RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00789
INDEX CODE: 114.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Performance Report (OPR) rendered for the period 4 Sep 96
through 3 Sep 97, be declared void and removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Comments in the OPR are derogatory in nature and imply/refer to behavior
not meeting minimum acceptable standards of personal or professional
conduct, character, judgment, or integrity. His rater's comment regarding
his short notice departure/reassignment to ARPC implies or suggests some
improper action on his part. Further the rater's comment that "He should
focus on the interest of the wing and not being so obvious about his
disappointment when things do not appear to go his way", is derogatory in
nature and implies that his conduct, character, and/or judgment failed to
meet acceptable standards. The additional rater's comment "Increased
levels of responsibility not warranted at this time" is clearly the type of
non-specific/vague comment regarding behavior of performance, without
supporting explanation, that is prohibited by AFI 36-2406. The additional
rater's comment constitutes an implied promotion statement and is
therefore, prohibited. The OPR should have been treated as a referral
report and he should have been given a chance to comment on it before it
became a matter of record.
In support of his request, applicant provided a copy of the contested OPR.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the personnel data system reflects that the applicant
was appointed a first lieutenant, Reserve of the Air Force on 10 Mar 80.
He was progressively promoted to the grade of major, having assumed that
grade effective and with a date of rank of 10 Mar 94. Applicant is
currently a Non-Participating Reservist assigned to the Individual Ready
Reserve.
The following is a resume of his recent OPR profile:
PERIOD ENDING OVERALL EVALUATION
03 Sep 93 MEET STANDARDS
03 Sep 94 (MS)
03 Sep 95 (MS)
03 Sep 96 (MS)
03 Sep 97* (MS)
* - Contested Report
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB reviewed applicant's request and recommends denial. DPB states
that the OPR does not meet the requirements for a referral report in effect
when the report was rendered. It was not considered referral in nature
when rendered, so the procedures for notification and rebuttal were not
required. The DPB evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that AFI 36-2402 was clearly designed to prevent raters
from avoiding referral report procedures by rating the performance factors
of the OPR as "meets standards" while including contradictory, derogatory
remarks in the narrative portions of the OPR. The rater's comment is
clearly derogatory in nature and suggests that this conduct, character, and
judgment failed to meet minimum standards. The additional rater's comment
is an unambiguous, albeit vague, statement that his behavior was
incompatible with standards of personal or professional conduct, character,
or integrity.
The applicant's complete submission is at 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 error or injustice. After reviewing the available evidence of
record, we are inclined to believe that the OPR in question should have
been deemed referral in nature and that the applicant should have been
afforded the opportunity to provide comments on his own behalf. In this
respect, the OPR in question contains comments that in our opinion refer to
behavior that is incompatible with standards of professional conduct,
character, or integrity. Accordingly we believe that reasonable doubt
exists as to the appropriateness of the decision not to refer the OPR to
the applicant. It is our opinion that because of the magnitude of the
effect the OPR has on the applicant's career, any doubt in this matter
should be resolved in his favor. Accordingly, we recommend that his
records be corrected to the extent indicated below.
_________________________________________________________________
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 4 September 1996 through 3
September 1997, be declared void and removed from his records.
_________________________________________________________________
The following members of the Board considered Docket Number 02-00789 in
Executive Session on 27 Jun 02, under the provisions of AFI 36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Laurence M. Groner, Member
Ms. Kathleen M. Graham, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 12 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 26 Apr 02.
Exhibit E. Letter, Applicant, dated 6 May 02.
ALBERT F. LOWAS, JR.
Panel Chair
AFBCMR 02-00789
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 Field Grade Officer
Performance Report, AF Form 707A, rendered for the period 4 September 1996
through 3 September 1997, be, and hereby is, declared void and removed from
his records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
In addition, the OPR makes reference to a LOR in direct violation of AFI 36- 2907. By referring to the LOR in the OPR, the rater has taken a localized temporary document and made it a permanent part of his official military record. The DPB evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and states that during his 16 Nov 99 performance feedback session, his rater gave no indication...
AF | BCMR | CY2004 | BC-2003-03086
The letter provided by the applicant’s supervisor [emphasis advisory’s] during the reporting period clearly states he was to provide an AF Form 77 to the rater for an evaluation to be accomplished. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He does not contend that 28 Feb 02 OPR rater was not his actual rater but rather that she was not his direct supervisor. The evidence...
AF | BCMR | CY2005 | BC-2005-00088
On 1 April 2004, the AFBCMR considered and, by a majority vote, recommended approval of applicant's request for removal of the OPR, closing 10 February 2002, LOCs, LOA, UIF, and all references thereto, from his records and SSB consideration, with his corrected record. As to the Board’s previous decision, DPB indicates that HQ ARPC complied (all available references to the LOC, LOA, UIF and the OPR were removed from the applicant’s record), and awarded SSB in lieu of the FY03 and FY04 Line...
AF | BCMR | CY2007 | BC-2007-01323
After the close-out of his OPR and long after he was barred from reserve status, his Top Secret with special access clearance was renewed to include four “compartments.” His former chain of command never notified the Security Forces of adverse action as required if they could substantiate his alleged abuse of authority. In support of his request, the applicant provided a copy of the referral OPR, rebuttal to the draft OPR, his previous OPR, a legal review by his defense counsel, an e-mail...
AF | BCMR | CY2004 | BC-1999-00530A
In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action regarding the applicant’s requests that his OPR rendered for the period 9 Jul 93 through 22 Aug 94 be declared void and removed from his records; his OPR rendered for the period 23 Aug 94 through 15 Jul 95 be declared void and removed from his records; his PRF prepared for consideration by the CY96A board be declared void and removed from his records; his PRF prepared for...
The applicant has provided a memorandum from AFMOA/SGZC informing applicant that the Commander, Air Force Medical Operations Agency, reviewed his appeal of the 60 MDW/CC restrictions of his clinical privileges. The AFPC/DPPPE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 5 Apr 02, for review and comment. Exhibit D. Letter,...
AF | BCMR | CY2006 | BC-2005-03068
The applicant’s nomination package for the FY06 LTC PV Selection Board was received by HQ ARPC on 29 Apr 05. Review of the nomination package determined the applicant did not meet one of the criteria for PV consideration, i.e., having at least 50 credit points for a year of satisfactory federal service during the last full R/R year. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2005 | BC-2004-03457
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03457 (Case 2) INDEX CODE: 111.01 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 9 MAY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: Her Officer Performance Report (OPR), rendered for the period 2 June 2000 through 1 June 2001, be placed in her Officer Selection Folder in lieu of the AF Form 77, Supplemental...
AF | BCMR | CY2011 | BC-2011-00698
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00698 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Performance Report (OPR) with a closeout date of 13 Oct 02 be removed from his records. In fact, it appears that counsel is asking the Board to read beyond the actual content of the report and find that it should be removed based on the...
AF | BCMR | CY2003 | BC-2002-03713
The applicant’s recent OPRs reflect the following: PERIOD ENDING EVALUATION 12 Mar 99 Meets Standards (PME) 12 Mar 00 Training Report * 12 Mar 01 Meets Standards (Assignment & PME) 24 Aug 01 Training Report (Squadron Officer School) **12 Mar 02 Meets Standards (No Assignment or PME) # 13 Sep 02 Meets Standards (Assignment & PME) * The rater and the additional rater for the 12 Mar 01 OPR were the same as in the contested report. We noted the supporting statements provided by the applicant;...