RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00067
		INDEX CODES:  111.01, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 21 Aug 99 through 20 Aug 00 be voided and replaced with a reaccomplished OPR.

His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 2000A Central Lieutenant Colonel Selection Board be voided and replaced with a reaccomplished PRF.

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

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APPLICANT CONTENDS THAT:

The OPR and PRF were erroneous through unintentional placement and absence of job recommendations and how his rating chain attempted to correct them.

In support of his appeal, the applicant provided an expanded statement and a copy of his appeal under the provisions of AFI 36-2401, which included supportive statements from the Management Level Review (MLR) president, senior rater and rating chain, and copies of the contested and reaccomplished OPR and PRF.

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 97.  His Total Active Federal Military Service Date (TAFMSD) is 29 May 85.

Applicant's OPR profile since 1992 follows:

	PERIOD ENDING	EVALUATION

	30 May 92			Meets Standards
	16 Feb 93			Meets Standards
	16 Feb 94			Meets Standards
	16 Feb 95			Meets Standards
	16 Feb 96			Meets Standards
	16 Feb 97			Meets Standards
	30 Jan 98			Meets Standards
	30 Jan 99			Meets Standards
	20 Aug 99			Meets Standards
 *#  20 Aug 00			Meets Standards
 ##   6 Aug 01			Meets Standards
###   6 Aug 02			Meets Standards

* Contested Report.

  # 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/DPPPE recommended denial noting the applicant's contention that the 20 Aug 00 OPR and CY00A PRF were erroneous through unintentional placement and absence of job recommendations.  According to AFPC/DPPPE, there was no reason to believe there were any circumstances preventing the applicant from reviewing his officer selection record (OSR) prior to the CY00A board.  The applicant had ample time (30 days) to identify any factual errors on the PRF prior to the board convening date, but there was no evidence that he did so.  As for the OPR request, many reports can be changed to be harder hitting, include additional recommendations, or to embellish the report, but the time to do that is before it becomes a matter or record.  The retrospective view of evaluators after a report is a matter of record does not make the original assessment inaccurate.  This appeal is simply driven by the applicant's promotion nonselection.  There was no evidence reflecting any errors or injustices within the contested PRF or OPR.  Additionally, in accordance with DOD Directive 1320.11, paragraph 4.3, “A Special Selection Board shall not, under Section 628(b) or 14502(b) of reference (b), consider any officer who might, by maintaining reasonably careful records, have discovered and taken steps to correct that error or omission on which the original board based its decision against promotion.”

AFPC/DPPPE indicated 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 20 Aug 00 OPR.  The applicant had more than ample time to request a correction to his CY00A PRF prior to the board.  In their view, the applicant’s contentions have been poorly supported.

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

AFPC/DPPPO indicated that based on the evidence provided and the recommendation in the AFPC/DPPPE advisory, they recommend denial.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated 31 Mar 03, the applicant's spouse provided a statement on his behalf, which is attached at Exhibit F.

Applicant reviewed the advisory opinions and furnished a response indicating that the members of his rating chain and the MLR president attempted to have his records corrected to realistically reflect his potential abilities.  He requests that the Board take this into consideration and have his records placed before an SSB.

Applicant's complete response is attached at Exhibit G.

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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.  After a thorough review of the available evidence, particularly the statements from the applicant's rating chain, senior rater, and MLR president, we are sufficiently persuaded that corrective action is warranted in this case.  There is before us no basis to question the integrity of these individuals who support the applicant's assertion that the absence of job recommendations on the contested OPR and PRF may have sent an unintended signal regarding the applicant's command potential.  Accordingly, we recommend that the OPR closing 20 Aug 00 and the CY00A PRF be voided and replaced with a reaccomplished report and PRF.  In view of the foregoing, we further recommend that the applicant be given appropriate SSB consideration with his corrected records.

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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 21 Aug 99 through 20 Aug 00 be declared void and removed from his records.

	b.  The attached OPR, AF Form 707A, rendered for the period 21 Aug 99 through 20 Aug 00, which reflects in Section VI, Rater Overall Assessment, “…future commander--resident SSS!” be inserted in his officer selection folder.

		c.  The Promotion Recommendation Form (PRF), AF Form 709, prepared for consideration by the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board be declared void and removed from his records.

		d.  The attached PRF, AF Form 709, prepared for consideration by the CY00A Central Lieutenant Colonel Selection Board which reflects in Section IV, Promotion Recommendation, "‑Superior performer--if I had one more DP…Don would receive it!  Sq Command potential--DP, SSS," 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 CY00A Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPR closing 20 Aug 00 was a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00067 in Executive Session on 13 May 03, 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 31 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 4 Feb 03.
     Exhibit D.  Letter, AFPC/DPPPO, dated 28 Feb 03.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Mar 03.
     Exhibit F.  Letter, in applicant's behalf, dated 31 Mar 03.
     Exhibit G.  Letter, applicant, undated.

                                   

AFBCMR BC-2003-00067

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 Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 21 Aug 99 through 20 Aug 00 be, and hereby is, declared void and removed from his records.

		b.  The attached OPR, AF Form 707A, rendered for the period 21 Aug 99 through 20 Aug 00, which reflects in Section VI, Rater Overall Assessment, “…future commander--resident SSS!” be inserted in his officer selection folder.

			c.  The Promotion Recommendation Form (PRF), AF Form 709, prepared for consideration by the Calendar Year 2000A (CY00A) Central Lieutenant Colonel Selection Board be, and hereby is, declared void and removed from his records.

			d.  The attached PRF, AF Form 709, prepared for consideration by the CY00A Central Lieutenant Colonel Selection Board which reflects in Section IV, Promotion Recommendation, "‑Superior performer--if I had one more DP… would receive it!  Sq Command potential--DP, SSS," 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 CY00A Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPR closing 20 Aug 00 was a matter of record.