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AF | BCMR | CY2001 | 0100121
Original file (0100121.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00121
            INDEX CODE:  111.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Performance Report (OPR) rendered for the period of  18  Dec  95
through 17 Dec 96, be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR makes reference to a civilian conviction that does not exist.  On  8
Jan 98, all charges were dismissed and he was released  from  all  penalties
resulting from said offense.  He has the  full  support  of  his  rater  and
additional rater in this matter.

In support of his request applicant provided a copy of his 17  Dec  96  OPR;
Grand Forks  County  District  Court  orders;  his  criminal  record  check;
statements from his rater and additional rater; and, his Evaluation  Reports
Appeal Board (ERAB) decision. His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the personnel data system reveals that  applicant
was appointed a second lieutenant, Reserve of the Air Force  on  14  Jun  92
and was voluntarily ordered to extended active duty (EAD) on 8 Dec  92.   He
was progressively promoted to the grade  of  captain,  having  assumed  that
grade with a date of rank of 14 Jun 96.

The following is a resume of his recent OPR profile.

      PERIOD ENDING    OVERALL EVALUATION

      21 Apr 00        Training Report
      31 Jul 99        Training Report
      12 Jul 99        Meets Standards
      17 Dec 98        Meets Standards
      23 Apr 98        Training Report
      17 Dec 97        Meets Standards
 *17 Dec 96 Does Not Meet Standards

* - Contested report.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Evaluation Programs  Branch,  AFPC/DPPPEP,  reviewed  applicant’s
request and recommends denial.  DPPPEP states that applicant  twice  engaged
in inappropriate conduct which was properly  documented  on  his  OPR.   His
rating chain has been misled to believe that he was  not  convicted  of  the
charges at all.  He was initially convicted  (after  his  plea  of  guilty);
however, only after completion  of  the  terms  of  the  probation  was  the
conviction later dismissed.  Although the Grand Forks County District  Court
dismissed the charges against him, when the rater signed  and  referred  the
OPR on 2 Jan 96, the statement on the OPR was a true and accurate  statement
(see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Apr
00 for review and response within 30 days.  As of  this  date,  this  office
has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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  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.  Evidence has not been presented which would lead us  to  believe
that the contested report is not a  true  and  accurate  assessment  of  the
applicant's behavior during the specified time period.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in 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 14 Jun 01, under the provisions of AFI 36-2603:

      Mr. Henry Romo, Jr., Panel Chair
      Mr. Albert F. Lowas, Jr., Member
      Mr. John E. Pettit, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 9 Mar 01.
    Exhibit D.  Letter, SAF/MIBR, dated 20 Apr 01.




                                   HENRY ROMO, JR.
                                   Panel Chair

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