RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03686
				INDEX CODE:  131.00

			 	COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The bottom lines of Section VI and VII of the Officer Performance Report for the period ending 10 August 2001 be corrected to reflect a command recommendation.

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APPLICANT CONTENDS THAT:

Her rater and senior rater believed the recommendation for Chief Nurse, major command (MAJCOM) population health was equivalent to a command recommendation.  The bottom lines were in error because they intended to give her a command recommendation for promotion.

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 Evaluation Reports Appeal Board (ERAB).  The ERAB denied the appeal stating, “A simple willingness by evaluators to upgrade, rewrite, or void a report is not valid basis for doing so.  Retrospective views of facts and circumstances, months or even years after the report was written, will usually not overcome the Board’s presumption that the initial assessment remains valid.”

Applicant was considered but not selected for promotion to the grade of lieutenant colonel by the CY01B and CY02B central lieutenant colonel selection boards.

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

			PERIOD ENDING		OVERALL EVALUATION

			 11 Mar 97		Meets Standards
			 28 Jul 97		Meets Standards
			 30 Apr 98		Meets Standards
			 30 Apr 99		Meets Standards
			 15 Apr 00		Meets Standards
			 31 Oct 00		Meets Standards
			*10 Aug 01		Meets Standards
			 10 Aug 02		Meets Standards
			 19 Mar 03		Meets Standards

*Contested OPR

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AIR FORCE EVALUATION:

HQ AFPC/DPPPE states the applicant provided a letter from her rater, with concurrence from her additional rater, supporting her request to have her OPR corrected.  The applicant’s rater stated he was shocked when the applicant was not selected for promotion to lieutenant colonel, and that he was even more shocked when he found out her nonselection may have come from his recommendation.  However, a report is not erroneous or unjust because the servicemember believes it contributed to a nonselection for promotion or may impact future promotion or career opportunities.  It must be proven the report was erroneous or unjust based on its content.  Furthermore, statements such as command pushes are not mandatory and therefore the report, as written, is not in error.  DPPPE further states the applicant has not provided any documentation supporting or proving her report was not an accurate assessment as written.  They further believe the rating chain is trying to provide the applicant another opportunity at promotion.  To allow the applicant to change the initial assessment would afford her with an unfair advantage not afforded other servicemembers in similar situations.  Therefore, based on the rational provide they recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPO concurs with the findings of DPPPE and states that SSB consideration is not warranted and they have nothing further to add.  Based on the evidence provided, they recommend the application 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:

Copies of the Air Force evaluations were forwarded to the applicant on 23 January 2004, for review and response within 30 days.  As of this date, no response has been received by this office.

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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 complete case file, we believe the intent of the applicant's immediate chain of command was to include a command recommendation in her 10 August 2001 OPR.  In this respect, the Board is persuaded, based upon the 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 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, we believe that any doubt should be resolved in favor of the applicant.  Therefore, the Board 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 November 2000 through 10 August 2001, be 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 November 2000 through 10 August 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 2001A Central Lieutenant Colonel Boards and for any subsequent boards for which the OPR closing 10 August 2001, was a matter of record.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03686 in Executive Session on 24 February 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 29 Oct 03, w/atchs.
	Exhibit B.	Officer Selection Record.
	Exhibit C.	Letter, HQ AFPC/DPPPE, dated 16 Dec 03.
	Exhibit D.	Letter, HQ AFPC/DPPPO, dated 14 Jan 04.
	Exhibit E.	Letter, SAF/MRB, dated 23 Jan 04.

					

AFBCMR BC-2003-03686

MEMORANDUM FOR THE CHIEF OF STAFF

	Having reviewed 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 1 November 2000 through 10 August 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 November 2000 through 10 August 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 2001A Central Lieutenant Colonel Boards and for any subsequent boards for which the OPR closing 10 August 2001, was a matter of record.