RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-01731
		INDEX CODE:  111.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) closing 27 March 2001, Promotion Recommendation Form (PRF) P0401A and any associated memoranda regarding the referral period be removed from his records and his corrected record be considered by a Special Selection Board.  
_________________________________________________________________

APPLICANT CONTENDS THAT:

The referral OPR covers a six-and-a-half month period when he was assigned as commander of a remote and isolated detachment on the north end of Okinawa, Japan.  He believes that his relief from command and the contested OPR is unjust because 1).  He was not given the opportunity to correct or modify his performance, nor was his formal feedback conducted; 2).  He was held accountable for issues under his command that pre-dated his arrival; 3).  His supervisor was geographically separated from him during the duration of his assignment and could not accurately assess neither the issues he faced nor his efforts to correct these challenges; 4).  The results of an action he took to address and correct the challenges faced at Okuma due to a self-initiated Unit Climate Assessment, was used as ammunition to remove him from command.  

He is an officer who earned a full 4-year ROTC scholarship to an Ivy League school, excelled at every assignment both at the base level and at the command.  He was selected to attend the highly competitive AFIT in-residence program while still only a first lieutenant.  In his last OPR before separating from active duty, his commander names him number one of thirty-seven company grade officers.   He has certainly made mistakes in his first command and does not intend to portray himself as blameless.  However, the net effect this referral OPR rendered to his career is wholly disproportionate to any errors he may have committed.  He can be of great service to the Air Force. 

In support of the applicant’s appeal, he provides a personal statement, a copy of the Evaluation Reports Appeal Board (ERAB) decision with attachments, copies of his OPRs for the period beginning 15 February 1992 and ending 1 November 2002 and a supporting statement from his current commander.  
Applicant’s complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reveals that the on 1 January 2003, the applicant, who was released from active duty on 31 December 2002, was transferred to the Air Force Reserve and assigned as an Individual Mobilization Augmentee (IMA) in the grade of captain, with an effective date of rank of 5 October 1995.  He has a total federal commissioned service date and paydate of 25 May 1991.  The Military Personnel Data System reflects that he is currently assigned as Deputy Chief of Services, Keesler AFB, MS.  

He was considered and not selected for promotion to the active duty grade of major by the P0401A and P0402A central selection boards which convened on 18 June 2001 and 19 February 2002 respectively.  Applicant’s OPR profile for the last 6 reporting period follows:

Period Ending                           Evaluation

 23 May 1998			Meets Standards
 23 May 1999			Meets Standards
 23 May 2000			Meets Standards
*27 Mar 2001			Meets Standards
 20 Nov 2001			Meets Standards
 01 Nov 2002			Meets Standards

*Denotes Contested Report

The applicant received an AF Form 709, Promotion Recommendation Form, for the P0401A Selection Board and received an overall recommendation of “Promote.”  Applicant’s appeal under the provisions of AFI 36-2401, Correcting Officer and Enlisted Evaluation Reports was denied on 22 January 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends the application be denied.  DPPPE states that the ERAB denied his request based on the fact that the OPR contained factual information that the applicant was relieved of command.  The rating chain at the time the report was rendered was clear why they made mention of this fact on the report.  DPPPE states that other than the applicant’s opinion, nothing was provided to prove that his rating chain was out to get him for actions he took after a Unit Climate Assessment.  The memo provided from the rater does not state that the decision to remove the applicant from command was a mistake.  Instead, it clearly states that the applicant was “not the right man at the right time in his career for a rough remote assignment.”  This does not negate the OPR; it proves that the statement by the rater that the applicant was relieved of command has merit.  The AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO states that since AFPC/DPPPE recommends denial, SSB consideration is not warranted.  DPPPO states that the applicant has two nonselections to the grade of major by the CY01 (P0401A) (18 Jun 01) and CY02 (P0402A) (19 Feb 02) Major Central Selection Boards.  The AFPC/DPPPE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, copies of the Air Force evaluations were forwarded to the applicant for review and comment.  As of this date, no response has been received by this office.

_________________________________________________________________

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 removing the contested referral report and PRF from his records, and providing him promotion consideration by a Special Selection Board (SSB) for the CY01A Central Major Selection Board.  In this respect, we note the referral report and PRF contain references to his relief of command.  The statements from his rating chain, indicate he inherited a unit suffering from deep and long-standing personality division between military and civilian personnel.  Both evaluators indicate they continue in their opinion that his removal was in the best interest of the unit and the mission based on the information gathered in the Unit Climate Assessment (UCA); however, they have subsequently received information which indicates he was subjected to extreme efforts to undermine his endeavors and was unfairly blamed for the totality of the unit’s problems.  In view of this, and given the relatively short period of time he served as detachment commander, a majority of the Board recommends his records be corrected to the extent indicated below.

_________________________________________________________________

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 Company Grade Officer Performance Report, AF Form 707B, rendered for the period 24 May 2000 through 27 March 2001, be declared void and removed from his record.

	b.	The Promotion Recommendation Form (PRF), AF Form 709, prepared for the Calendar Year 2001A Central Major Selection Board be declared void and removed from his records.

It is further recommended that his record be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2001A and any subsequent boards for which the OPR, closing 27 March 2001, was a matter of record.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-01731 in Executive Session on 5 November 2003, under the provisions of AFI 36-2603:

By majority vote, the Board voted to correct the records, as recommended.  Mr. Russell voted to deny applicant's request but does not wish to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 May 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 29 Jul 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPPO, dated 23 Sep 03.
     Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 03.

                                   Panel Chair

AFBCMR BC-2003-01731

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 XXXXXXX, be corrected to show that:

		a.	The Company Grade Officer Performance Report, AF Form 707B, rendered for the period 24 May 2000 through 27 March 2001, 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 2001A Central Major Selection Board be, and hereby is, declared void and removed from his records.

	It is further directed that his record be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2001A and any subsequent boards for which the OPR, closing 27 March 2001, was a matter of record.

                                                                            Director
                                                                            Air Force Review Boards Agency