Search Decisions

Decision Text

AF | BCMR | CY1999 | 9900063
Original file (9900063.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00063
                       INDEX CODE: 111.00

                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered for the  period  4 April  1989
through 3 April 1991, be declared void and removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon his discharge from active duty in the Air Force on  30  June  1989,  he
became an Individual Mobility Augmentee (IMA)  in  the  Air  Force  Reserve.
After approximately one year of  IMA  service,  he  moved  from  the  Wright
Patterson area due to relocation with  his  civilian  employment.   At  that
time, he called the IMA office at Wright Patterson and spoke with  Ms.  T---
A---, the IMA coordinator, to tell her he had moved.  He also gave  her  his
new address and telephone number, and asked to be  placed  in  the  inactive
Reserve.  She stated that would not be a  problem,  to  send  her  a  letter
stating his requests and the rest would be  taken  care  of.   He  sent  the
letter and never thought anymore about it assuming the proper  contacts  had
been made.  He  never  received  any  correspondence  inquiring  as  to  his
intention to complete more IMA duty or asking why he had not been at  Wright
Patterson to do more IMA  time,  so  he  thought  he  was  in  the  inactive
Reserve.  Obviously, from the statements on the  contested  OPR,  people  in
his rating chain were never notified  of  his  switch  to  inactive  Reserve
status.  At no time during the period he was in  the  Reserve  was  he  ever
informed an OPR had been written covering his  Reserve  time.   He  believes
this OPR was written without full knowledge of the facts and  circumstances.


In support of the appeal, applicant submits a statement from  the  rater  on
the contested OPR stating that when he  wrote  the  contested  OPR,  he  was
unaware the applicant was no longer an IMA and had, in fact, gone  into  the
inactive Reserve.  It was not
communicated to him that  approximately  eight  months  before  writing  the
contested report he had properly notified the IMA office of  his  change  in
status and would no longer be serving as an IMA.  After leaving active  duty
in July 1989, the applicant performed his IMA duties for  nearly  one  year.
During that period  he  was  an  outstanding  officer  and  pharmacist,  but
unfortunately, what was written in the contested OPR did not  truly  reflect
his impeccable performance since he was not told of the  applicant’s  change
of status.

Applicant also submits a  statement  from  the  officer  in  charge  of  the
Outpatient Pharmacy at Wright Patterson AFB.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the grade of  second  lieutenant,  Reserve
of the Air Force (ResAF), Biomedical Sciences Corps (BSC) on 10 April  1986,
and entered on extended active duty (EAD) on 27 June 1986.

On 30 June 1989, he was released from active duty  and  transferred  to  the
United States Air Force Reserves (USAFR).  On 9 June 1994, he was  honorably
discharged from all appointments in the  United  States  Air  Force  in  the
grade of captain.

On 6 June 1995, applicant was commissioned in the grade of  captain,  ResAF,
BSC, and entered EAD on 1 July 1995.

Applicant was considered and selected for promotion to the  grade  of  major
by the CY99A Selection Board.

OPR profile since 1989, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                       03 Apr 89             Meets Standards
                      *      03 Apr 91             Meets Standards
                   No Report Available for period 4 Apr 91 - 30 Jun 95
                       06 Jun 96             Meets Standards
                       02 May 97             Meets Standards
                       02 May 98             Meets Standards
                       20 Feb 98        Education/Training Report

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel  Program  Management,  HQ  ARPC/DP,  reviewed  the
application and states that the applicant provided no evidence he  requested
a change in status in August 1990.  If a proper change in  status  had  been
executed, he would have been transferred to the  Obligated  Reserve  Section
and a report would not have been  required  according  to  AFR  36-10,  para
38b(1), the governing regulation at the time.  Without  some  evidence  that
the applicant requested a change in status or that the Air Force  failed  to
act  on  that  request,  they  can  only  assume  that  he  simply   stopped
participating.  As of the close out date of  the  report  in  question,  the
applicant met all the requirements for a performance report to  be  rendered
to include participation  points.   They  recommend  denial  of  applicant's
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  he  is  not
arguing whether the report should have been generated;  to  him  that  is  a
moot point.  He is challenging the content of the report.   He  has  offered
into evidence a letter from the person who wrote the  report  stating  this.
He believes this is the one person who can best state whether the report  is
accurate and factual.  Obviously, according to his  letter,  he  believes  a
mistake was made.  He did exactly what the IMA coordinator told him  to  do,
that being to send her a letter with  his  change  in  status  request.   He
relied on the Air Force’s functional area expert for advice in handling  his
request.  Despite this, no one ever executed the  proper  change.   When  he
contacted Ms. A--- over a year ago, she told him  she  had  no  recollection
regarding his situation.  He does not have a copy  of  the  letter  he  sent
almost nine years ago.  Between that time and now,  he  has  separated  from
the Air Force, received his Honorable Discharge, and  moved  forward.   Once
separated, the last thing he would think of keeping is a copy  of  a  letter
he sent several years previously.  Certainly, no reasonably  prudent  person
could be expected to keep such a letter either.

Applicant's complete response is attached at Exhibit E.

_________________________________________________________________

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 probable error or injustice.  After reviewing the  evidence  of
record, we are persuaded that  the  contested  report  is  not  an  accurate
assessment of applicant’s performance.  We note that  the  applicant  states
he contacted the Individual Mobility Augmentee (IMA) coordinator  to  inform
her of his move and to request that he be placed in  the  inactive  Reserve.
In addition we note the statement from the rater  on  the  contested  report
indicating that when he wrote the report he was unaware that  the  applicant
was no longer an IMA and had gone into  the  inactive  Reserve.   The  rater
also states that the contested OPR did not  truly  reflect  the  applicant’s
impeccable performance since he was not told of the change  in  status.   In
view of the above and to offset any  possibility  of  an  injustice  to  the
applicant, we recommend the contested report be declared  void  and  removed
from his record.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  the  Company  Grade   Officer
Performance Report, AF Form 707B,  rendered  for  the  period  4 April  1989
through 3 April 1991, be declared void and removed from his records.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 August 1999, under the provisions of AFI 36-2603:

        Mr. Benedict A. Kausal, IV, Panel Chair
        Mr. Joseph A. Roj, Member
        Mr. John E. Pettit, Member
        Ms. Gloria J. Williams, Examiner (without vote)

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

   Exhibit A.  DD Form 149, dated 30 Dec 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DP, dated 23 Feb 99.
   Exhibit D.  Letter, AFBCMR, dated 15 Mar 99.
   Exhibit E.  Applicant's Response, dated 12 Apr 99.




            BENEDICT A. KAUSAL, IV
            Panel Chair

AFBCMR 99-00063




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 the Company Grade Officer
Performance Report, AF Form 707B, rendered for the period 4 April 1989
through 3 April 1991, be, and hereby is, declared void and removed from his
records.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02317

    Original file (BC-2004-02317.doc) Auto-classification: Approved

    The applicant contends the bias treatment he received on the contested reports carried over to the rating on his OPR closing 31 Aug 02, which he filed the IG complaint over. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request to remove three contested OPRs from his record, to consider him for promotion to the grade of major by special selection board, and reinstatement to active duty. In removing the three...

  • AF | BCMR | CY2003 | BC-2002-00890

    Original file (BC-2002-00890.doc) Auto-classification: Approved

    His Promotion Recommendation Form (PRF) prepared for consideration by the Calendar Year 1999B Central Lieutenant Colonel Selection Board be voided and replaced with a reaccomplished PRF. A complete copy of the AFPC/DPPPO evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the advisory opinion and furnished a detailed response and additional documentary evidence which are attached...

  • AF | BCMR | CY2000 | 9603045

    Original file (9603045.doc) Auto-classification: Denied

    It was never referred to him nor were its contents made known to him until after it was a matter of record. However, they recommend the report be corrected by transferring its content to an AF Form 707B. Regarding applicant’s contention that he was never given a copy of the report, we note that, unless it is a referral report, the ratee will not be shown the prepared Air Force forms until the report is filed in the UPRG.

  • AF | BCMR | CY2000 | 9900143

    Original file (9900143.doc) Auto-classification: Denied

    APPLICANT CONTENDS THAT: The Article 15 is invalid because it was imposed after the 2-year statute of limitations for such; the contested OPR is also invalid because he did not work for the rater for the required 120-days of supervision; and the discharge should be upgraded due to the inconsistencies under which it was given. STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by...

  • AF | BCMR | CY1999 | 9801872

    Original file (9801872.doc) Auto-classification: Approved

    A copy of the complete Air Force evaluation is attached at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the advisory and provides a “Late Decoration Recommendation” letter from his former commander that he recently found stored in his files and which he wants considered in his request for SSB consideration for his BPZ board [CY95A]. The former commander indicates that, after his departure, “the...

  • AF | BCMR | CY1999 | 9900322

    Original file (9900322.doc) Auto-classification: Approved

    Since the IG investigation sustained the applicant's allegation that the contested report was written as an act of reprisal, equity dictates that the report be declared void and the applicant be reconsidered for promotion to major by an SSB for all boards that the report was a matter of record. It is further recommended that he be considered for promotion to the grade of major by Special Selection Boards for the Calendar Years 1996C and 1997E Central Major Boards; and that, if selected for...

  • AF | BCMR | CY2006 | BC-2005-01815

    Original file (BC-2005-01815.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01815 (CASE 6) XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 11 Dec 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 2 Feb 01 through 1 Feb 02 be declared void and removed from his records, and the attached reaccomplished OPR be accepted...

  • AF | BCMR | CY2003 | BC-2003-01731

    Original file (BC-2003-01731.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 03-01731 INDEX CODE: 111.01 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The referral Officer Performance Report (OPR) closing 27 March 2001, Promotion Recommendation Form (PRF) P0401A and any associated memoranda regarding the referral period be removed from his records and his corrected record be...

  • AF | BCMR | CY2002 | BC-2002-01622

    Original file (BC-2002-01622.doc) Auto-classification: Approved

    All LEAD officers display the current PAS of assignment (which is active duty), the file from which the data is obtained (“BA” meaning active duty officer), an identifier showing “AGR” (also indicating full-time active duty), and 239 active duty training points in the current retirement/retention (R/R) year (“PT SINCE: 13 Feb 01” at the bottom of the OSB). In addition, after reviewing the applicant’s OPRs, we noted that the assignment history section of the contested OSB contains...

  • AF | BCMR | CY1997 | 9502759

    Original file (9502759.pdf) Auto-classification: Approved

    AIR FORCE EVALUATION: The Master Records Management Division, ARPC/DSMO, reviewed this application and recommended denial, stating that, although the applicant has provided favorable communications from individuals not in his rating chain for the OPRs in question, they are not convinced by the evidence provided, that these reports do not accurately portray applicant's duty performance and should be removed from his record. If the Board disagrees, they recommended removal of the...