RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02006
		INDEX CODE:  111.05

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His Officer Performance report (OPR) ending 9 April 2001, be replaced with a new OPR and Special Selection Board (SSB) consideration by the CY02 (12 Nov 02) (P0502B) Lieutenant Colonel Central Selection Board (CSB).

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APPLICANT CONTENDS THAT:

A comment made by his rater on his OPR ending 9 April 2001, was a negative comment that neither he nor his rater understood at the time to be derogatory.  Subsequent contact with an HQ Air Force Personnel Center (AFPC) counselor on 4 March 2003 yielded that AFPC believed the comment “continue to challenge” to be sending a negative message.  As his rater did not intend to send a negative message, a new OPR has been signed by his chain of command and is ready to replace the original OPR.

In support of his appeal, the applicant has provided copies of his Evaluation Reports Appeal Board (ERAB) application and results, the OPR in question, two statements of support from his rating chain, the proposed substitute OPR, and several slides from a PowerPoint presentation that support his claim

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

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STATEMENT OF FACTS:

Applicant received an OPR for the period 10 April 2000 to 9 April 2001 wherein his rater used the term “continue to challenge” in his assessment of the applicant.  He met the CY02 Lieutenant Colonel Central Selection Board and was not selected for promotion to lieutenant colonel.  On 8 December 2003 and 12 January 2004 respectively, his rater and additional rater both provided statements wherein they affirm that they had no intention of writing an OPR with a declaration that would send a negative message to the promotion Board.  They both signed the new substitute OPR.  In April 2004, he submitted an appeal to the ERAB to have the subject OPR substituted with the OPR minus the “continue to challenge” statement.  The ERAB denied the request on 10 May 2004.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states that the statement “continue to challenge” alone would not influence his non-selection.  Even though he may have been briefed by AFPC personnel that the statement carried a negative message and could have contributed to his non-selection, the statement is only one potential reason and, more significantly, only the opinion of the counselor.  Promotion boards evaluate the entire officer selection record assessing whole person factors such as job performance, professional qualities, depth and breadth of experience, leadership, and academic and professional military education.  The selection board had his entire record before them that clearly outlined his accomplishments since the date he began active duty.  Simply providing a memorandum from the evaluators and a substitute report stating they were unaware their comment would be perceived negatively is not enough evidence the report is erroneous.  Any report could be rewritten to be harder hitting, to provide embellishment, or enhance the applicant’s promotion potential.  DPPPE notes Air Force policy, is that an evaluation report is accurate as written when it becomes a matter of record.

DPPPE’s complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 July 2004 for review and comment 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 error or injustice.  It is clear to us that his rating chain had no intention of writing an OPR that could be construed as containing negative statements about the applicant’s performance.  The evidence he provided along with the rating chain’s intent to correct what they believed to be an error by signing a new OPR persuaded us to recommend the records 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 the Officer Performance Report(OPR),AF Form 707A,rendered for the period 10 April 2000 through 9 April 2001, be, and hereby is, declared void and removed from his records and the attached OPR, rendered for the period 10 April 2000 through 9 April 2001, relecting in Section VI, Rater Overall Assessment, last sentence “--- then squadron command” be filed in his records in its proper sequence.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY02B Lieutenant Colonel Central Selection Board and for any subsequent boards in which the attached OPR was not a matter of record.

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The following members of the Board considered this application in Executive Session on 13 October 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 26 May 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 26 Jul 04
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
    Exhibit E.  Letter, Applicant, dated 20 Aug 04.

 
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-02006

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 Officer Performance Report(OPR),AF Form 707A, rendered for the period 10 April 2000 through 9 April 2001, be, and hereby is, declared void and removed from his records and the attached OPR, rendered for the period 10 April 2000 through 9 April 2001, reflecting in Section VI, Rater Overall Assessment, last sentence “------ then squadron command” be filed in his records in its proper sequence.
	
	It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the CY02B Lieutenant Colonel Central Selection Board and for any subsequent boards in which the attached OPR was not a matter of record.

Attachment:
OPR closing 9 April 2001