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AF | BCMR | CY2000 | 0000052
Original file (0000052.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00052
            INDEX NUMBER:  111.01

XXXXXXXXXXXXXXXX COUNSEL:  None

      XXXXXXXXXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

The referral Officer Performance Report (OPR) rendered on  him  for
the period 4 March 1996 to 30 September 1996 be  removed  from  his
records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The  attachments  filed  with  the   referral   OPR   closing   out
30 September 1996 are not the attachments  he  submitted  with  his
rebuttal and, therefore, the reviewer never saw or  considered  his
actual rebuttal and attachments.

He was given a referral OPR due  to  undue  influence  outside  his
rating chain.

The applicant’s complete submission is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

The Personnel Data System reflects the applicant’s total  years  of
service date (TYSD) as 22 April 1988.  He transferred  to  the  Air
Force Reserves on 1 January 1997.

The applicant’s OPRs, both prior and subsequent  to  the  contested
report, indicate overall ratings of “meets standards.”

Information provided by the applicant and the Air  Force  indicates
that the applicant was involved in an off duty  incident  where  he
refused to take a Breathalyzer on 14 Apr 96.  A  referral  OPR  was
rendered on him for the period 25 June 1995 through  24  June  1996
and referred to him by his additional rater  on  17  January  1997.
The applicant successfully pointed  out  to  the  reviewer  in  his
rebuttal that  the  period  covered  by  the  referral  report  was
incorrect and that he was due a change of reporting official  (CRO)
report closing out 3 March 1996.  The reviewer agreed with him  and
directed that a CRO be accomplished for the period 25 June 1995  to
3 March 1996.  Since the  off  duty  incident  occurred  after  the
closeout of the CRO, the report was not referred.

The additional rater determined that an OPR should be  accomplished
on the applicant to document his misconduct.  He  directed  that  a
report be accomplished under AFI 36-2402, Table 3.1,  Rule  3.   It
could not be determined that anyone supervising the  applicant  had
the required 120 days of supervision.  It was finally decided  that
one of the applicant’s supervisors  had  110  days  of  supervision
encompassing the  date  of  the  incident.   The  additional  rater
requested and received a waiver for a report to be rendered on  the
applicant with only 110 days of supervision.  The contested report,
covering the period 4 Mar 96 thru 30 Sep 96, was  referred  to  the
applicant on 9 December 1997.  The applicant submitted  a  rebuttal
on 8 January 1998.

The applicant appealed the report to the Evaluation Reports  Appeal
Board  (ERAB).   The  ERAB  denied  the  applicant’s   request   on
22 October 1999.
___________________________________________________________________

AIR FORCE EVALUATION:

The  Evaluations  Program  Branch,   AFPC/DPPPE,   evaluated   this
application and recommends denial of the applicant’s request.

It was determined that the applicant’s attachments to his  rebuttal
could have been incorrectly processed  and  the  wrong  attachments
filed with the report. The reviewer confirmed, however, that he had
reviewed and considered the rebuttal and  attachments  intended  by
the   applicant.    The    reviewer’s    endorsement    is    dated
9 December  1997,  prior  to  the  applicant’s  rebuttal,  but  the
reviewer also verified that he actually signed  the  report  on  or
about 13 January 1998, after the applicant’s rebuttal.

In regard  to  the  applicant’s  contention  that  the  report  was
referred because  of  undue  influence,  the  applicant  failed  to
provide any documentation or evidence to support this.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant for  review
and comment within 30 days.  As of this date, no response has  been
received.

___________________________________________________________________

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 opinions and recommendation
of the Air Force office of primary responsibility and  adopt  their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.  Therefore, based  on
the available evidence of record, we find no basis  upon  which  to
favorably consider this application.

___________________________________________________________________

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  28  June  2000,  under  the  provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Olga Crerar, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Dec 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPE, dated 21 Mar 00, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 7 Apr 00.



                                   Richard A. Peterson
                                   Panel Chair

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