RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02881
						(Case 4)

		INDEX CODE:  131.00, 131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR), closing 26 May 1999, be replaced with the OPR he provided reflecting a Professional Military Education (PME) recommendation.  If his request is approved, he be considered for PME candidacy by the CY00A (28 November 2000) Lieutenant Colonel Central Selection Board (this latter request was withdrawn (see Exhibit F)).
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APPLICANT CONTENDS THAT:

Due to an oversight, the errors on the original OPR were not entirely corrected during his initial appeal to the Evaluation Reports Appeal Board (ERAB).  Specifically, his rater unintentionally left out a PME recommendation on his OPR, closing 26 May 1999.

In support of his request, applicant submits a personal statement, a replacement OPR, copies of his Promotion Recommendation Form (PRF), letters from his rating chain and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Commissioned Service Date (TAFCSD) is 17 December 1985.  He is currently serving on active duty in the grade of lieutenant colonel, with an effective date and date of rank of 1 February 2002, having been selected for promotion to that grade by the CY00A selection board.

Applicant's profile for the last seven reporting periods follows:

		Period Ending	Evaluation

		    20 Sep 97	Meets Standards (Major)
		#   20 Sep 98	     MS
		## *26 May 99	     MS
		###  7 Mar 00	     MS
		     7 Mar 01	     MS
		     7 Mar 02	     MS    (Lieutenant Colonel)
		     7 Mar 03	     MS

*  Contested OPR

# Top report at the time he was considered Below-the-Promotion Zone (BPZ) and nonselected for promotion to the grade of lieutenant colonel by the CY99A Lieutenant Colonel Central Selection Board, which convened on 19 April 1999.

## Top report at the time he was considered Below-the-Promotion Zone (BPZ) and nonselected for promotion to the grade of lieutenant colonel by the CY99B Lieutenant Colonel Central Selection Board, which convened on 30 November 1999.

### Top report at the time he was considered In-the-Promotion Zone (IPZ) and selected for promotion to the grade of lieutenant colonel by the CY00A Lieutenant Colonel Central Selection Board, which convened on 28 November 2000.

Similar appeals by the applicant, under Air Force Instruction (AFI) 36-2401, were considered and denied by the Evaluation Report Appeal Board (ERAB) in August 2001 and December 2002.
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AIR FORCE EVALUATIONS:

HQ AFPC/DPPPE, recommends the application be denied.  DPPPE states that the applicant filed three previous appeals on the same OPR, under Air Force Instruction (AFI) 36-2401.  His November 1999 request for substitution due to incorrect operation name was approved by the ERAB; however, his July 2001 and December 2002 requests for inclusion of PME recommendation and PME SSB consideration were denied by the ERAB.  DPPPE states that there are no errors or injustices cited in the 26 May 1999 OPR.  The rating chain has provided retrospective views of what should have been in his evaluation only after the applicant initiated corrective action as a result of PME candidacy nonselection.  DPPPE believes the applicant had adequate opportunity to correct this OPR previously; first, through “due diligence” and second, through his initial November 1999 ERAB.  The applicant’s rating chain can still recommend him for in-residency PME selection as a non-candidate; therefore, he still has an opportunity to attend in-residence PME.  The HQ AFPC/DPPPE evaluation is at Exhibit C.

HQ AFPC/DPPPO, recommends the application be denied.  DPPPO reviewed the findings in the HQ AFPC/DPPPE advisory and have nothing further to add.  Since the advisory recommends denial, SSB consideration is not warranted.  The HQ AFPC/DPPPO evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and indicated that the DPPPE advisory is misleading in its summary of two of the previous ERAB appeals (refer to applicant’s rebuttal for details).  At the time the report was rendered, he was back in the CONUS less than one week from a no-notice four-month deployment to Europe supporting Operation ALLIED FORCE and 30 days away from departing the CONUS again, this time for a permanent change of station (PCS) to Korea.  In his rebuttal, he discusses his assignment and duty in Korea in the two years following the closeout of the OPR.  The relevance of his Korea tour is the undercurrent within the DPPPE advisory which seems to presuppose that he had all kinds of time on his hands to work the system and take care of his records.  Almost five years has passed since the original report became a matter of record.  Shortly after his return from Korea in 2001, and immediately after 9-11, he deployed to a classified, bare-base locale in South West Asia in support of Operation ENDURING FREEDOM.  This deployment contributed to delay in mounting the appeal.  After much soul searching, he no longer seeks SSB consideration for PME candidacy consideration.  His 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.  The supporting documents provided by the applicant are sufficient to cause doubt concerning the fairness and accuracy of the contested report.  In our review of the supporting documents, we note that the rater states he unintentionally omitted a PME recommendation at the time the contested report was rendered.  The evaluators of the contested report acknowledge the “unfortunate mistake” and strongly support replacing the contested OPR with a reaccomplished report.  In view of the statements provided by the evaluators of the contested report, and having no basis to question their integrity, we conclude that the applicant’s records should be corrected to substitute the reaccomplished OPR, closing 26 May 1999, for the one currently in his records.  Further, since the contested OPR was a matter of record when the applicant was considered for promotion to lieutenant colonel below-the-promotion zone, we recommend he be given SSB consideration by the CY99B Lieutenant Colonel Central Selection Board with the reaccomplished OPR in his 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 the Field Grade Officer Performance Report (OPR), AF Form 707A, rendered for the period 21 September 1998 through 26 May 1999, be declared void and removed from his records, and the reaccomplished OPR be accepted for file in its place.

It is further recommended that his record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 1999B Lieutenant Colonel Central Selection Board.
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The following members of the Board considered this application in Executive Session on 25 March 2004, 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 in connection with AFBCMR Docket Number BC-2003-02881.

   Exhibit A.  DD Form 149, dated 21 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 27 Oct 03.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 20 Nov 03.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Nov 03.
   Exhibit F.  Letter from Applicant, dated 21 Feb 04.

                                   

AFBCMR BC-2003-02881

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 21 September 1998 through 26 May 1999, be, and hereby is, declared void and removed from his records, and the arttached reaccomplished OPR be accepted for file in its place.

	It is further directed that his record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 1999B Lieutenant Colonel Central Selection Board.