RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00212
INDEX CODE:114.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR), AF Form 707B, rendered for the period
7 April 1992 through 17 November 1992 be permanently removed from his
official personnel records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed a second lieutenant, Reserve of the Air Force,
on 18 October 1993 and was voluntarily ordered to extended active duty on
15 February 1994. He has progressively been promoted to the grade of
captain, effective and with a date of rank of 13 August 1991.
The applicant was considered and not selected for promotion to the grade of
major by the CY98B, CY99A, CY00A and CY00B Major Selection Boards.
The applicant has received eleven (11) OPRs since he was promoted to
captain, all of which reflect “Meets Standards.”
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Performance Evaluation Section, AFPC/DPPPEP, reviewed the application
and recommends denial. DPPPEP states that in the absence of documentation
from the evaluators or the official findings from the Inspector General or
the Social Actions offices, DPPPEP cannot presume the rater deliberately
weakened the report because the applicant may have confronted him with
discrimination. Other than his own testimony, the applicant has not
provided any official documentation to support his allegation. Therefore
we recommend the applicant’s request be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and reiterated and
elaborated on his initial contentions. He states that as an act of
reprisal by his rater for confronting him with an alleged act of
discrimination, his OPR was weakly written (Exhibit E).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
documentation submitted, we are convinced that the OPR should be removed
from the applicant's record. The Board took note of the applicant’s
assertion that his rater deliberately weakened his OPR as a punishment for
confronting him with discrimination and, that the only two individuals who
may have been able to corroborate his assertions are deceased. However,
the Board is of the opinion, after reviewing the applicant’s complete OPR
records, that his prior and post performance leave the OPR in question
suspect. In view of this consideration we believe any doubt should be
resolved in the applicant’s favor and that his OPR for period ending 17
November 1992 should be removed from his records. Furthermore, to preclude
any possibility of a promotion injustice to the applicant, his corrected
record should be considered by Special Selection Boards (SSBs) for
promotion to major by all the selection boards which reviewed the contested
OPR.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that the Officer Performance Report, AF
Form 707B, rendered for the period 7 April 1992 through 17 November 1992,
be declared void and removed from his records.
It is further recommended that he be considered for promotion to the grade
of major by a Special Selection Board for the CY98B Major Promotion Board
and for any subsequent boards for which the Officer Performance Report
closing 17 November 1992 was a matter of record.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 4 April 2001, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chairman
Mr. Timothy Beyland, Member
Mr. Roscoe Hinton, Jr., Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 01, w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Exhibit C. Letter, AFPC/DPPPEP, dated 12 Feb 01.
Exhibit D. Letter, SAF/MIBR, dated 23 Feb 01.
Exhibit E. Applicant’s Response, dated 11 Mar 01, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 01-00212
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 APPLICANT, be corrected to show that the Officer Performance
Report, AF Form 707B, rendered for the period 7 April 1992 through 17
November 1992, be, and hereby is, declared void and removed from his
records.
It is further directed that he be considered for promotion to the
grade of major by a Special Selection Board for the CY98B Major Promotion
Board and for any subsequent boards for which the Officer Performance
Report closing 17 November 1992 was a matter of record.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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