RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01906
		INDEX CODE:  111.01, 131.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His referral Officer Performance Report (OPR) rendered for the period 16 Jun 96 through 15 Jun 97, be removed from his records.

2.  He be considered for promotion to the grade of lieutenant colonel by the Calendar Year 2000A (CY00A), CY01B, CY02B, and the CY03A Central Lieutenant Colonel Selection Boards.

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APPLICANT CONTENDS THAT:

He filed an Inspector General (IG) complaint against the ROTC detachment commander for inappropriate remarks, actions, and favoritism.  The commander subsequently served him with two Letters of Reprimand (LORs), which led to a referral OPR.  The commander's assessment of disloyalty was never proven, demonstrated, or documented and is inconsistent with his promotion to the grade of major and selection as a sponsor for an inbound officer.  The commander channeled the IG, preventing the discovery of the root issues within the detachment.  His record before and after these events are inconsistent with his commander's statement.

In support of his request, applicant provided witness statements, character references, documentation associated with his correspondence with U.S. Senators, and documentation associated with the IG complaints.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects the applicant was appointed a second lieutenant, Reserve of the Air Force on 17 May 85 and was voluntarily ordered to extended active duty on 15 Aug 85.  He has been progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Apr 97.  He was considered and not selected for promotion to the grade lieutenant colonel by the CY00A, CY01B, CY02B, and the CY03A Central Lieutenant Colonel Selection Boards.

The following is a resume of the applicant's recent OPR profile:

	Period Ending		Overall Evaluation

		08 Apr 03		Meets Standards (MS)
		15 Apr 02			MS
		15 Jun 01			MS
		15 Jun 00			MS
		15 Jun 99			MS
		15 Jun 98			MS
		15 Jun 97 *	Does Not Meet Standards
		15 Jun 96			MS
		26 Jan 96			MS

* - Contested Report

The Air Education and Training Command (AETC) IG investigated four allegations of inappropriate conduct and alleged reprisal and found all four allegations unsubstantiated.  In a separate investigation, AETC/IG investigated five allegations of reprisal and found all five allegations unsubstantiated.  Copies of the reports of investigation are at Exhibit G.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states the ERAB denied his request stating he did not provide any evidence from his rating chain nor were any findings from the IG investigation provided to support his contention of mistreatment.  The most effective evidence consists of statements from the evaluators who signed the report or from other individuals in the rating chain when the report was signed.  The memorandums from his peers, while admirable, did not offer any new evidence to substantiate the report was not a fair assessment of his performance at the time or provide firsthand evidence the OPR was unjust or inaccurate.  He filed complaints with SAF/IGQ, two U.S Senators and AF/CC.  The only response provided was from the CSAF who stated, "Two separate investigations have been reviewed by the Air Force IG staff. The preponderance of the evidence did not substantiate any of the allegations."  

The DPPPE evaluation is at Exhibit C.

AFPC/DPPPO recommends denial.  DPPPO states that since DPPPE recommends denial of his request, SSB consideration is not warranted.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his engagement with the AF/IG, CSAF, and Senators came after he attempted to utilize his chain of command and the ROTC/IG, who as the vice commander was in his chain of command.  Although his regional commander told him he did not want to hear the specifics of his issues, he still followed his chain of command.  Considering the original and subsequent IG did not interview personnel he requested, the preponderance of evidence shows the IG was channeled and the ROTC chain of command polluted against him.  

Despite the evaluator's use of the word peers, this is not the case.  The enlisted personnel in the detachment clearly lived in a climate of intimidation prior to his arrival.  Major F--- arrived during the initial IG investigation and witnessed the obvious split in the detachment between those who were in the commander's grace and those who were not.  Because he feared similar action against himself, he filed a "protection file" with the Area Defense Counsel.  The statements from these personnel are not opinions but facts that illustrate when a commander is not held accountable then a series of circumstances are created, which in this case was manifested in his receiving a referral OPR.

His complete response, with attachments, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting voidance of the contested OPR.  After thoroughly reviewing the evidence of record, the Board majority believes that substantial doubt has been presented concerning the fairness of the contested report and whether or not the report is an honest and accurate depiction of his overall performance during the period in question.  In this respect, the Board majority noted that the documentation provided contains evidence of outstanding performance in addition to the statements from senior Air Force officers who consider him to be an outstanding officer.  While it appears that the applicant may have made some judgmental mistakes, it is the Board majority’s opinion that his chain-of-command may have acted overzealously in deciding to perpetuate the disciplinary actions by rendering him a referral OPR.  Evidence provided by the applicant has led the Board majority to believe that a personality conflict may have existed between the applicant and his rater that hindered that individual’s ability to objectively assess his performance.  In consideration of all the factors involved, and in view of the applicant’s previous and subsequent performance, the Board majority believes that any reasonable doubt in this matter should be resolved in favor of the applicant.  Therefore the Board majority recommends that the contested OPR be removed from his records and he be considered for promotion by SSB 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 the Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 16 June 1996 through 15 June 1997, be declared void and removed from his records. 

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board and any subsequent boards in which the OPR closing 15 June 1997, was a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01906 in Executive Session on 16 Mar 04, under the provisions of AFI 36‑2603:

The majority of the Board members voted to correct the records as recommended.  Mr. XXXX voted to deny the request and did not submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 20 Jun 03.
    Exhibit D.  Letter AFPC/DPPPO, dated 18 Sep 03.
    Exhibit E.  Letter, SAF/MRBR, dated 26 sep 03.
    Exhibit F.  Letter, Applicant, dated 25 Sep 03, w/atchs.
    Exhibit G.  IG Reports of Investigation - WITHDRAWN

				

AFBCMR BC-2003-01906

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 APPLICANT, be corrected to show that the Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 16 June 1996 through 15 June 1997, be, and hereby is, declared void and removed from his records. 

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2000A Central Lieutenant Colonel Selection Board and any subsequent boards in which the OPR closing 15 June 1997, was a matter of record.