RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03494
		INDEX CODE:  111.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 31 May 01 through 19 Apr 02 be declared void and removed from his records; and, he be given Special Selection Board (SSB) consideration with his corrected record.

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APPLICANT CONTENDS THAT:

The contested report was unwarranted and should not be a part of his records.  The wing commander relieved him of command and gave him a referral OPR because he believed there were problems in his squadron which were brought on because he did not reprimand one of his subordinates in a timely manner.  Based on that belief, the wing commander initiated a climate survey and, approximately two weeks later relieved him of command.  He was never shown the results of the climate survey.

He did not initially contest the referral report because he feared reprisal from the wing commander who was also responsible for writing his Promotion Recommendation Form (PRF).  However, he cannot justify accepting a decision that he believes is without merit.

In support of his appeal, the applicant provided an expanded statement, a copy of the contested report, and other documents associated with the matter under review.

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 99.  His Total Active Federal Military Service Date (TAFMSD) is 3 Jan 88.

On 4 Feb 03, the results of the CY02B Lieutenant Colonel Board were released and the applicant was considered and non-selected for promotion to the grade of lieutenant colonel.

Applicant's Officer Performance Report (OPR) profile since 1992 follows:

	PERIOD ENDING	EVALUATION

	11 May 92		Meets Standards
	11 May 93		Meets Standards
	11 May 94		Meets Standards
	11 May 95		Meets Standards
	11 May 96		Meets Standards
	11 May 97		Meets Standards
	11 May 98		Meets Standards
	11 May 99		Meets Standards
	30 May 00		Meets Standards
	30 May 01		Meets Standards
 *#  19 Apr 02               Does Not Meets Standards (Referral)

* Contested Report.

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

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AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial indicating that it is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.  There were no errors or injustices cited in the 19 Apr 02 OPR.  The applicant knew exactly why he was relieved from command, why he received the referral OPR, and the course of action necessary to rebut the referral OPR.  The applicant made the conscious decision not to rebut the OPR at that time.  They concurred with the Evaluation Reports Appeal Board (ERAB) in that the applicant did not provide any documentation to substantiate the rater was incapable, in any way or for any reason, of rendering a fair and accurate assessment.

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

AFPC/DPPPO recommended denial indicating that since the results of the CY02B Central Lieutenant Colonel Selection Board had not been released, the applicant was erroneously requesting SSB consideration.  After reviewing the AFPC/DPPPE advisory, AFPC/DPPPO stated that they had nothing further to add.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that the basis for the referral OPR was unclear and a complete fallacy.  That is the reason he is requesting the AFBCMR remove the report from his military records and that he be provided SSB consideration.  The entire ordeal has been extremely painful for him and his family.  He hopes that the Board will examine all the facts before making a final decision.

Applicant’s complete response, with attachments, is at 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 application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s complete submission was thoroughly reviewed and his contentions were duly noted by the Board.  However, other than his own assertions, no evidence has been presented which would lead a majority of the Board to believe that the applicant’s evaluator was unable to render a fair and honest assessment of his performance and promotion potential, or that the contested report had its basis in factors other than the applicant’s performance.  In view of the foregoing, and in the absence of persuasive evidence that the contested report was not an accurate depiction of his performance at the time it was originally prepared, a majority finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number 02-03494 in Executive Session on 11 Mar 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to deny the application.  Ms. 	 voted to grant the appeal but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 5 Dec 02.
    Exhibit D.  Letter, AFPC/DPPPO, dated 30 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit F.  Letter, applicant, dated 11 Feb 03, w/atchs.

                                   

AFBCMR 02-03494

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.