Search Decisions

Decision Text

AF | BCMR | CY1999 | 9901057
Original file (9901057.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01057
                       INDEX CODE:  111.01

                       COUNSEL:  None

                       HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered  for  the  period      2
July 1996 through 4 July 1998, be declared void and removed  from  his
record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant states that his rater was coerced by  superior  officers  to
make the contested report a referral, that there was undue emphasis on
an isolated incident, and,  that  there  was  a  lack  of  performance
feedback counseling.

In support of the appeal applicant submits  numerous  e-mails  between
himself and the rater of the contested report.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force  Reserves  in  the
grade of major.

A similar application was submitted under the provisions  of  AFI  36-
2401,  Correcting  Officer  and  Enlisted  Evaluation  Reports.    The
Evaluation Report  Appeal  Board  (ERAB)  was  not  convinced  by  the
applicant’s documentation and denied the appeal.

OPR profile since 1993, follows:

           PERIOD ENDING           EVALUATION OF POTENTIAL

                         1 Jul 93        Meets Standards (MS)
                         1 Jul 94              MS
                         1 Jul 95              MS
                         1 Jul 96              MS
                        *4 Jul 98        5 MS ratings
                                1 does not MS

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Appeals  and  SSB  Branch,   AFPC/DPPPA,   reviewed   the
application and states that the rater should be writing a letter (with
date and signature) of support to void the  contested  OPR  since  the
flavor of the e-mails indicates  the  applicant  was  not  dealt  with
fairly.  They point out as stated in AFPC/DPPP’s decision  memorandum,
“if the rater  believes  she  was  coerced,  she  must  provide  clear
evidence for the  Board  to  make  a  determination.   The  supporting
statement must identify the person who  did  the  coercing,  list  the
specific threats that were made, and identify any  witnesses  who  can
corroborate the incident.  To strengthen the case, it would be helpful
to have statements from members of the rating chain that provide clear
evidence of error or injustice.”

They also point out that the rating was still the rater’s choice as to
whether or not to refer the report to the applicant.  Had  she  chosen
not to refer it, then it would have been up to the additional rater to
refer the report.

In  this  case,  the  applicant  provides  nothing  from  any  of  the
evaluators, particularly the rater.   Without  benefit  of  supporting
documentation from anyone in  the  evaluation  chain,  they  can  only
conclude the OPR is accurate as written.   Therefore,  they  recommend
denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 1999, a complete copy  of  the  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.    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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 October 1999, under the provisions of AFI  36-
2603:

           Ms. Rita S. Looney, Panel Chair
           Ms. Patricia D. Vestal, Member
           Mr. John E. Pettit, Member
           Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPA, dated 2 Jun 99, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 14 Jun 99.




                                   RITA S. LOONEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9803324

    Original file (9803324.doc) Auto-classification: Approved

    The contested report was filed in applicant’s records on 29 Jul 98. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and provided a one-page statement and a statement from his commander. Therefore, we recommend his record, to include the contested report, be considered by an SSB for the CY98B selection board.

  • AF | BCMR | CY1998 | 9703573

    Original file (9703573.pdf) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY REC J@h 2 1998 RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 97-03573 COUNSEL: NONE HEARING DESIRED: NO - APPLICANT REQUESTS THAT: Her Officer Performance Report (OPR) which closed out 15 Jun 97, be included for consideration on the CY97C Lt Col selection board through the Special Selection Board (SSB). To justly select officers for promotion, the Central Selection Board should consider/review the officer's entire record. A complete copy...

  • AF | BCMR | CY1999 | 9802300

    Original file (9802300.doc) Auto-classification: Denied

    They further note that a PME recommendation is not a determining factor or guarantee of promotion selection by the promotion board. The selection board had his entire officer selection record that clearly outlines his accomplishments since the date he came on active duty. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and...

  • AF | BCMR | CY1999 | BC-1998-00355

    Original file (BC-1998-00355.doc) Auto-classification: Approved

    In support of her request, applicant submits a revised application, with a personal statement, copies of the contested OPR, the AFI 36- 2401 application and the decision, a statement from the rater, SAF/IGQ addendum to the USAFE/IG report of investigation, and additional documents associated with the issues cited in her contentions (Exhibit A). DPPPA stated that the applicant received a referral Officer Performance Report (OPR), closing 31 Mar 94, that was subsequently removed by the...

  • AF | BCMR | CY1999 | 9800355

    Original file (9800355.doc) Auto-classification: Approved

    In support of her request, applicant submits a revised application, with a personal statement, copies of the contested OPR, the AFI 36- 2401 application and the decision, a statement from the rater, SAF/IGQ addendum to the USAFE/IG report of investigation, and additional documents associated with the issues cited in her contentions (Exhibit A). DPPPA stated that the applicant received a referral Officer Performance Report (OPR), closing 31 Mar 94, that was subsequently removed by the...

  • AF | BCMR | CY1999 | 9900116

    Original file (9900116.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00116 INDEX CODE: 111.01 COUNSEL: None HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) rendered for the period 1 Sep 96 through 1 Jul 97 be declared void and removed from his records. While the applicant provided statements from individuals outside the rating chain, we are not persuaded...

  • AF | BCMR | CY1999 | BC-1998-01229

    Original file (BC-1998-01229.doc) Auto-classification: Denied

    DPPPA further states that an evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered and once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. The EPR was designed to provide a rating for a specific period of time based on the performance noted during that period, not based on previous performance. Exhibit E. Letter, AFBCMR, dated 13 Jul 98.

  • AF | BCMR | CY1999 | 9801229

    Original file (9801229.doc) Auto-classification: Denied

    DPPPA further states that an evaluation report is considered to represent the rating chain’s best judgment at the time it is rendered and once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual’s record. The EPR was designed to provide a rating for a specific period of time based on the performance noted during that period, not based on previous performance. Exhibit E. Letter, AFBCMR, dated 13 Jul 98.

  • 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 | CY2000 | 0001203

    Original file (0001203.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: The 16th Operations Support Squadron (OSS) completed a 161-day OPR reflecting his current duty, Operations Officer, early in order to be signed and faxed to the promotion board in time for inclusion in his records. The Editor also states that the rater did have full intent for the contested report to meet the board. HENRY ROMO, JR. Panel Chair AFBCMR 00-01203 MEMORANDUM FOR THE CHIEF OF STAFF Having...