RECORD OF PROCEEDINGS
BOARD FOR CORRECTION OF MILITARY RECORDS
AIR FORCE
IN THE MATTER OF:
DOCKET "IBER: 98-00 SEtJ 8 5 1998
COUNSEL: NONE
HEARING DESIRED : '*NO
APPLICANT REOUESTS THAT:
His Officer Performance Report (OPR), rendered for the period
17 April 1994 through 16 April 1995, be declared void and removed
from his records.
APPLICANT CONTENDS THAT:
The contested report does not accurately reflect his performance.
In support of his request, applicant submits copies of his AFI
36-2401 applications, with statements from the rater of the
contested report and the rater from a previous EPR, and
additional documents associated with the issues cited in his
contentions (Exhibit A).
STATEMENT OF FACTS:
On 11 September 1978, the applicant was appointed a second
lieutenant, Reserve of the Air Force, and was voluntarily ordered
to extended active duty. He was integrated into the Regular Air
Force on 14 September 1982 and has been progressively promoted to
the grade of lieutenant colonel, effective and with a date of
rank of 1 September 1994.
Applicant's OPR profile, commencing with the report closing
16 April 1993, follows:
Period Endinq
16 Apr 93
* 16 Apr 94
16 Apr 95
16 Apr 96
16 Apr 97
Evaluation
Meets Standards (MS)
MS
MS
MS
MS
* Contested OPR (Exhibit B).
Two similar appeals by the applicant, under Air Force Instruction
(AFI) 36-2401, were considered and denied by the Evaluation
Report Appeal Board (ERAB) on 11 June 1997 and 29 October 1997.
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management,. HQ AFPC/DPPP,
reviewed this application and recommended denial. DPPP stated
that the letter from the rater supports removal of the contested
OPR - it does not support replacing the report with a
reaccomplished version. The rater's letter does not substantiate
the report, as written, is invalid. The letter from the rater of
applicant's previous (16 April 1994) OPR attests to the
applicant's performance during that rating period; however, he
was not charged with the responsibility of assessing the
applicant's duty performance during the contested period. DPPP
noted that the reaccomplished report contains concurrence, a
statement, and a signature of the individual who was temporarily
appointed as wing commander in the absence of the wing commander
while he was on temporary duty.
While this individual has
provided comments and his signature for the reaccomplished
report, he has not provided a statement of support on the
applicant's behalf. DPPP indicated that the applicant has not
substantiated the contested report was not rendered in good faith
by all evaluators based on knowledge available at the time. A
complete copy of this evaluation is appended at Exhibit C.
-
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that he
amends his initial request to have the OPR reaccomplished and
signed by Lieutenant General B---. His request is to have the
OPR removed. He believes there is enough inconsistency between
the OPR written by Brigadier General K--- and the Meritorious
Service Medal (MSM) signed by Brigadier General K--- to put the
OPR in question (Exhibit E) .
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
reviewing the evidence presented, we are persuaded that the
applicant may not have been fairly evaluated by the additional
rater/reviewer at the time the report was rendered. In this
respect, we took note of the statements from the applicant's
rater of the contested report and his former rater, who indicated
2
98- 00685
that the report was an inaccurate assessment of the applicant's
duty performance. They unequivocally stated that the applicant
did an outstanding job and that the contested report does not
accurately reflect his overall performance as the 354th Services
Squadron Commander. Additionally, we believe that the awards the
applicant received, while the commander of the 354h Services
Squadron, substantiate the statements of support. In view of the
foregoing, we believe any doubt concerning the. fairness and
accuracy of the contested report should be resolved in favor of
the applicant. Accordingly, we recommend that the contested
report be declared void and removed from the applicant's records.
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 17 April 1994 through 16 April 1995, be declared void and
removed from his records.
The following members of the Board considered this application in
Executive Session on 21 July 1998, under the provisions of AFI
36-2603 :
Mr. David W. Mulgrew, Panel Chair
Mr. Joseph G. Diamond, Member
Mr. Terry A. Yonkers, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Feb 9 8 , w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPP, dated 19 Mar 98.
Exhibit D. Letter, SAF/MIBR, dated 30 Mar 98.
Exhibit E. Letter from applicant, undated.
DAVID W. MULGREW
Panel Chair
3
98-00685
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEP 1 5 1998
Office of the Assistant Secretary
AFBCMR 98-00685
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:
I
records of the Department of the Air Force relating to
corrected to show that the Field Grade Officer Perfo
, rendered for the period 17 April 1994 through 16 April 1995, be, and
hereby is, declared void and removed from his records.
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