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AF | BCMR | CY2001 | 0100212
Original file (0100212.doc) Auto-classification: Approved

                            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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