RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03639
				INDEX CODE:  131.00

	APPLICANT 	COUNSEL:  NONE

	SSN		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Officer  Performance  Report (OPR) rendered  for the  period 1 April 1999 through 31 March 2000 be removed from his records; Promotion Recommendation Form (PRF) prepared for the CY00A central lieutenant colonel selection board be removed from his records and replaced with a reaccomplished report; and he receive promotion consideration by a Special Selection Board (SSB).

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APPLICANT CONTENDS THAT:

His OPR was biased, unjust and wrong and was written because he used the chain of command and his rater’s petty jealousy.

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

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STATEMENT OF FACTS:

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

The applicant submitted an application to the Evaluation Reports Appeal Board (ERAB).  The ERAB declined to make a decision and directed the application be returned without action because it was incomplete.

Applicant was considered, but not selected for promotion to the grade of lieutenant colonel by the CY00A, CY01B and CY02B central lieutenant colonel selection boards. 

Applicant’s OPR profile as a major is listed below.

			PERIOD ENDING		OVERALL EVALUATION

		      31 Mar 97		Meets Standards
		      31 Mar 98		Meets Standards
		      31 Mar 99		Meets Standards
		    * 31 Mar 00		Meets Standards
		  ***  3 May 01		Meets Standards
		  **** 3 May 02		Meets Standards

    * Contested OPR & Top report at time of CY00A Lt Col Bd
   ** Top report at time of CY01B Lt Col Bd
  *** Top report at time of CY02B Lt Col Bd

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AIR FORCE EVALUATION: 

HQ AFPC/DPPPE states the applicant contends when his rater gave him the OPR, the rater stated the OPR was not well written with intentional white space.  The applicant feels this was unjust in that it intentionally sent an adverse message to the promotion board.  In accordance with AFI 36-2402, there is no requirement to completely “fill in” the entire rater’s block.  There was not a violation of policy or procedure by the rater not completely filling the rater’s assessment block.

In regard to the applicant’s allegation that the rater intentionally wrote the wrong PME statement by recommending him for a course he had already completed and was ineligible to attend, DPPPE concurs with the applicant that the rater’s PME recommendation was inappropriate.  The rater should have decided to either make an appropriate PME recommendation or not make a recommendation.  However, it is clear that the rater’s intent was to make a PME recommendation; therefore, it would be appropriate to make the next level PME recommendation of SSS.

The applicant provided supporting documentation from his additional rater and reviewer in his request to have his OPR voided.  The additional rater has not provided any new information that he did not know previously that would have influenced his decision.  However, the additional rater does allude to there being comments on the applicant’s performance feedback indicating a strong potential of bias, but he did not go on record to confirm or deny that there was actual bias, nor did he give specific examples of bias and the applicant has not provided the feedback worksheet confirming any biased comments.

Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  The applicant has not provided any evidence to substantiate the OPR in question was written with bias.

DPPPE recommends denying the applicant’s request to have his OPR removed from his records; however, they do recommend changing the PME recommendation in the rater’s and additional rater’s assessment blocks from ACSC to SSS. 

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

HQ AFPC/DPPPO reviewed the DPPPE advisory and has nothing further to add.  Based on the evidence provided and the DPPPE advisory, DPPPO recommends the applicant’s request be denied.

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

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluations and reiterates that the OPR in question was biased.  His former rater intentionally left white space to send a negative perception.  This OPR continues to tarnish his “outstanding across the board” performance record.

A copy of the applicant’s response, with attachments, is attached 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant consideration for promotion to the grade of lieutenant colonel by a Special Selection Board.  After reviewing the evidence of record, we are persuaded the contested OPR was not an accurate assessment of the applicant’s accomplishments during the contested time period.  In this respect, we are persuaded based upon the statements from the additional rater and reviewer, that there appears to have been bias on the rater’s part when he prepared the contested report.  Also, as noted by the Air Force, the rater indicated the incorrect level of PME on the contested report.  Further, it would appear that the contested report influenced the senior rater when he prepared the contested PRF for the CY00A board.  The senior rater has signed a reaccomplished PRF which he believes more accurately reflects the applicant’s career accomplishments.  While we cannot determine with any certainty whether the contested reports were the sole bases for the applicant’s nonselection, we believe they served to deprive him of full and fair consideration.  In view of the foregoing, we believe that any doubt should be resolved in favor of the applicant.  Therefore, we recommend the applicant’s record be correct as 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:

	a.	The Field Grade Officer Performance Report (OPR), AF Form 707A. rendered for the period 1 April 1999 through 31 March 2000, be declared void and removed from his record.

	b.	The Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2000A (CY00A) Lieutenant Colonel Selection Board reflecting in Section IV, “- Led his flight to win USAFE’s Contract Competition and Commercial Practice Award for 1999--promote!” be declared void and removed from his record.

	c.	The attached PRF, AF Form 709, prepared for the CY00A Lieutenant Colonel Selection Board reflecting in Section IV, “- XXXX’s leadership qualities are well documented, continue to challenge, Definitely Promote--Must for SSS!” be inserted in his record.

	It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY00A Lieutenant Colonel Selection Board, with the inclusion of the reaccomplished PRF, and for any subsequent for which the above OPR was a matter of record.

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The following members of the Board considered AFBCMR Docket Number 02-03639 in Executive Session on 25 February 2003, 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 11 Nov 02, w/atchs.
	Exhibit B.	Officer Selection Brief.
	Exhibit C.	Letter, HQ AFPC/DPPPE, dated 22 Dec 02.
	Exhibit D.	Letter, HQ AFPC/DPPPO, dated 13 Jan 03.
	Exhibit E.	Letter, SAF/MRB, dated 17 Jan 03.
	Exhibit F.	Letter, Applicant’s Response, dated 10 Feb 03.

AFBCMR 02-01255

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 to show that:

	a.	The Field Grade Officer Performance Report (OPR), AF Form 707A. rendered for the period 1 April 1999 through 31 March 2000, be, and hereby is, declared void and removed from his record.

	b.	The Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2000A (CY00A) Lieutenant Colonel Selection Board reflecting in Section IV, “- Led his flight to win USAFE’s Contract Competition and Commercial Practice Award for 1999--promote!” be, and hereby is, declared void and removed from his record.

	c.	The attached PRF, AF Form 709, prepared for the CY00A Lieutenant Colonel Selection Board reflecting in Section IV, “- XXXX’s leadership qualities are well documented, continue to challenge, Definitely Promote--Must for SSS!” be inserted in his record.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY00A Lieutenant Colonel Selection Board, with the inclusion of the reaccomplished PRF, and for any subsequent for which the above OPR was a matter of record.

					

Attachment:
Reaccomplished PRF