RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                             DOCKET  NUMBER:   01-
00126
                                             INDEX CODE:  111.01

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered for the period  1 Mar
99 through 15 Jan 00 be declared void and removed from his records.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The contested report does not meet Air Force standards for a  valid
referral  report  and  no   performance   feedback,   contrary   to
information included in the OPR, from the rater was  given  stating
he  was   performing   below   standards.    No   disciplinary   or
administrative actions were taken to apprise him of  any  perceived
shortfall in  leadership.   This  report  was  written  because  he
requested a medical reassignment based upon a  preexisting  medical
condition.  The OPR was written out of spite and does  not  support
the position of substandard performance.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD)
is 8 Oct 85.  He is currently serving on extended  active  duty  in
the grade of major, effective, and with a date  of  rank  (DOR)  of
1 Nov 97.

Applicant’s OPR profile since 1991 follows:

            PERIOD ENDING          OVERALL EVALUATION

             14 Jun 91              Meets Standards (MS)
             19 Dec 91              MS
             14 May 93        Education/Training Report (TR)
             14 May 94              MS
             16 Dec 94              TR
             14 May 95              MS
             29 Feb 96              MS
             28 Feb 97              MS
             28 Feb 98              MS
             28 Feb 99              MS
           * 15 Jan 00    Does Not Meet Standards (Referral Rpt)

     *  Contested report.

A similar appeal to remove the contested OPR was submitted  to  the
Evaluation Reports Appeal Board (ERAB) under AFI 36-2401 which  was
denied.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Performance Evaluation  Section,  AFPC/DPPPEP,  reviewed
this application and indicated that a rater’s failure to conduct  a
required  or  requested  feedback  session  does  not,  by  itself,
invalidate any subsequent OPR  or  Promotion  Recommendation  Forms
(PRFs).  Feedback is not only the rater’s responsibility, the ratee
notifies the rater and, if necessary, the  additional  rater  if  a
required feedback session did  not  take  place  and  requests  the
feedback session as needed.

DPPPEP states that an OPR must be referred when an “evaluator marks
‘Does Not Meet Standards’ in any performance factor in  Section  V”
or when “comments in the OPR, or the attachments, refer to behavior
incompatible with standards of personal  or  professional  conduct,
character, or integrity.”  The applicant believes he  was  given  a
referral OPR solely on his recurring  medical  condition,  not  his
duty performance.  However, his evaluator’s contend in the OPR that
he was removed  from  command  due  to  a  combination  of  medical
concerns  and  ineffectiveness.   There  is   no   prohibition   on
mentioning a medical condition in the evaluation especially  if  it
affects duty performance.  The evaluator’s are required to take all
performance factors into account when writing an evaluation and  if
the medical condition is hindering  duty  performance,  it  may  be
documented on the evaluation.  By applicant’s own admission, in his
rebuttal letter to his referral OPR, he was given  verbal  feedback
stating he was “deficient” in several  areas.   These  deficiencies
may  have  impacted  the  additional  rater’s  comments/performance
ratings.  It would be necessary to hear from  the  members  of  the
rating   chain,   not   only   for    support    but    also    for
clarification/explanation.  Without rating  chain  support,  DPPPEP
has to believe the  report  was  rendered  in  good  faith  by  all
evaluators.  Based on the information presented, DPPPEP  recommends
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:

Applicant reviewed the Air Force evaluation and provided  a  three-
page response, stating, in  part,  that  he  was  never  given  any
indication there were problems  with  his  duty  performance.   His
supporting package shows the squadron improved markedly  under  his
leadership in many areas and the only feedback he did  receive  was
in fact positive from his evaluators.  After reading the  contested
OPR, you will not be able to determine what he did wrong to justify
a referral report and  why  this  flawed  report  should  ruin  his
career.  He believes the report  was  written  to  punish  him  for
requesting a medical transfer before his condition interfered  with
his duties as a squadron commander.  The report was written without
any justification or supporting documentation to back  up  the  Air
Force position of substandard performance.

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 believe that  the  applicant’s
performance was based on factors other than his actual  performance
of duties.  It appears the applicant received the  “Does  Not  Meet
Standards” rating in Section V  (Performance  Factors)  because  he
requested a medical reassignment based  on  a  preexisting  medical
condition.   We  do  not  believe  that  this  factor  should  have
influenced the assessment of his performance.  In our opinion,  the
comments on the contested report are vague in  nature  and  do  not
cite any specifics on ineffectiveness or  substandard  performance.
While the applicant failed to provide  supporting  statements  from
the rater and additional rater of the  report  in  question,  after
noting the statement of the additional rater, in his  pen  and  ink
note of 30 Oct 99, in which he states he and the rater  were  proud
of applicant’s work, we believe that some doubt exists  as  to  the
accuracy of the report.  In view of the above and the fact that the
contested  report  represents  a  regression   in   his   otherwise
outstanding performance history, and  in  order  to  eliminate  any
doubt and possible injustice to the applicant,  we  recommend  that
the OPR in question be declared void and removed from his 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, AF Form 707A, rendered for  the  period
1 Mar 99 through 15 Jan 00, be declared void and removed  from  his
records.

_________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 24 April 2001, under the provisions of AFI 36-
2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Mike Novel, Member
              Mr. Billy C. Baxter, Member

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

     Exhibit A.  DD Form 149, dated 10 Jan 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPEP, dated 7 Feb 01.
     Exhibit D.  Letter, AFBCMR, dated 23 Mar 01.
     Exhibit E.  Letter fr applicant, dated 2 Apr 01.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair


INDEX CODE:  111.01

AFBCMR 01-00126




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  Field  Grade
Officer Performance Report, AF Form 707A, rendered for  the  period
1 March 1999 through 15 January 2000, be, and hereby  is,  declared
void and removed from his records.







                                                           JOE   G.
LINEBERGER
                                                         Director
                                                         Air  Force
Review Boards Agency