RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00189
		                (CASE 2)
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 1994A (CY94A) Lieutenant Colonel Central Selection Board be voided and replaced with a reaccomplished PRF.

He be provided Special Selection Board (SSB) consideration with his corrected record.

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APPLICANT CONTENDS THAT:

Both the senior rater and Management Level Review (MLR) president agree that as a result of his corrected Officer Performance Report (OPR) closing 21 Aug 93, his record is much stronger and properly reflects his performance during the period of the report.  The original OPR substantially weakened the perception of his performance and undoubtedly weakened the PRF submitted to his senior rater.  This inadvertent, inaccurate portrayal of his performance influenced the decision to award a “Promote” rather than a “Definitely Promote” (DP) recommendation for his primary promotion board.

In support of his appeal, the applicant provided copies of the original and reaccomplished PRFs, supportive statements from the senior rater and MLR president, and his selection record.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force, on 19 Sep 79 and voluntarily ordered to extended active duty.  He was integrated into the Regular Air Force on 13 Oct 87.

Applicant's Officer Effectiveness Report/Officer Performance Report (OER/OPR) profile since 1986 follows:

	PERIOD ENDING	EVALUATION

	 8 Jul 86	1-1-1
	29 Jan 87	1-1-1
	29 Jan 88	1-1-1
	29 Jan 89	Meets Standards
	14 Jun 89	Meets Standards
	14 Jun 90	Meets Standards
	14 Jun 91	Meets Standards
	31 Jan 92	Meets Standards
	31 Jan 93	Meets Standards
	21 Aug 93	Meets Standards
   #	 1 Jun 94	Meets Standards
	15 Jan 95	Meets Standards
  ##	15 Jan 96	Meets Standards
 ###	15 Jan 97	Meets Standards
####	15 Jan 98	Meets Standards
	15 Jan 99	Meets Standards

   # Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY94A Lieutenant Colonel Board.

  ## Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY96C Lieutenant Colonel Board.

 ### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY97C Lieutenant Colonel Board.

#### Top Report at the time he was considered and nonselected for promotion to the grade of lieutenant colonel by the CY98B Lieutenant Colonel Board.

Applicant was relieved from active duty on 30 Jun 99 and retired for length of service, effective 1 Jul 99, in the grade of major.  He was credited with 20 years and 10 days of active service.

On 1 Nov 01, the Board recommended the applicant’s OPR closing 21 Aug 93 be declared void and removed from his records and replaced with a reaccomplished report; and, he be provided SSB consideration with his corrected record.  On 29 Nov 01, the Director, Air Force Review Boards Agency, accepted the Board’s recommendation.

On 6 May 02, the applicant was considered and nonselected by SSBs for the CY94A, CY96C, CY97C, and CY98B Lieutenant Colonel Boards.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommended denial noting the applicant provided a new PRF and supportive documentation from the senior rater and the MLR president.  However, in their view, the changes to the corrected OPR should not constitute a complete rewrite of Section IV of the contested PRF as has been submitted.

A complete copy of the AFPC/DPPPE evaluation is at Exhibit C.

AFPC/DPPPO indicated they reviewed the AFPC/DPPPE evaluation and have nothing further to add.  Since the evaluation recommended denial to replace the PRF, SSB consideration is not warranted.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response indicating, in summary, the evidence submitted in support of his appeal is credible, relevant, and believable.  Furthermore, both the senior rater and MLR president strongly support replacing the PRF and SSB consideration.

Applicant’s 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 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 error or injustice.  We note that as a result of the applicant’s previous request for a correction of his records, his OPR closing 21 Aug 93 was voided and replaced with a reaccomplished report.  He now requests his CY94A PRF be voided and replaced with a new PRF reflecting a DP recommendation, contending the corrected report now properly reflects his performance during the period of the report.  He further asserts the original report’s inaccurate portrayal of his performance was the basis for the decision to award him a “Promote” rather than a DP recommendation.  After a thorough review of the available evidence, particularly the statements from the senior rater and MLR president, we are sufficiently persuaded that corrective action is warranted in this case.  The senior rater indicated that had the corrected OPR been available for review prior to the conclusion of the PRF cycle, a much stronger PRF would have been appropriate, justifying the award of a DP to the applicant.  He has provided a reaccomplished PRF reflecting a DP recommendation, which is supported by the MLR president.  In view of the foregoing, and having no basis to question the integrity of the senior rater and MLR president, we recommend the applicant’s CY94A PRF be voided and replaced with a reaccomplished PRF.  We further recommend the applicant’s corrected record be considered for promotion to the grade of lieutenant colonel by an SSB for the CY94A Lieutenant Colonel Board.

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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 Promotion Recommendation Form (PRF), AF Form 709, prepared for consideration by the Calendar Year 1994A (CY94A) Lieutenant Colonel Central Selection Board, indicating a “Promote” recommendation in Section IX, Overall Recommendation, be declared void and removed from his records.

		b. The attached PRF, AF Form 709, prepared for consideration by the CY94A Lieutenant Colonel Central Selection Board, indicating a “Definitely Promote” recommendation in Section IX, Overall Recommendation, be inserted in his officer selection folder.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY94A Central Lieutenant Colonel Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00189 in Executive Session on 15 Jun 04, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number BC‑2004-00189 was considered:

     Exhibit A.  DD Form 149, dated 3 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPE, dated 1 Apr 04.
     Exhibit D.  Letter, AFPC/DPPPO, dated 27 Apr 04.
     Exhibit E.  Letter, SAF/MRBR, dated 7 May 04.
     Exhibit F.  Letter, applicant, dated 24 May 04.

                                   Panel Chair

AFBCMR BC-2004-00189

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 be corrected to show that:

		a.  The Promotion Recommendation Form (PRF), AF Form 709, prepared for consideration by the Calendar Year 1994A (CY94A) Lieutenant Colonel Central Selection Board, indicating a “Promote” recommendation in Section IX, Overall Recommendation, be, and hereby is, declared void and removed from his records.

		b. The attached PRF, AF Form 709, prepared for consideration by the CY94A Lieutenant Colonel Central Selection Board, indicating a “Definitely Promote” recommendation in Section IX, Overall Recommendation, be inserted in his officer selection folder.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY94A Central Lieutenant Colonel Selection Board.

                                                                           Director
                                                                           Air Force Review Boards Agency

Attachment:
AF Form 709