RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02037
		INDEX CODE:  111.01, 131.00
		COUNSEL:  
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His Officer Performance Report (OPR) closing 18 Aug 02, be replaced with a corrected OPR.

2.  He be promoted to the grade of lieutenant colonel; or in the alternative, he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the Calendar Year 2002B (CY02B) and CY03A Central Lieutenant Colonel Selection Boards.

3.  He receive all back pay and allowances.

4.  He be selected to attend Senior Service School (SSS) at the Center, School of International Studies, Garmisch-Partinkirchen, Republic of Germany. 

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APPLICANT CONTENDS THAT:

His rater prepared an OPR and forwarded it to the additional rater along with a signed blank OPR.  The OPR was retyped using the signed blank form by the additional rater's staff and the rater's comments were altered.  The alteration of the rater's comments left visible blank space in the "Rater Overall Assessment" section of the OPR.  This blank space is highly derogatory and almost certainly guaranteed unfavorable consideration by the promotion selection board.  A statement provided by a board member for the CY02B board reflects that leaving blank space is an indication to the selection board members that the officer's command does not favor promotion to the next higher grade; regardless of the laudatory comments contained in the OPR.  Letters have been provided by his rater, additional rater, and reviewer supporting his request for correction of his OPR and SSB consideration.  The applicant provided details of his accomplishments during the period in question as well as his accomplishments throughout his military career and adds that it would be unfair to deny his promotion to lieutenant colonel because of an erroneous OPR that went into his records through no fault of his own.  

In support of his request, applicant provided his counsel's brief and documentation pertaining to his Evaluation Reports Appeal Board (ERAB) appeal.  His 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 17 Dec 85 and was voluntarily ordered to extended active duty on 17 Feb 89.  He was progressively promoted to the grade of major having assumed that grade effective and with a date of rank of 1 Jul 98.  He was considered and not selected for promotion to the grade of lieutenant colonel by the CY02B and CY03A selection boards.

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AIR FORCE EVALUATION:

AFPC/DPPPE reviewed applicant's request and recommends denial.  DPPPE states it is not clear why the additional evaluators, who are senior ranking officers and fully aware of such an implication, continued to process the contested report, knowingly, with the blank space in the rater's comments.  The applicant was approaching his in-the-promotion zone board and the contested report was the top report in his selection record.  The report was originally written and indorsed as intended.  Any OPR can be rewritten to be more hard-hitting.  In the reaccomplished OPR there is basically no new information, just a more eloquent narrative to fill up the blank space.  It appears the report is an attempt to retroactively enhance his promotion potential.  The OPR was filed in his selection record a full month prior to the selection board and more than enough time for the applicant to review his records.  Contrary to his counsel's contention, the applicant did not act with due diligence in maintaining reasonably careful records.  It is evident the applicant is not motivated by purported injustices in his OPRs, but by promotion nonselection.  

AFPC/DPPPO recommends denial of his request to substitute his OPR and consequently denial of direct promotion and SSB consideration.  The DPPPE/DPPPO 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 12 Aug 04 for review and comments within 30 days.  As of this date, this office has received no response.

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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 warranting replacement of the contested OPR with a reaccomplished OPR and SSB consideration for promotion.  In support of his request, the applicant provided evidence from his rating chain, which has led us to believe reasonable doubt exists as to whether or not the contested report, as written, accurately portrays their assessment of his promotion potential.  Given the support received from the senior Air Force officials involved, and having no plausible reason to doubt their integrity in this matter, we believe the contested OPR should be declared void and replaced with a reaccomplished OPR and he should be considered for promotion to lieutenant colonel by SSB.  We have been made aware that if selected for promotion by SSB, the applicant would then be considered by SSB for SSS candidacy.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant his direct promotion to the grade of lieutenant colonel through the correction of records process.  After careful review of the evidence of record, we find no reason why an SSB would be unable to render a fair and equitable determination.  We believe that an SSB comprised of duly appointed officers with access to the appropriate competing records, applying the complete whole person concept criteria, would be in the best position to render a determination of his suitability for promotion.  It is our opinion that direct promotion through the correction of records process is only appropriate in the most extraordinary circumstances where SSB consideration has been deemed totally unworkable.  We have no such showing here.  Therefore, we recommend his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 2 January 2002 through 18 August 2002, be declared void and removed from his records and the attached OPR closing 18 August 2002, reflecting "Maj --- is the epitome of a field grade officer.  He surges to top, can lead under tough conditions" in Section VI, Line 1, be accepted for file in its place.
It is further recommended that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2002B Central Lieutenant Colonel Selection Board and any subsequent boards in which the above OPR was a matter of record.  

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The following members of the Board considered AFBCMR Docket Number BC-2004-02037 in Executive Session on 28 Sep 04, 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 17 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPE, dated 5 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Aug 04.

AFBCMR BC-2004-02037

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 2 January 2002 through 18 August 2002, be, and hereby is, declared void and removed from his records and the attached OPR closing 18 August 2002, reflecting "APPLICANT is the epitome of a field grade officer.  He surges to top, can lead under tough conditions" in Section VI, Line 1, be, and hereby is, accepted for file in its place.
 
It is further directed that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2002B Central Lieutenant Colonel Selection Board and any subsequent boards in which the attached OPR was not a matter of record.  

							

Attachment:
OPR