RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01442
				INDEX CODE:  131.00

				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Officer  Performance  Report (OPR) rendered  for the  period 1 July 2000 through 31 May 2001 be removed from her records and replaced with a reaccomplished report; and she receive promotion consideration to the grade of lieutenant colonel by Special Selection Boards (SSBs).

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APPLICANT CONTENDS THAT:

Her supervisors (Maj Gen P. and Col H.) did not properly prepare her OPR.  They erroneously submitted a draft version of the OPR.  Maj Gen P. and Col H. informed the Air Force Personnel Center (AFPC) that the OPR in question was not prepared properly and the OPR should be replaced.  She submitted two requests to the Evaluation Reports Appeal Board (ERAB) to have the OPR removed from her records and replaced with the correct version of the report. 

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 ERAB.  The ERAB denied the applicant’s request.  They were not convinced the OPR in question was erroneous.  The applicant resubmitted her request to the ERAB to have her OPR removed from her records.  The ERAB reviewed the additional information but determined the request did not require a formal review.  The ERAB indicated that resubmissions are granted when the member provides substantially new evidence that the Board did not initially consider.  The information the applicant provided had been previously considered.

Applicant was considered, but not selected for promotion to the grade of lieutenant colonel by the calendar years (CYs) 01B and 02B central lieutenant colonel selection boards.

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

			PERIOD ENDING		OVERALL EVALUATION

		      15 Nov 98		Meets Standards
		      15 Nov 99		Meets Standards
		      30 Jun 00		Meets Standards
		    * 31 May 01		Meets Standards
		      17 Feb 02		Meets Standards
		   ** 14 Aug 02		Meets Standards

    * Contested OPR & 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 that her OPR for the period ending 31 May 2001 should be replaced. She submitted an appeal to the ERAB.  The ERAB denied the applicant’s request stating, “A report is not erroneous or unjust because the applicant or evaluators believe it contributed to a non-selection for promotion or may impact future promotion career opportunities.  Most evaluation reports can be changed to be 1) harder hitting, 2) include stratification, and 3) provide embellishments.  The time to make these changes is before the report becomes a matter of record.” 

The applicant’s rater and additional rater stated that there were errors in the current report and the report was signed as a finished product but was actually a draft.  The revised report submitted has substantial changes to the content.  It does not contain corrections or editing.  It appears the report was changed to make it stronger.

Air Force policy is that an evaluation report is accurate as written when it becomes a matter of record.  The applicant, rater and additional rater’s integrity is not in question.  The issue is would it be fair to allow the applicant a chance to make her report stronger after her nonselection for promotion counseling pointed out the weakness of her report.  It would not be fair to others in similar situations who were not afforded another chance to do the same.

DPPPE recommends denying the applicant’s request to have her OPR removed from her records. 

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 states the issue at hand is whether or not senior Air Force officers/raters who submit the wrong report and admit they have failed in their responsibilities, can correct their error.

Her raters have stated that the OPR in question does not accurately document and reflect her performance.  They explained how their failure resulted in a working draft of the report becoming a matter of record.

Her raters erroneously signed, submitted, and made a working draft of the OPR a matter of record.  She was not aware of their error until they confirmed it.  She was prohibited from drafting or writing her OPRs and could not view them before they became a matter of record.  Her raters have provided strong evidence to overcome the report’s presumed validity.  If the rater’s integrity is not in doubt, why can’t they rectify the situation with a accurate report?

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.  After reviewing the evidence of record, the majority of the Board is persuaded the contested OPR was not an accurate assessment of the applicant’s accomplishments during the contested time period.  In this respect, the Board majority is persuaded based upon the strong command support she has received and the totality of the evidence provided that the contested report should be voided and removed from the applicant’s records and replaced with a reaccomplished report.  While it cannot be determined with any degree of certainty whether the contested report was the sole basis for the applicant’s nonselection, the majority of the Board believes it served to deprive her of full and fair consideration.  In view of the foregoing, and with no basis to question the integrity of the rating chain, the majority believes that any doubt should be resolved in favor of the applicant.  Therefore, the Board majority recommends the applicant’s record be corrected 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 July 2000 through 31 May 2001, be, and hereby is, declared void and removed from her records.

     b.  The attached reaccomplished Field Grade Officer Performance Report (OPR), AF Form 707A,  rendered  for the period 1 July 2000 through 31 May 2001, be accepted for file in its proper sequence.

It is further recommended that she be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2001 Central Lieutenant Colonel Boards and for any subsequent boards for which the OPR closing 31 May 2001, was a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01442 in Executive Session on 26 August 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
		        Member

By majority vote, the Board recommended granting the application. Ms. Seymour voted to deny correcting the records and does not desire to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 Apr 03, w/atchs.
	Exhibit B.	Officer Selection Record.
	Exhibit C.	Letter, HQ AFPC/DPPPE, dated 20 Apr 03.
	Exhibit D.	Letter, HQ AFPC/DPPPO, dated 23 Jun 03.
	Exhibit E.	Letter, SAF/MRB, dated 27 Jun 03.
	Exhibit F.	Letter, Applicant’s Response, dated 24 Jul 03.

					
					Panel Chair 

AFBCMR BC-2003-01442

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   XXXXX, be corrected to show that:

		   a.  The Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 1 July 2000 through 31 May 2001, be, and hereby is, declared void and removed from her records.

	   b.  The attached reaccomplished Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 1 July 2000 through 31 May 2001, be accepted for file in its proper sequence.

	It is further directed that she be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2001 Central Lieutenant Colonel Boards and for any subsequent boards for which the OPR closing 31 May 2001, was a matter of record.

					
					Director
					Air Force Review Boards Agency

Attachment:
Reaccomplished OPR