OPR closing 30 Jan 98 and CY99B PRF were inaccurate depictions of his performance and promotion potential at the time they were originally prepared, or that he is entitled to Acquisition Corps membership and award of the AFCM (2OLC).  Furthermore, regarding his request for promotion, we note that officers compete for promotion under the whole person concept whereby many factors are carefully assessed by selection boards.  In addition, an officer may be qualified, but in the judgment of a selection board--vested with discretionary authority to make the selections—-may not be the best qualified of those available for the limited number of promotion vacancies.  Therefore, absent evidence that the applicant cannot be given full and fair consideration by a duly constituted SSB, we believe placing the applicant’s corrected record before an SSB is proper and fitting relief.  In view of the foregoing, and in the absence of evidence to the contrary, we agree with the recommendations of the OPRs and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, the applicant’s requests are not favorably considered.

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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:

	a.  The Company Grade Officer Performance Report (OPR), AF Form 707B, rendered for the period 26 Jun 94 through 1 May 95, and the Field Grade OPRs, AF Forms 707A, rendered for the periods 2 May 95 through 1 May 96 and 2 May 96 through 31 Mar 97, be declared void and removed from his records.

	b. The attached Company Grade OPR, AF Form 707B, rendered for the period 26 Jun 94 through 1 May 95, which reflects in Section VI "my CGO/Year," be inserted in his officer selection folder.

	c. The attached Field Grade OPRs, rendered for the periods 2 May 95 through 1 May 96 and 2 May 96 through 31 Mar 97 be amended in the last lines of Sections VI and VII to read "ISS," rather than "SSS," and be inserted in his officer selection folder.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 1998B (CY98B) Below-The-Promotion Zone (BPZ) Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPRs closing 1 May 95, 1 May 96, and 31 Mar 97 were a matter of record.

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The following members of the Board considered AFBCMR Docket Number 02-00890 in Executive Session on 11 Mar 03, 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 8 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAS, undated, w/atchs.
     Exhibit D.  Letter, AFPC/DPPPR, dated 6 Jun 02, w/atchs.
     Exhibit E.  Letter, AFPC/DPPPE, dated 3 Oct 02.
     Exhibit F.  Letter, AFPC/DPPPO, dated 3 Oct 02.
     Exhibit G.  Letter, SAF/MRBR, dated 11 Oct 02.
     Exhibit H.  Letter, applicant, dated 7 Nov 02, w/atchs.
     Exhibit I.  Letter, AFPC/DPASA, dated 24 Jan 03, w/atch.
     Exhibit J.  Letter, SAF/MRBR, dated 31 Jan 03.
     Exhibit K.  Letter, applicant, dated 20 Feb 03.

                                   

AFBCMR 02-00890

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:

		a.  The Company Grade Officer Performance Report (OPR), AF Form 707B, rendered for the period 26 Jun 94 through 1 May 95, and the Field Grade OPRs, AF Forms 707A, rendered for the periods 2 May 95 through 1 May 96 and 2 May 96 through 31 Mar 97, be, and hereby are, declared void and removed from his records.

		b. The attached Company Grade OPR, AF Form 707B, rendered for the period 26 Jun 94 through 1 May 95, which reflects in Section VI "my CGO/Year," be inserted in his officer selection folder.

		c. The attached Field Grade OPRs, AF Forms 707A, rendered for the periods 2 May 95 through 1 May 96 and 2 May 96 through 31 Mar 97 be amended in the last lines of Sections VI and VII to read "ISS," rather than "SSS," and be inserted in his officer selection folder.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 1998B (CY98B) Below-The-Promotion Zone (BPZ) Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPRs closing 1 May 95, 1 May 96, and 31 Mar 97 were a matter of record.

                                                                           

Attachments:
AF Form 707B
AF Forms 707A