RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00495
		INDEX CODES:  111.02, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period 21 May 98 through 20 May 99 be declared void and removed from his records and replaced with the reaccomplished OPRs rendered for the periods 21 May 98 through 30 Dec 98 and 31 Dec 98 through 3 Jun 99.  

He be provided Special Selection Board (SSB) for promotion to the grade of lieutenant colonel by the Calendar Year 1999A (CY99A) Lieutenant Colonel Selection Board.

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APPLICANT CONTENDS THAT:

It was the intent of his rating chain to change his reporting official effective 30 Dec 98, thus requiring a change of reporting official (CRO) OPR to be written for the period 21 May 98 to 30 Dec 98.

His next report should have been written as a permanent change of station (PCS) OPR covering the period 31 Dec 98 through 3 Jun 99.

These changes would represent a significant change to his competitiveness for promotion and would warrant SSB consideration.

In support of his appeal, the applicant provided an expanded statement, copies of the contested and reaccomplished OPRs, and supportive statements from 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, with a date of rank of 1 Jul 95.  His Total Active Federal Military Service Date (TAFMSD) is 14 Oct 83.

Applicant's OPR profile since 1989 follows:

	PERIOD ENDING	EVALUATION

	13 May 89			Meets Standards
	13 May 90			Meets Standards
	13 May 91			Meets Standards
	13 May 92			Meets Standards
	31 Oct 92			Meets Standards
	31 Oct 93			Meets Standards
	31 May 94			Meets Standards
	31 May 95			Meets Standards
	20 May 96			Meets Standards
	20 May 97			Meets Standards
    #	20 May 98			Meets Standards
    *	20 May 99			Meets Standards
   ##	18 Oct 99			Meets Standards
  ###	30 Aug 00			Meets Standards
 ####	 8 Jun 01			Meets Standards
#####	 8 Jun 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 CY99A (19 Apr 99) Lt Col Board.

   ## Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY99B (30 Nov 99) Lt Col Board.

  ### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY00A (28 Nov 00) Lt Col Board.

 #### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY01B (5 Nov 01) Lt Col Board.

##### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY02B (12 Nov 02) Lt Col Board.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial.  They noted the applicant’s contention that it was his rating chain’s intention to change his reporting official effective 30 Dec 98, thus requiring a CRO OPR to be written.  The applicant specifically states that “it was decided to hold off on any CROs for a month or two until things settled down a bit.  This was to prevent possible multiple CROs and unnecessary administrative paperwork.”  Evidenced by the applicant’s own admission, AFPC/DPPPE indicated that it is reasonable to believe that the rating chain was unsure who would be working for who with the upcoming “significant personnel changes”; therefore, they decided not to change the applicant’s reporting official.

As to the applicant’s contention that it was his rating chain’s intention to change his reporting official, AFPC/DPPPE stated that it was unclear as to why they would have completed the OPR with the rating chain intact.  It can only be concluded that when the rating chain sat down to complete the applicant’s OPR, they were well aware of exactly who his rater, additional rater, and senior rater were at the time the OPR closed out.  This was also evidenced in Section VI of the report itself.  The rater indicated the last performance feedback was conducted on 8 Jan 99, after the 30 Dec 98 date a CRO allegedly took place.

AFPC/DPPPE believes that it is important to note that the applicant submitted a previous appeal which was approved by the AFBCMR on 27 Apr 01.  He was subsequently granted supplemental promotion consideration.  However, he was again nonselected for promotion.  The applicant failed to bring up this most recent concern surrounding the 20 May 99 OPR at that time.  This nonselection has prompted his reengagement with the AFBCMR to grant him an additional SSB (knowing that if the AFBCMR approves a change to his 20 May 99 OPR that would give him an additional opportunity to compete for promotion).  According to AFPC/DPPPE, a report is not erroneous or unfair because the applicant believes it contributed to a nonselection for promotion.  Nonselection for promotion is, for many, a traumatic event, and the desire to overturn that nonselection is a powerful motivation to appeal.  A simple willingness by evaluators to upgrade, rewrite, or void a report is not a valid basis for doing so.  The applicant must prove the report is erroneous or unjust based on its content.  Additionally, in accordance with DoD Directive 1320.l1, 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.”  It is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.  In AFPC/DPPPE’s view, there were no errors or injustices cited in the 20 May 99 OPR.  The applicant’s contentions have been poorly supported and inaccurate.

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

AFPC/DPPPO recommended denial, indicating that they had reviewed the AFPC/DPPPE’s advisory and had nothing further to add, and that since AFPC/DPPPO recommended denial, SSB consideration is not warranted.

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 detailed response, the applicant indicated, in part, that the AFPC/DPPPE’s advisory opinion was fraught with inaccurate, incomplete, and misleading claims that were erroneously portrayed as facts.  AFPC/DPPPE completely side-stepped the central issue of whether his records were inaccurate in favor of arguing intent and process.  He hopes that the Board finds his arguments convincing and is compelled to agree with him.

Applicant’s complete response 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence presented, we are sufficiently persuaded that corrective action is warranted in this case.  We took particular note of the statements from the applicant's rating chain supporting his assertion that it was their intent to change his reporting official.  In view of the foregoing, and having no basis to question the integrity of the evaluators, we recommend that the contested report be voided and replaced with the reaccomplished OPRs closing 30 Dec 98 and 3 Jun 99.  Although not specifically requested by the applicant, we believe that to afford him proper and fitting relief, the signature dates on the reaccomplished reports and the start date and number of days of supervision on his OPR closing 18 Oct 99 should also be appropriately changed.  Accordingly, the applicant's records should be corrected as set forth below.  We further recommend that he be provided 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 May 98 through 20 May 99 be declared void and removed from his records.

	b.  The attached Field Grade OPR, AF Form 707A, rendered for the period 21 May 98 through 30 Dec 98 be inserted in his officer selection folder.

	c.  All dates in Sections VI, VII, VIII, and IX of the attached Field Grade OPR, AF Form 707A, rendered for the period 21 May 98 through 30 Dec 98 be amended to read "30 Dec 98."

		d.  The attached Field Grade OPR, AF Form 707A, rendered for the period 31 Dec 98 through 3 Jun 99 be inserted in his officer selection folder.

	e.  All dates in Sections VI, VII, and IX of the attached Field Grade OPR, AF Form 707A, rendered for the period 31 Dec 98 through 3 Jun 99 be amended to read "3 Jun 99."

	f.  The "From" date in Item 5 and the "Number of Days of Supervision" in Item 6 of Section I of the Field Grade OPR, AF Form 707A, rendered for the period 21 May 99 through 18 Oct 99 be amended to read "4 Jun 99" and "134." 

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 1999A Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPR closing 20 May 99 was a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00495 in Executive Session on 22 Jul 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 5 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 7 Apr 03.
     Exhibit D.  Letter, AFPC/DPPPO, dated 13 May 03.
     Exhibit E.  Letter, SAF/MRBR, dated 23 May 03.
     Exhibit F.  Letter, applicant, dated 3 Jun 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00495

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 May 98 through 20 May 99 be, and hereby is, declared void and removed from his records.

		b.  The attached Field Grade OPR, AF Form 707A, rendered for the period 21 May 98 through 30 Dec 98 be inserted in his officer selection folder.

		c.  All dates in Sections VI, VII, VIII, and IX of the attached Field Grade OPR, AF Form 707A, rendered for the period 21 May 98 through 30 Dec 98 be amended to read "30 Dec 98."

			d.  The attached Field Grade OPR, AF Form 707A, rendered for the period 31 Dec 98 through 3 Jun 99 be inserted in his officer selection folder.

		e.  All dates in Sections VI, VII, and IX of the attached Field Grade OPR, AF Form 707A, rendered for the period 31 Dec 98 through 3 Jun 99 be amended to read "3 Jun 99."

		f.  The "From" date in Item 5 and the "Number of Days of Supervision" in Item 6 of Section I of the Field Grade OPR, AF Form 707A, rendered for the period 21 May 99 through 18 Oct 99 be amended to read "4 Jun 99" and "134." 

		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 1999A Central Lieutenant Colonel Selection Board and for any subsequent boards for which the OPR closing 20 May 99 was a matter of record.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency

Attachments:
AF Forms 707A